Air Navigation (Aircraft Noise) Regulations (Amendment)

Overview

The Air Navigation (Aircraft Noise) Regulations Amendment) 1992 No. 341 was introduced to address minor errors within the existing Air Navigation (Aircraft Noise) Regulations. This amendment, issued by authority of the Minister for Shipping and Aviation Support, aligns with the overarching provisions of the Air Navigation Act 1920, which empowers the Governor-General to establish regulations concerning air navigation. The policy objective of these amendments is to ensure that aircraft noise standards are uniformly applied and to facilitate the phased out of non-compliant subsonic jet aircraft, in accordance with international standards set by the Chicago Convention on International Civil Aviation and resolutions of the International Civil Aviation Organization. By correcting specific regulatory oversights, the amendments aim to streamline compliance and operational clarity for aircraft within Australia’s airspace.

Scope and Application

The Air Navigation (Aircraft Noise) Regulations Amendment) 1992 No. 341 applies to all aircraft registered in Australia, including those used for domestic air navigation and international flights, and aims to ensure compliance with noise standards outlined in Annex 16 to the Chicago Convention on International Civil Aviation. The regulations are designed to enforce noise certification for aircraft, with specific provisions for those registered after 1 January 1991, while also addressing transitional measures for aircraft registered prior to this date. These amendments clarify the conditions under which older aircraft can operate without noise certification and provide a pathway for historical or public interest exemptions. The geographic reach of these regulations is national, impacting all air navigation activities within Australia, and they are implemented under the authority of the Minister for Shipping and Aviation. The amendments do not introduce new substantive rules but correct and clarify existing provisions to ensure they operate as intended.

Key Provisions

The Air Navigation (Aircraft Noise) Regulations Amendment) 1992 No. 341 amends the existing Air Navigation (Aircraft Noise) Regulations to correct several minor errors. These amendments are essential for ensuring the regulations function as intended without ambiguity. Section 9(1)(e) and 9(2)(e) now explicitly state that aircraft registered on or before 6 December 1990, the commencement date of the regulations requiring aircraft to be noise certificated, can engage in air navigation without a noise certificate, provided they have been registered continuously. This clarification ensures that certain older aircraft are not inadvertently required to obtain a noise certificate. A new subregulation, 9A(1A), has been introduced to allow Chapter 2 aircraft to apply for permission to engage in air navigation on historical or public interest grounds. This addition provides a pathway for certain aircraft to continue operations despite not meeting the noise standards, subject to approval. Subregulations 9A(2) and (3) have been modified to align with the new subregulation 9A(1A), ensuring the regulations are internally consistent. Finally, subregulation 10(3) has been adjusted to rectify a minor drafting error, thereby maintaining the integrity and clarity of the regulations. These amendments impose specific obligations on parties and entities governed by the regulations. Aircraft owners and operators must ensure their aircraft meet the specified requirements, particularly those registered before 6 December 1990, who must demonstrate continuous registration to operate without a noise certificate. For those seeking to operate older aircraft on historical or public interest grounds, a formal application process must be followed, which includes providing justification for the exemption. The regulations also mandate that any aircraft added to the Australian register after 1 January 1991 must meet the noise standards outlined in Annex 16 to the Chicago Convention. Failure to comply with these requirements can result in penalties or prohibitions on operating the aircraft within Australian airspace. Failure to comply with the Air Navigation (Aircraft Noise) Regulations Amendment) 1992 No. 341 can lead to various civil and criminal consequences. The regulations do not explicitly state maximum penalties but indicate that breaches can result in enforcement actions. Specifically, operating a subsonic jet aircraft that does not meet the noise standards can lead to fines or other sanctions. Additionally, incorrect or fraudulent registration of aircraft to gain exemption under the amended provisions could result in criminal charges. The severity of penalties depends on the nature and extent of the breach, with repeat offenders or those causing significant disruption potentially facing more severe penalties. Ensuring compliance is, therefore, critical for all parties involved in aircraft operations within Australia.