Aircraft Noise Levy Act 1995

Overview

The Aircraft Noise Levy Act 1995 was enacted by the Australian Parliament to address the problem of noise pollution caused by aircraft, specifically jet aircraft, landing at certain airports. The Act imposes a levy on the landing of jet aircraft at designated airports to help mitigate the adverse effects of aircraft noise on communities and the environment. The levy is payable by the operator of the aircraft making the landing. The policy objective of the Act is to manage and reduce aircraft noise by imposing a financial burden on those responsible for the noise, which can be used to fund noise mitigation measures and initiatives. The Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory, ensuring its applicability across all jurisdictions within Australia. The Governor-General has the authority to make regulations for the purposes of the Act, including determining the amount of the levy and the criteria for its imposition.

Scope and Application

The Aircraft Noise Levy Act 1995 is a Commonwealth Act that imposes a levy on the landing of jet aircraft at certain airports to address the noise pollution generated by aircraft operations. The Act applies to the landing of jet aircraft operated by commercial entities, excluding state aircraft, aircraft with an assessed noise level below 265 Effective Perceived Noise Decibels, and aircraft used for emergency services or charitable purposes as prescribed by regulations. The levy is payable by the operator of the jet aircraft. The Act binds the Crown in right of each of the States, the Australian Capital Territory, and the Northern Territory. The amount of the levy is calculated based on the effective perceived noise level of the aircraft and is determined by regulations, with a cap of $180 for landings in the financial year ending on 30 June 1996, and 110% of the preceding year's maximum for subsequent years. The Governor-General may make regulations to give effect to the provisions of this Act. The Act has been subject to amendments over the years, notably to align with changes in the Australian Charities and Not-for-profits Commission Act 2012.

Key Provisions

The Aircraft Noise Levy Act 1995 (sections 5 and 6) imposes a levy on the landing of jet aircraft at certain airports, except under specific conditions. Firstly, the levy does not apply to state aircraft as defined in the Civil Aviation Act 1988, nor does it apply to aircraft with an assessed noise level of less than 265 Effective Perceived Noise Decibels. Additionally, the levy is exempt for landings made as part of flights providing emergency services or transporting goods or people for registered charities, subject to any conditions prescribed by regulations. The amount of the levy is calculated using a formula defined in the regulations, with the assessed noise and levy unit being key components. The regulations may consider the aircraft type and noise levels from test flights when determining the assessed noise. The levy unit amount is capped at $180.00 for the financial year ending on 30 June 1996, and for subsequent years, it cannot exceed 110% of the previous year's maximum levy unit. Under the Act, the primary obligation falls on the operator of the jet aircraft that makes the landing, who is responsible for paying the levy (section 7). This means that the entity operating the aircraft at the time of landing must ensure the levy is paid. The Governor-General has the authority to make regulations for the purposes of sections 5 and 6, thereby providing a framework within which the levy is imposed and calculated. The regulations must be consistent with the statutory requirements, ensuring that the levy is fairly and effectively applied. Breaches of the provisions within the Aircraft Noise Levy Act 1995 can lead to civil or criminal consequences. For example, failure to pay the levy when it is due can result in penalties, although the specific penalties are detailed in the Aircraft Noise Levy Collection Act 1995. The Act itself does not specify maximum penalties, but related legislation or regulations may outline these. Furthermore, non-compliance with the regulatory framework or any prescribed conditions may also attract penalties or enforcement actions, reinforcing the importance of adhering to the Act's requirements.