Air Navigation (Aircraft Noise) Regulations (Amendment)

Overview

The Air Navigation (Aircraft Noise) Regulations (Amendment) 1996 No. 209, issued under the authority of the Minister for Transport and Regional Development, amends the Air Navigation (Aircraft Noise) Regulations made under the Air Navigation Act 1920. This Act empowers the Governor-General to make regulations concerning air navigation, including matters related to aircraft noise. The policy objective of these regulations is to address aircraft noise issues by ensuring that all aircraft operating in Australia meet specific noise standards, as outlined in Annex 16 to the Convention on International Civil Aviation. This includes requiring subsonic jet aircraft added to the Australian register after 1 January 1991 to comply with certain noise standards and phasing out those that do not meet these standards. Additionally, the amendments provide a framework for the Secretary to grant permissions for aircraft without applicable noise standards to operate in Australia, subject to conditions aimed at mitigating noise impact.

Scope and Application

The Air Navigation (Aircraft Noise) Regulations (Amendment) 1996 No. 209 applies to aircraft operators and owners engaging in air navigation within Australia, specifically concerning the certification and operational permissions for aircraft that may not meet existing noise standards. The regulations govern both domestic and international air navigation and are made under the authority of the Air Navigation Act 1920, providing for the certification of aircraft to noise standards set out in Annex 16 of the Chicago Convention. The amendments to these regulations extend to allowing the Secretary to issue permissions for aircraft lacking applicable noise standards to operate in Australia, subject to specific conditions. This regulatory framework applies nationally and aims to balance aviation needs with noise management concerns. Notably, the regulations exclude aircraft already certified under existing provisions and focus on subsonic jet aircraft added to the Australian register post-1 January 1991. The amending regulations empower the Secretary to attach conditions to permissions and to revoke permissions if noise conditions are breached or if operations have significant noise impacts. These amendments are designed to provide a structured approach to managing aircraft noise within Australia while accommodating specific operational needs.

Key Provisions

The main operative sections of these Regulations pertain to the amendment of the Air Navigation (Aircraft Noise) Regulations, which were originally established under the Air Navigation Act 1920 (s 26). The key provisions include the introduction of new regulation 9AB (reg 4), which allows for the application and granting of permissions for aircraft without applicable noise standards to engage in air navigation within Australia. This new regulation is supported by the amendments to regulation 9A (reg 3), which clarifies the separation of permissions under this regulation from those under paragraphs 9AA and 9AB, and introduces conditions for all permissions granted under regulation 9A. Regulation 9AB(1) specifies that the owner or operator of an aircraft can apply to the Secretary for permission for the aircraft to engage in air navigation (reg 4(1)). Regulation 9AB(2) allows the Secretary to grant permission to an applicant by written notice (reg 4(2)). Regulation 9AB(3) requires the Secretary to specify the period during which the aircraft may engage in air navigation and any conditions that must be complied with (reg 4(3)). Regulation 9AB(4) stipulates that aircraft must comply with any specified conditions, with a penalty of 5,200 applying for breach (reg 4(4)). Regulation 9AB(5) empowers the Secretary to revoke permission if the aircraft is operated in contravention of a condition or if its operations have a significant noise impact on the public (reg 4(5)). Lastly, regulation 9AB(6) mandates that the Secretary notify the applicant in writing of any refusal or revocation (reg 4(6)). The Air Navigation (Aircraft Noise) Regulations impose several obligations on the parties and entities they govern. Firstly, aircraft owners or operators who wish to engage in air navigation with aircraft that do not meet applicable noise standards must apply to the Secretary for permission under the new regulation 9AB (reg 4). The Secretary has the authority to grant or refuse this permission, and if granted, must specify the conditions and period during which the aircraft may operate (reg 4(3)). Owners or operators must comply with these conditions to avoid penalties and potential revocation of permission (reg 4(4) and (5)). Furthermore, the Secretary must notify the applicant in writing of any refusal or revocation of permission (reg 4(6)). Decisions made under the new regulation 9AB are subject to merits review by the Administrative Appeals Tribunal (reg 5). The amending Regulations include provisions that outline the consequences for breaches of the new regulation 9AB. Regulation 9AB(4) specifies that aircraft must comply with any conditions set by the Secretary for permission to engage in air navigation (reg 4(4)). A penalty of 5,200 applies to a breach of this provision, indicating a financial penalty for non-compliance. Additionally, regulation 9AB(5) empowers the Secretary to revoke permission if the aircraft is operated in contravention of a condition or if its operations have a significant noise impact on the public (reg 4(5)). This revocation can lead to the cessation of air navigation activities for the non-compliant aircraft. Lastly, regulation 9AB(6) requires the Secretary to notify the applicant in writing of any refusal or revocation of permission, ensuring transparency and formal communication of decisions to the applicants (reg 4(6)). These provisions ensure that parties are held accountable for compliance with the regulations and conditions set forth by the Secretary.