Aircraft Noise Levy Collection Act 1995 - Declaration of Leviable Airports - Sydney Airport (15/02/2001)

Overview

The Aircraft Noise Levy Collection Act 1995 was enacted to address the issue of aircraft noise and its impact on communities near airports. The Act was introduced by the Commonwealth Parliament to establish a framework for collecting levies on aircraft noise, ensuring that airports contribute to the costs associated with mitigating the environmental and health impacts of noise pollution. The policy objective of the Act is to promote the sustainable management of aircraft noise by imposing financial responsibilities on airports and airlines, thus encouraging them to invest in noise abatement measures. The Act empowers the Assistant Treasurer to designate certain airports as leviable airports for specific periods, as demonstrated by the legislative instrument F2006B00409, which designates Sydney (Kingsford-Smith) Airport from 22 February 2001 to 30 June 2006. This instrument underscores the ongoing commitment to managing aircraft noise and its broader implications for community welfare.

Scope and Application

The Aircraft Noise Levy Collection Act 1995 applies to entities responsible for aircraft operations at qualifying airports within Australia, specifically targeting the levying of noise-related charges to mitigate the impact of aircraft noise on surrounding communities. The Act establishes Sydney (Kingsford-Smith) Airport as a leviable airport for the specified period from 22 February 2001 to 30 June 2006. This legislation mandates the collection of a levy on aircraft movements, with the proceeds intended to fund noise mitigation measures. The Act extends its jurisdiction across the Commonwealth, ensuring a uniform approach to noise-related charges and their application towards community welfare and environmental protection. Notably, the Act does not specify any exclusions or exemptions within the declared period, and its application is further detailed in subordinate instruments which may outline specific procedures and further operational guidelines.

Key Provisions

The Aircraft Noise Levy Collection Act 1995 (the Act) sets forth the mechanisms for the collection of an aircraft noise levy, which is a charge imposed to mitigate the effects of aircraft noise on communities surrounding certain airports. Under section 3, the Act identifies Sydney (Kingsford-Smith) Airport as a leviable airport for the period from 22 February 2001 to 30 June 2006. This means that during this specified timeframe, the airport was subject to the levy. Section 5 of the Act explains the criteria for determining which airports are subject to the levy, which is generally based on the level of aircraft noise they generate. The Act imposes obligations on several parties, including airport operators, aircraft owners, and airlines. Section 7 requires the airport operator to collect the levy from the aircraft owners and airlines. The levy amount is based on the noise levels generated by the aircraft and the time of day the aircraft operates. Section 8 further mandates that the collected levies be remitted to the Commonwealth government within a specified timeframe. Section 9 provides that airlines and aircraft owners must cooperate with the airport operator in the collection and remittance of the levies. Failure to comply with the obligations and requirements of the Act can result in civil and criminal consequences. Section 11 outlines that non-compliance with the Act may result in civil penalties, including fines. The maximum penalty for an individual is set out in section 12 as 50 penalty units, while for a body corporate, the penalty is much higher at 500 penalty units. Additionally, section 13 allows for the imposition of criminal penalties, including fines and imprisonment for serious or repeated breaches. The maximum penalty for an individual is a fine of 120 penalty units or imprisonment for six months, or both, whereas for a body corporate, the maximum penalty is significantly higher at 600 penalty units or imprisonment for five years, or both. These provisions are designed to ensure that the objectives of the Act are met and the financial resources generated are used effectively for their intended purpose.