Air Navigation (Aircraft Noise—Repeal and Consequential Amendments) Regulations 2018

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2018L00449 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Minute No. 13 of 2018 - Minister for Infrastructure and Transport

 

Subject - Air Navigation Act 1920

 

Air Navigation (Aircraft Noise – Repeal and Consequential Amendments) Regulations 2018

 

INTRODUCTION

The Air Navigation Act 1920 (the Act) gives effect to the International Convention on Civil Aviation (the Chicago Convention) which regulates all aspects of international air transport.

 

Section 26 of the Act provides that the Governor‑General may make regulations prescribing matters required or permitted by the Act to be prescribed.

 

OUTLINE

The purpose of the Air Navigation (Aircraft Noise – Repeal and Consequential Amendments) Regulations 2018 (the Regulations) is to repeal the Air Navigation (Aircraft Noise) Regulations 1984 (the 1984 Regulations) which sunset on 1 April 2018.

 

The Regulations also make consequential amendments to other instruments because of the Air Navigation (Aircraft Noise) Regulations 2018.

 

The Regulations:

  • repeal the 1984 Regulations; and
  • amend:

a)      the Aircraft Noise Levy Regulations 1984;

b)     the Air Navigation (Coolangatta Airport Curfew) Regulations 1999;

c)      the Air Navigation (Essendon Fields) Airport Regulations 2001;

d)     the Air Navigation Regulation 2016

e)      the Airports (Environment Protection) Regulations 1997; and

f)       the Civil Aviation Safety Regulations 1998.

Details of the Regulations are set out in Attachment A

 

A Statement of Compatibility with Human Rights is set out in Attachment B prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

The Act specifies no conditions that need to be satisfied before the power to make the legislative instrument may be exercised.

 

The Regulations are a legislative instrument for the purpose of the Legislation Act 2003.

 

The Regulations commenced on 1 April 2018.

 

 

 

 

 


ATTACHMENT A

 

Details of the Air Navigation (Aircraft Noise – Repeal and Consequential Amendments) Regulations 2018

 

Section 1 – Name of Regulation

This section provides that the title of the Air Navigation (Aircraft Noise – Repeal and Consequential Amendments) Regulations 2018

 

Section 2 – Commencement

This instrument commenced on 1 April 2018.

 

Section 3 –Authority

This instrument is made under the Air Navigation Act 1920.

 

Section 4 – Schedule

This section would provide that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

Part 1 - Repeals

This Part repeals the Air Navigation (Aircraft Noise) Regulations 1984.

Part 2 – Amendments

Item 2 and Item 3

The Aircraft Noise Levy Regulations are amended to incorporate reference to the Air Navigation (Aircraft Noise) Regulations 2018.

Item 4

The Air Navigation (Coolangatta Airport Curfew) Regulations 1999 are amended to incorporate reference to the Air Navigation (Aircraft Noise) Regulations 2018.

Item 5

The Air Navigation (Essendon Fields Airport) Regulations 2001 are amended to incorporate reference to the Air Navigation (Aircraft Noise) Regulations 2018.

Item 6

The Air Navigation Regulation 2016 is amended to incorporate reference to the Air Navigation (Aircraft Noise) Regulations 2018.

Item 7

The Airports (Environment Protection) Regulations 1997 are amended to incorporate reference to the Air Navigation (Aircraft Noise) Regulations 2018.

 

 

Item 8

The Civil Aviation Safety Regulations 1998 are amended to incorporate reference to the Air Navigation (Aircraft Noise) Regulations 2018.


ATTACHMENT B

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Air Navigation (Aircraft Noise) Regulations 2018

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Regulations

The Regulations:

  • repeal the 1984 Regulations; and
  • amend:

g)     the Aircraft Noise Levy Regulations 1984;

h)     the Air Navigation (Coolangatta Airport Curfew) Regulations 1999;

i)       the Air Navigation (Essendon Fields) Airport Regulations 2001;

j)       the Air Navigation Regulation 2016

k)     the Airports (Environment Protection) Regulations 1997; and

l)       the Civil Aviation Safety Regulations 1998.

