Air Navigation (Aircraft Engine Emissions) Regulations (Amendment) 1997 No. 80
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 80
Issued by the authority of the Minister for Transport and Regional Development
Air Navigation Act 1920
Air Navigation (Aircraft Engine Emissions) Regulations (Amendment)
The Air Navigation (Aircraft Engine Emissions) Regulations (the Emission Regulations) provide a regime for regulating the emission of pollutants from aircraft engines. Aircraft are not permitted to engage in air navigation in Australia unless their engines comply with certain internationally-agreed standards for fuel venting and smoke and gaseous emissions. These standards appear at Annex 16 to the Convention on International Civil Aviation 1944 (the Chicago Convention), to which Australia is a signatory.
Subsection 26(1) of the Air Navigation Act 1920 provides that the Governor-General may make regulations, inter alia, prescribing all matters which are necessary or convenient to be prescribed for carrying out or giving effect to the Act, and for the purpose of carrying out and giving effect to the Chicago Convention.
Aircraft which do not comply with the Annex 16 standards are still allowed to engage in air navigation in Australia if the Secretary of the Department of Transport and Regional Development grants permission under regulation 6 of the Emission Regulations. Such permits may be granted subject to conditions, subregulation 6(3), and must specify the permitted air navigation and the duration (not exceeding one month) during which the permit is in force, subregulation 6(4).
Subregulation 9(1) of the Emission Regulations provides that decisions not to grant permits and decisions to revoke permits are reviewable by the Administrative Appeals Tribunal (AAT).
The Air Navigation (Aircraft Engine Emissions) Regulations (Amendment) (the Regulations) amend subregulation 9(1) of the Emission Regulations by expanding the scope of AAT review of the decisions of the Secretary to include the imposition of conditions under subregulation 6(3) and the specification of permitted air navigation and duration of the permit under subregulation 6(4).
Details of the Regulations appear in the Attachment. The proposed Regulations commence on gazettal.
Attachment
Clause 1 -Amendment
Clause 1 of the Regulations provides that the Air Navigation (Aircraft Engine Emissions) Regulations are amended as set out in these Regulations.
Clause 2 - Regulation 9 (Review by Administrative Appeals Tribunal)
Clause 2 of the Regulations repeals subregulation 9(1) of the Air Navigation (Aircraft Engine Emissions) Regulations and substitutes it with a new subregulation 9(1). The effect of the substitution is to broaden the scope of review of the Secretary's decisions by the Administrative Appeals Tribunal (AAT). The AAT is empowered not only to review decisions to refuse to grant permits and to revoke permits, but to review conditions attached to permits, the air navigation permitted under permits, and the duration of permits. The exclusion of review of decisions in relation to permit conditions, permitted air navigation, and permit duration from the substituted subregulation 9(1) was an oversight.
Overview
The Air Navigation (Aircraft Engine Emissions) Regulations (Amendment) 1997 No. 80, issued by the authority of the Minister for Transport and Regional Development, was enacted to amend the Air Navigation (Aircraft Engine Emissions) Regulations of 1997. This amendment was introduced to address an oversight in the initial regulations concerning the scope of review by the Administrative Appeals Tribunal (AAT). The original regulations allowed for AAT review only in relation to decisions to refuse or revoke permits, without including decisions on conditions, permitted air navigation, and duration of permits. This gap was intended to be rectified to ensure comprehensive oversight and accountability in the regulatory process.
The legislative amendment was made under the authority of the Air Navigation Act 1920, which empowers the Governor-General to make regulations necessary for implementing the Convention on International Civil Aviation 1944 (Chicago Convention), to which Australia is a signatory. The policy objective of the amendment is to ensure that all decisions made by the Secretary of the Department of Transport and Regional Development regarding aircraft engine emission permits are subject to AAT review, thereby providing a robust framework for compliance with international standards.
Scope and Application
The Air Navigation (Aircraft Engine Emissions) Regulations (Amendment) 1997 No. 80, issued under the authority of the Minister for Transport and Regional Development, primarily amends the Air Navigation (Aircraft Engine Emissions) Regulations to expand the scope of review by the Administrative Appeals Tribunal (AAT) for decisions made by the Secretary of the Department of Transport and Regional Development. This amendment applies to all aircraft seeking to engage in air navigation within Australia, ensuring that their engines comply with the internationally-agreed standards set forth in Annex 16 of the Convention on International Civil Aviation 1944. The amendment allows the AAT to review not only decisions to refuse or revoke permits for non-compliant aircraft but also the conditions imposed on such permits, the specific air navigation permitted, and the duration of the permits. These regulations are crucial in maintaining compliance with international aviation standards and ensuring that air navigation in Australia is conducted in a manner that minimises environmental impact.
Key Provisions
The key operative sections of the Air Navigation (Aircraft Engine Emissions) Regulations (Amendment) 1997 No. 80 provide amendments to the existing regulations concerning the emission standards for aircraft engines. These amendments, detailed in Clause 1 of the Regulations, ensure that the scope of review by the Administrative Appeals Tribunal (AAT) is expanded. Specifically, the AAT now has the authority to review not only decisions to refuse or revoke permits but also the conditions attached to these permits, the permitted air navigation, and the duration of the permits themselves. This amendment is set out in Clause 2 of the Regulations, which substitutes the existing subregulation 9(1) of the Air Navigation (Aircraft Engine Emissions) Regulations.
The obligations imposed by these Regulations are primarily on the Secretary of the Department of Transport and Regional Development. Under regulation 6 of the Emission Regulations, the Secretary is responsible for granting permits that allow non-compliant aircraft to engage in air navigation in Australia. These permits must specify the permitted air navigation and the duration of the permit, which must not exceed one month. The Secretary must also consider and potentially impose conditions on the permits to ensure compliance with safety and environmental standards. Furthermore, the Regulations mandate that any decisions by the Secretary not to grant permits or to revoke existing permits are subject to review by the AAT, as outlined in subregulation 9(1).
In terms of potential breaches and their consequences, the Regulations do not explicitly detail specific offences or penalties within the text provided. However, it is reasonable to infer that non-compliance with the permit conditions, or failure to adhere to the specified air navigation and duration, could lead to revocation of the permit or other administrative actions. Given the oversight that necessitated these amendments, it is likely that the Department of Transport and Regional Development would take appropriate measures to ensure compliance with the newly expanded review powers of the AAT. While the maximum penalties are not stated in the provided text, any breaches of aviation regulations typically carry significant fines and potential criminal charges under the Air Navigation Act 1920.