Air Navigation (Aircraft Noise) Regulations (Amendment) 1994 No. 305
EXPLANATORY STATEMENT
Statutory Rules 1994 No. 305
Issued by the authority of the Minister for Transport
Air Navigation Act 1920
Air Navigation (Aircraft Noise) Regulations (Amendment)
Subsection 26(1) of the Air Navigation Act 1920 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and, in particular, regulations in relation to:
• carrying out and giving effect to the Chicago Convention (as amended) and the Air Transit Agreement [paragraph 26(1)(b)];
• air navigation within a Territory or to or from a Territory [paragraph 26(1)(c)];
• air navigation, being regulations with respect to trade and commerce with other countries and among the States [paragraph 26(1)(d)]; and
• air navigation being regulations with respect to any other matter with respect to which the Parliament has power to make laws [paragraph 26(1)(e)],
The Air Navigation (Aircraft Noise) Regulations (the Regulations) contain detailed provisions which:
• provide for the certification to noise standards contained in Annex 16 to the Convention on International Civil Aviation (the Chicago Convention) of all aircraft engaged in domestic air navigation and to Australian registered aircraft engaged in international air navigation;
• prohibit all subsonic jet aircraft added to the Australian register after 1 January 1991 from operating in Australia unless they meet the noise standards contained in Volume 1, Chapter 3 of Annex 16 to the Chicago Convention; and
• give effect to a resolution of the General Assembly of the International Civil Aviation Organization to phase out ail subsonic jet aircraft not meeting the noise standards contained in Volume 1, Chapter 3 of Annex 16 to the Chicago Convention during the period 1 April 1995 to 31 March 2002.
The amendments to the Regulations will:
• amend the definition of "aircraft" in regulation 2 so that propeller-driven aircraft that are specifically designed, and used exclusively, for aerobatic, fire fighting and agricultural purposes are not covered by the Regulations.
• amend the definition of "Annex" in regulation 2 to reflect Australia's support for amendments to Volume 1 of Annex 16 which came into effect on 11 November 1993.
• insert a definition of "certificate of airworthiness" so as to encompass certificates issued under the Civil Aviation Regulations and those issued under the appropriate laws of any Contracting State to the Chicago Convention.
• insert a definition of "supersonic aircraft" in regulation 2, insert a new regulation 9AA (Permission for a supersonic aircraft to engaged in air navigation) and amend regulations 9 and 9A to extend the application of the Regulations to all supersonic aircraft. At present the Regulations do not apply to supersonic aircraft for which the application for a certificate of airworthiness for the prototype was accepted on or after 1 January 1975. The amendments provide for supersonic aircraft to operate through a process of individual approvals.
• amends regulation 10A (Permission to engage in air navigation for a subsonic jet aircraft that does not comply with the Chapter 3 standards) to correct a drafting anomaly by inserting the words 'subject to regulation 1013' at the beginning of subregulation 10A(1).
• amends regulation 13 (Review of decisions) so as to make decisions made under regulation 9AA reviewable by the Administrative Appeals Tribunal.
• omits subregulations 13(2) and (3) as a result of amendment of the Administrative Appeals Tribunal Act 1975 which makes the substance of these regulations redundant.
The Regulations will commence on the date of gazettal.
Overview
The Air Navigation (Aircraft Noise) Regulations (Amendment) 1994 No. 305 were enacted to amend the existing Air Navigation (Aircraft Noise) Regulations under the authority of the Minister for Transport. These amendments were made in accordance with Subsection 26(1) of the Air Navigation Act 1920, which allows the Governor-General to create regulations related to air navigation, including those that give effect to international agreements such as the Chicago Convention. The policy objective behind these amendments is to align the regulations with international standards and to address specific operational requirements, including the inclusion of supersonic aircraft and the exclusion of certain propeller-driven aircraft used for aerobatic, firefighting, and agricultural purposes from the noise certification requirements. This amendment seeks to ensure compliance with international noise standards while also reflecting changes in the regulatory framework and operational practices.
Scope and Application
The Air Navigation (Aircraft Noise) Regulations (Amendment) 1994 applies to aircraft engaged in air navigation within Australia, including those registered in Australia and those operating internationally. The Act, under which these regulations are made, extends to providing for air navigation within a Territory or to or from a Territory, and encompasses trade and commerce with other countries and among the States, as well as any other matters within the legislative power of the Parliament. The amendment specifies that propeller-driven aircraft used exclusively for aerobatic, fire fighting, and agricultural purposes are excluded from the regulations, reflecting a targeted approach to noise management. Additionally, the amendment extends the regulatory scope to include supersonic aircraft by inserting specific definitions and provisions for their operation, thereby ensuring that the regulations now cover a broader range of aircraft types. Decisions regarding the operation of these aircraft are made subject to certain conditions and can be reviewed by the Administrative Appeals Tribunal, ensuring compliance and accountability within the regulatory framework.
Key Provisions
The Air Navigation (Aircraft Noise) Regulations (Amendment) 1994 No. 305 modifies existing regulations concerning aircraft noise to align with international standards and Australian needs. Regulation 2 is amended to redefine "aircraft" and "Annex," ensuring that specific propeller-driven aircraft for aerobatic, firefighting, and agricultural purposes are excluded from the regulations. This exclusion reflects the unique operational needs of these aircraft and their limited impact on noise pollution in populated areas. Further, the definition of "supersonic aircraft" is introduced, and new regulation 9AA is added, detailing the process for permitting supersonic aircraft to engage in air navigation. This includes individual approvals for such aircraft, extending the scope of the regulations to cover supersonic aircraft previously exempt due to the timing of their airworthiness certificates.
These amendments impose several obligations on parties and entities governed by the regulations. For instance, aircraft operators must ensure that their aircraft meet the specified noise standards or obtain the necessary permissions to operate if they do not. The changes also require operators of supersonic aircraft to apply for individual approvals, a process detailed in the newly introduced regulation 9AA. Additionally, the amendments necessitate that operators of subsonic jet aircraft that do not meet the noise standards comply with regulation 10A, subject to regulation 1013. These requirements are designed to balance aviation needs with public health and environmental considerations.
Failure to comply with the Air Navigation (Aircraft Noise) Regulations can result in significant consequences. The Act does not specify particular offences or penalties within the explanatory statement, but breaches of regulations concerning aircraft noise can generally lead to enforcement actions, fines, or other penalties under the overarching Air Navigation Act 1920 and associated regulations. Non-compliance can also result in aircraft being grounded or denied permission to operate, which would have substantial operational and financial repercussions for the operators involved. Additionally, decisions made under the regulations, such as those concerning permissions for supersonic aircraft, are subject to review by the Administrative Appeals Tribunal, providing a legal recourse for affected parties.