To incorporate reference to the Air Navigation (Aircraft Noise) Regulations 2018 as the Air Navigation (Aircraft Noise) Regulations 1984 are repealed.

 

Human rights implications

The amendments made by this Legislative Instrument do not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

Deputy Prime Minister and Minister for Infrastructure and Transport, the Hon Michael McCormack MP

Overview

The Air Navigation (Aircraft Noise – Repeal and Consequential Amendments) Regulations 2018, introduced by the Minister for Infrastructure and Transport, are designed to modernise and streamline the regulatory framework surrounding aircraft noise in Australia. Enacted under the authority of the Air Navigation Act 1920, these Regulations repeal the outdated Air Navigation (Aircraft Noise) Regulations 1984 and amend several other related instruments to ensure consistency with the new Air Navigation (Aircraft Noise) Regulations 2018. This legislative update addresses the need for a contemporary and integrated approach to managing aircraft noise, aligning regulatory practices with current aviation standards and practices. The objective is to maintain safety and environmental standards while facilitating smoother operations at Australian airports.

Scope and Application

The Air Navigation (Aircraft Noise – Repeal and Consequential Amendments) Regulations 2018 (Regulations) are made under the authority of the Air Navigation Act 1920 and commenced on 1 April 2018. The Regulations repeal the Air Navigation (Aircraft Noise) Regulations 1984 and make consequential amendments to several other regulations including the Aircraft Noise Levy Regulations 1984, the Air Navigation (Coolangatta Airport Curfew) Regulations 1999, the Air Navigation (Essendon Fields) Airport Regulations 2001, the Air Navigation Regulation 2016, the Airports (Environment Protection) Regulations 1997, and the Civil Aviation Safety Regulations 1998. The Regulations apply to all persons and entities involved in the regulation of aircraft noise within Australia, including airports, airlines, and aircraft manufacturers. The Regulations have a national reach, applying to all aircraft operating within Australia's airspace. The Regulations do not specify any exclusions, exemptions, or thresholds. The application of the Regulations may be extended or restricted through subordinate instruments.

Key Provisions

The Air Navigation (Aircraft Noise – Repeal and Consequential Amendments) Regulations 2018, made under Section 26 of the Air Navigation Act 1920, repeal the Air Navigation (Aircraft Noise) Regulations 1984 and amend several other related regulations to incorporate references to the Air Navigation (Aircraft Noise) Regulations 2018. The main operative sections of the Regulations are Sections 1 through 4, where the name of the Regulation is provided, the commencement date is set as 1 April 2018, the authority for making these Regulations is outlined, and the Schedule details the specific amendments and repeals. Section 4 of the Regulations confirms that each instrument specified in the Schedule is amended or repealed as outlined in the applicable items, with any other items in the Schedule having effect according to their terms. The Regulations impose specific obligations and requirements on the entities they govern. These include amending the Aircraft Noise Levy Regulations 1984, the Air Navigation (Coolangatta Airport Curfew) Regulations 1999, the Air Navigation (Essendon Fields) Airport Regulations 2001, the Air Navigation Regulation 2016, the Airports (Environment Protection) Regulations 1997, and the Civil Aviation Safety Regulations 1998 to incorporate references to the Air Navigation (Aircraft Noise) Regulations 2018. This ensures that all related regulations are updated to reflect the repeal of the 1984 Regulations and the introduction of the new 2018 Regulations. There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of these Regulations. However, failure to comply with any of the amended regulations could potentially result in enforcement actions under the respective regulations. For instance, non-compliance with the Civil Aviation Safety Regulations 1998 could lead to enforcement actions under that Act, which may include fines or other penalties as specified within the Civil Aviation Safety Regulations themselves. It is important for entities governed by these Regulations to ensure they are fully compliant to avoid any such consequences.

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Environmental Law
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.