Air Navigation (Coolangatta Airport Curfew) Amendment Regulations 2001 (No. 1) 2001 No. 145
EXPLANATORY STATEMENT
Statutory Rules 2001 No. 145
Issued by the authority of the Minister for Transport and Regional Services
Subsection 26(1) of the Air Navigation Act 1920 provides that the Governor-General may make regulations prescribing matters, inter alia:
"...(c) in relation to air navigation within a Territory or to or from a Territory;
(d) in relation to air navigation, being regulations with respect to trade and commerce with other countries and among the States; and
(e) in relation to air navigation, being regulations with respect to any other matter with respect to which the Parliament has power to make laws."
The Air Navigation (Coolangatta Airport Curfew) Regulations 2001 (Curfew Regulations) were introduced to put in place a regulated curfew for Coolangatta Airport
The Amendment Regulations replaced the definition of "Annex" which was contained in Subregulation 5(1) of the Curfew Regulations with a correct definition. In this sub-regulation, "Annex" was defined as meaning 'volume 1 of Annex 16 to the Convention on International Civil Aviation concluded at Chicago on 7 December 1994...'. The date in this definition was identified as being incorrect, and therefore the Amendment Regulations replaced that definition with the following: "Annex means volume 1 of Annex 16 to the Chicago Convention.". There is no need for a more specific definition as the Chicago Convention (including the date it was concluded) is incorporated in Schedule 1 to the Air Navigation Act 1920.
Details of the Amendment Regulations are attached.
The Amendment Regulations commenced on gazettal.
ATTACHMENT
Item 1 - Name of Regulations
The Regulations are the Air Navigation (Coolangatta Airport Curfew) Amendment
Regulations 2001 (No. 1)
Item 2 - Commencement
The Regulations commenced on gazettal.
Item 3 - Amendment
The Air Navigation (Coolangatta Airport Curfew) Regulations 1999 were amended as set out in Schedule 1 to the Regulations.
Schedule 1 - Amendments
Item 1
The definition of Annex in Subregulation 5(1) of the Curfew Regulations was replaced with the following: "Annex means volume 1 of Annex 16 to the Chicago Convention".
Overview
The Air Navigation (Coolangatta Airport Curfew) Amendment Regulations 2001 (No. 1) were enacted to amend the Air Navigation (Coolangatta Airport Curfew) Regulations 2001, which had established a curfew for operations at Coolangatta Airport. The problem that these regulations were designed to address was the need to manage noise and other impacts of air traffic at the airport during certain hours. This was achieved by setting specific curfew times during which aircraft operations were restricted. The Amendment Regulations were made under the authority of the Minister for Transport and Regional Services and were intended to correct an error in the original regulations concerning the definition of "Annex," thereby ensuring that the regulations complied with the Chicago Convention on International Civil Aviation. The objective was to maintain regulatory accuracy and consistency with international standards.
Scope and Application
The Air Navigation (Coolangatta Airport Curfew) Amendment Regulations 2001 (No. 1) amends the existing Curfew Regulations by correcting an error in the definition of "Annex" within Subregulation 5(1) of the Air Navigation (Coolangatta Airport Curfew) Regulations 2001. This correction ensures that the term "Annex" accurately refers to "volume 1 of Annex 16 to the Chicago Convention," thus aligning with the correct date of the convention's conclusion. The amendment does not alter the substantive provisions of the Curfew Regulations but serves to rectify a minor error in the definition, thereby maintaining the integrity and applicability of the regulations. These regulations apply to all air navigation activities within the territorial jurisdiction of Australia and are subject to the overarching provisions of the Air Navigation Act 1920.
Key Provisions
The Air Navigation (Coolangatta Airport Curfew) Amendment Regulations 2001 (No. 1) primarily aim to correct a definition within the existing Air Navigation (Coolangatta Airport Curfew) Regulations 2001. Section 1(2) of the Amendment Regulations introduces the new definition of "Annex" in Subregulation 5(1), changing it from a previous, inaccurate version to accurately reflect "Annex" as meaning 'volume 1 of Annex 16 to the Chicago Convention'. This adjustment ensures that the term "Annex" is correctly referenced in the context of the Chicago Convention, as stated in Schedule 1 to the Air Navigation Act 1920 (section 1(1)).
The Amendment Regulations impose an obligation on parties and entities governed by the Curfew Regulations to adhere to the corrected definition of "Annex". This ensures consistency and accuracy in the interpretation and application of the regulations, particularly in relation to the curfew provisions for Coolangatta Airport. The amendment serves to rectify a technical error in the original regulation, thus maintaining the integrity and legal coherence of the regulatory framework.
Under the Air Navigation Act 1920, breaches of the regulations, including any misinterpretation or non-compliance due to the previous incorrect definition, could potentially lead to legal consequences. Although the Amendment Regulations themselves do not explicitly state new offences or penalties, the underlying regulations may include provisions that could result in civil or administrative penalties for non-compliance. The specific penalties would be dictated by the original Curfew Regulations, which could include fines or other administrative actions for violations of the curfew provisions.
The Amendment Regulations took effect immediately upon gazettal, as outlined in Item 2 of the attached details. This means that the corrected definition of "Annex" is applicable from the moment the Amendment Regulations were published. The swift implementation ensures that any references or applications of the term "Annex" within the Curfew Regulations are accurate and compliant with international standards as set by the Chicago Convention.