Statutory Rules 1981 No. 3081
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Air Navigation Regulations2 (Amendment)
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Air Navigation Act 1920.
Dated 21 October 1981.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
RALPH J. HUNT
Minister of State for Transport
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1. After regulation 315A of the Air Navigation Regulations the following regulation is inserted:
Discharge of firearms
“315AA. (1) A person shall not discharge a firearm upon or over any part of an aerodrome.
“(2) Sub-regulation (1) does not apply to or in relation to a person who is—
(a) an officer or employee of the Department of Transport;
(b) a member of the Defence Force;
(c) a constable;
(d) a person who is acting with the authority of a person referred to in paragraph (a), (b) or (c); or
(e) where the aerodrome is an aerodrome in respect of which a licence has been issued under regulation 84—
(i) the proprietor of the aerodrome;
(ii) a person who is acting with the authority of the proprietor; or
(iii) a person referred to in paragraph (a), (b), (c) or (d).”.
Stationary aircraft within precincts of an aerodrome
2. Regulation 315B of the Air Navigation Regulations is amended—
(a) by omitting from sub-regulation (1) “Director-General designates as an area for the parking of aircraft” and substituting “Secretary has, under sub-regulation (2), designated to be an area for the parking of aircraft of a kind to which that aircraft belongs”;
(b) by omitting sub-regulations (1A) and (2) and substituting the following sub‑regulations:
“(1A) Notwithstanding sub-regulation (1), an aircraft that is not certified as airworthy shall not, without the permission in writing of the Secretary, be left standing for a period exceeding 12 weeks in an area that the Secretary has, under sub-regulation (2), designated to be an area for the parking of aircraft of a kind to which that aircraft belongs.
“(2) The Secretary may designate a part of an aerodrome to be an area for the parking of aircraft of a specified kind by means of signs, notices or markers placed about the area—
(a) that identify the area;
(b) that specify the kind of aircraft that may be parked in the area; and
(c) that specify the conditions (if any) subject to which aircraft of that kind may be parked in that area.”;
(c) by omitting from sub-regulation (3) “the Director-General may, by notice in writing served on the owner of the aircraft, direct the owner” and substituting “the Secretary may, by notice in writing served on a person who is a relevant person in relation to the aircraft, direct that person”;
(d) by omitting from paragraph (b) of sub-regulation (3) “designated by the Director-General for the parking of aircraft” and substituting “specified by the Secretary in the notice”;
(e) by omitting from sub-regulation (4) “the owner” (wherever occurring) and substituting “a relevant person”;
(f) by omitting from sub-regulation (5) “An owner” and substituting “A relevant person”;
(g) by omitting from sub-regulation (6) “an owner” and substituting “a relevant person”; and
(h) by adding at the end thereof the following sub-regulation:
“(8) In this regulation, ‘relevant person’, in relation to an aircraft, means—
(a) the owner, operator, hirer or pilot in command of the aircraft; or
(b) a person apparently in charge of the aircraft at the time of the service of the notice on him.”.
Damaged aircraft on movement area to be reported
3. Regulation 315BAA of the Air Navigation Regulations is amended—
(a) by omitting sub-regulation (1) and substituting the following sub-regulation:
“(1) Where an aircraft—
(a) is left standing on the movement area of an aerodrome; or
(b) is left standing on any other area of an aerodrome so as to constitute a hazard to aircraft operations,
the pilot in command of the aircraft shall forthwith report the fact that the aircraft is standing on the movement area or other area of the aerodrome to the nearest Air Traffic Control unit or radio communication station.”; and
(b) by adding at the end thereof the following sub-regulation:
“(4) A reference in this regulation to an aerodrome shall be read as including a reference to an aerodrome under the control of a part of the Defence Force, being an aerodrome in respect of which an arrangement under section 18 of the Act is in force.”.
Removal of aircraft from movement area
4. Regulation 315BA of the Air Navigation Regulations is amended—
(a) by omitting from sub-regulation (1) all the words after “from” (first occurring) and substituting “any part of an aerodrome or to move an aircraft from one part of the movement area of an aerodrome to another, the Secretary may authorize an officer, with such assistance (if any) as the officer requires, to so remove or move the aircraft, and the officer shall remove or move the aircraft accordingly”; and
(b) by adding at the end thereof the following sub-regulation:
“(3) A reference in this regulation to an aerodrome shall be read as including a reference to an aerodrome under the control of a part of the Defence Force, being an aerodrome in respect of which an arrangement under section 18 of the Act is in force.”.
Posters, signs and advertisements within precincts of an aerodrome
5. Regulation 315D of the Air Navigation Regulations is amended—
(a) by omitting from sub-regulation (1) “Forty dollars” and substituting “$100”;
(b) by omitting from sub-regulation (4) “Forty dollars” and substituting “$100”; and
(c) by adding at the end thereof the following sub-regulation:
“(6) A reference in this regulation to the occupier of a building or other property shall, if, in a particular case, there is no occupier of a building or other property, be read as a reference to the tenant of the building or other property.”.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 30 October 1981.
2. Statutory Rules 1947 No. 112 as amended to date. For previous amendments see Note 2 to Statutory Rules 1981 No. 32 and see also Statutory Rules 1981 Nos. 32, 77 and 253.