Air Navigation (Aircraft Noise) Regulations (Amendment)

Overview

The Air Navigation (Aircraft Noise) Regulations (Amendment) 1991, issued under the authority of the Minister for Shipping and Aviation, were enacted to address the growing concern over aircraft noise pollution in Australia. These amendments were made to the existing Air Navigation (Aircraft Noise) Regulations, which were established under the Air Navigation Act 1920 to manage air navigation within Australia and to align with international standards. The primary objective of these amendments was to enforce stricter noise standards for subsonic jet aircraft operating within Australia, in line with international commitments under the Chicago Convention on International Civil Aviation. The amendments introduced a prohibition on the operation of subsonic jet aircraft that did not meet specified noise standards from January 1991 onwards, and also aimed to phase out such aircraft by March 2002. These changes sought to mitigate the environmental impact of aircraft noise while ensuring compliance with international aviation standards.

Scope and Application

The Air Navigation (Aircraft Noise) Regulations (Amendment) 1991, issued under the Air Navigation Act 1920, apply to all aircraft operating within Australia, including those registered abroad and involved in domestic flights, as well as Australian-registered aircraft engaged in international air navigation. These regulations specifically target subsonic jet aircraft added to the Australian register post 1 January 1991, mandating that they meet specified noise standards outlined in Volume I, Chapter 3 of Annex 16 to the Chicago Convention on International Civil Aviation. The regulations also address the phase-out of older subsonic jet aircraft that do not meet these noise standards over the period from 1 April 1995 to 31 March 2002. Exemptions from these regulations include hot air balloons, and the scope extends to air navigation conducted by foreign corporations and trading or financial corporations formed within the Commonwealth. The amending regulations enhance penalties for breaches, increase fines from $1,000 to $2,000, and clarify conditions under which the Secretary may permit aircraft to operate without a noise certificate. These amendments came into effect upon notification in the Gazette.

Key Provisions

The Air Navigation (Aircraft Noise) Regulations (Amendment) 1991 (No. 428) amends the existing regulations to enhance noise standards for aircraft operating in Australia. Specifically, section 10 of the amending regulations prohibits any subsonic jet aircraft registered in Australia after 1 January 1991 from operating unless they comply with the noise standards outlined in Volume I, Chapter 3 of Annex 16 to the Chicago Convention on International Civil Aviation. This ensures that all newly registered subsonic jet aircraft meet specific noise criteria before being allowed to fly in Australian airspace. Furthermore, the amending regulations, as outlined in section 13, give effect to a resolution by the General Assembly of the International Civil Aviation Organisation (ICAO) that mandates the phase-out of all subsonic jet aircraft that do not meet the aforementioned noise standards. This phase-out period is set to occur between 1 April 1995 and 31 March 2002. The Regulations also include a number of miscellaneous amendments, such as excluding hot air balloons from the scope of the regulations (section 2) and extending the regulations' applicability to air navigation conducted by foreign corporations or trading and financial corporations within the Commonwealth (section 3). In terms of obligations, the amending regulations impose a duty on aircraft owners and operators to ensure that their aircraft meet the specified noise standards. This includes obtaining the necessary noise certificates and adhering to the phase-out schedule for non-compliant aircraft. The Regulations also impose a duty on the Secretary to enforce these standards and to grant permission for aircraft to operate without a noise certificate under certain circumstances, as clarified in section 11. These regulations require compliance from all aircraft operators, including both domestic and international entities, ensuring that all aircraft meet the stringent noise standards. The amending regulations also introduce new penalties for breaches, as specified in section 10. The penalty for contravening the regulations has been increased from $1,000 to $2,000, and the term of imprisonment has been removed. This higher financial penalty serves as a deterrent against non-compliance and ensures that aircraft noise levels are adequately managed within Australian airspace. Additionally, any failure to meet the phase-out requirements for non-compliant aircraft will result in the aircraft being prohibited from operating within Australia, with potential additional civil or criminal consequences as per the applicable laws.