EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO. 277
ISSUED BY THE AUTHORITY OF THE MINISTER FOR
TELECOMMUNICATIONS AND AVIATION SUPPORT AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS
Paragraph 26 (1) (b) of the Air Navigation Act 1920 (the Act) provides that the Governor General may make regulations not inconsistent with the Act, for the purpose of giving effect to the Chicago Convention, as amended by the Protocols referred to in subsection 3A (2), any Annex to the Convention relating to international standards and recommended practices (being an Annex adopted in accordance with the Convention) and the Air Transit Agreement.
Regulation 2 the Air Navigation (Aircraft Noise) Regulations (the Regulations) defined “aircraft” to include an aircraft to which the standards specified in Chapter 3, 5, 6 or 8 of Part II of Volume 1 of the Annex are applicable.
Regulation 2 also defined “the Annex” to mean Annex 16 to the Chicago Convention, as amended and in force on 21 November 1985.
The International Civil Aviation Organization has recently made changes to Annex 16 to the Chicago Convention with effect from 17 November 1988, to improve aircraft noise certification procedures and to introduce a new Chapter 10 into the Annex for the noise certification of propeller-driven aircraft to a maximum take-off weight of up to 9000kg.
The amendments to regulation 2 change the reference to “Chapter 3, 5, 6 or 8” in paragraph (c) of the definition of “aircraft” to read “Chapter 3, 5, 6, 8 or 10”, and omit “21 November 1985” from the definition of “the Annex” and substitute “17 November 1988”.
The Statutory Rules are effective from date of Gazettal.
Overview
The Air Navigation (Aircraft Noise) Regulations, introduced in 1996, are amendments to the Air Navigation Act 1920, aimed at aligning Australia’s regulations with the updated international standards for aircraft noise certification procedures. Enacted by the Minister for Telecommunications and Aviation under the authority of the Statutory Rules 1988, these regulations respond to the International Civil Aviation Organization's modifications to Annex 16 of the Chicago Convention, which came into effect on 17 November 1988. The policy objective is to ensure that Australia's regulatory framework for aircraft noise certification is consistent with global standards, thereby reducing the environmental impact of aircraft noise. The regulations achieve this by updating the definition of "aircraft" to include those applicable to the new Chapter 10 of Annex 16 and adjusting the reference date of the Annex to reflect the recent amendments.
Scope and Application
The Air Navigation (Aircraft Noise) Regulations, made under the Air Navigation Act 1920, apply to aircraft that are subject to the standards specified in Chapters 3, 5, 6, 8, or 10 of Part II of Volume 1 of Annex 16 to the Chicago Convention. This includes aircraft to which the new noise certification procedures for propeller-driven aircraft up to 9000kg maximum take-off weight, introduced by Chapter 10, are applicable. The Regulations aim to give effect to international standards and recommended practices as per the Chicago Convention, including the amendments reflecting the changes to Annex 16 made effective from 17 November 1988. The application of these Regulations extends to all aircraft operating within Australian airspace, ensuring compliance with the international standards for aircraft noise management. The Regulations are made with the authority of the Minister for Transport and aim to align Australian legislation with international commitments under the Chicago Convention and associated agreements, thus ensuring a cohesive approach to aircraft noise regulation across jurisdictions.
Key Provisions
The key operative sections of these statutory rules concern the amendments to the Air Navigation (Aircraft Noise) Regulations. Specifically, Regulation 2 is amended to reflect changes in Annex 16 to the Chicago Convention. Regulation 2(1)(b) now includes an expanded definition of “aircraft” to encompass those aircraft to which the standards specified in Chapter 3, 5, 6, 8, or 10 of Part II of Volume 1 of the Annex are applicable. This addition is in response to the introduction of a new Chapter 10 in Annex 16, which pertains to the noise certification of propeller-driven aircraft with a maximum take-off weight of up to 9000kg. Moreover, the definition of “the Annex” in Regulation 2(1)(c) has been updated to refer to Annex 16, as amended and in force from 17 November 1988, replacing the previous reference date of 21 November 1985.
These statutory rules impose obligations on various entities, primarily those involved in the certification and operation of aircraft. Operators and manufacturers must now comply with the expanded scope of noise certification requirements as outlined in the updated Annex 16. This includes ensuring that aircraft, especially those falling under the newly introduced Chapter 10, meet the specified noise standards. The changes necessitate that relevant authorities update their certification processes to reflect the new standards and procedures. Furthermore, the regulations require entities to maintain compliance with the amended Annex 16 when conducting aircraft noise assessments and implementing necessary noise mitigation measures.
Failure to comply with the provisions of the amended Air Navigation (Aircraft Noise) Regulations can result in both civil and criminal consequences. Under the Air Navigation Act 1920, non-compliance with regulations made under the Act can lead to enforcement actions. The specific consequences for breach depend on the nature and severity of the violation. Civil penalties may include fines, while more severe breaches could result in criminal charges. The maximum penalties are not explicitly stated within the statutory rules themselves but are governed by the broader provisions of the Air Navigation Act 1920, which can include substantial fines and, in some cases, imprisonment. The specific penalties would be determined by the courts based on the circumstances of each case.