Air Navigation (Aircraft Noise) Regulations Amendment) 1992 No. 341
EXPLANATORY STATEMENT
Statutory Rules 1992 No. 341
Issued by Authority of the Minister for Shipping and Aviation Support
Air Navigation Act 1920
Air Navigation (Aircraft Noise) Regulations Amendment)
Subsection 26(1) of the Air Navigation Act 1920 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and, in particular, regulations in relation to:
• air navigation within a Territory or to or from a Territory [paragraph 26(1)(c)];
• air navigation, being regulations with respect to trade and commerce with other countries and among the States [paragraph 26 (1) (d) ]; and
• air navigation being regulations with respect to any other matter with respect to which the Parliament has power to make laws [paragraph 26(1)(e)].
The Air Navigation (Aircraft Noise) Regulations (the Regulations) contain detailed provisions which:
• provide for the certification to noise standards contained in Annex 16 to the Chicago Convention on International Civil Aviation (the Convention) of all aircraft engaged in domestic air navigation and to Australian registered aircraft engaged in international air navigation;
• prohibit all subsonic jet aircraft added to the Australian register after 1 January 1991 from operating in Australia unless they meet the noise standards contained in Volume I, Chapter 3 of Annex 16 to the Convention; and
• give effect to a resolution of the General Assembly of the International Civil Aviation Organization (ICAO) to phase out all subsonic jet aircraft not meeting the noise standards contained in Volume I, Chapter 3 of Annex 16 to the Convention during the period 1 April 1995 to 31 March 2002.
The amending regulations amend the Regulations to correct a number of minor errors. In particular,
• paragraphs 9(1)(e) and 9(2)(e) have been amended to clarify that aircraft which were registered on or before 6 December 1990 (the date upon which the regulations requiring aircraft to be noise certificated commenced) can engage in air navigation without a noise certificate only if they have been registered on a continual basis;
• a new subregulation 9A(1A) has been inserted to enable Chapter 2 aircraft to apply for permission to engage in air navigation on historical or public interest grounds;
• subregulations 9A)(2) and (3) have been amended in consequence of the new subregulation 9A(1A); and
• subregulation 10(3) has been amended to address a minor drafting matter.
The Regulations commenced on gazettal.
Overview
The Air Navigation (Aircraft Noise) Regulations Amendment) 1992 No. 341 is an amendment to the Air Navigation (Aircraft Noise) Regulations, which were initially established under the Air Navigation Act 1920. This legislative amendment was enacted to correct minor errors in the original regulations, ensuring they align more closely with the noise certification standards outlined in the Chicago Convention on International Civil Aviation and the resolutions of the International Civil Aviation Organization. The objective of these regulations is to manage and mitigate aircraft noise, thereby addressing environmental and public health concerns associated with aviation activities. The amending regulations were issued under the authority of the Minister for Shipping and Aviation, and they aim to refine the certification process for aircraft noise, ensuring compliance with international standards and facilitating smoother operations for aircraft registered both domestically and internationally.
Scope and Application
The Air Navigation (Aircraft Noise) Regulations Amendment) 1992 No. 341 amends the Air Navigation (Aircraft Noise) Regulations under the Air Navigation Act 1920. The Act applies to air navigation within Australia, including all aircraft engaged in domestic and international air navigation. This includes aircraft registered in Australia or operated by Australian entities, as well as any other aircraft operating within Australian airspace. The amending regulations specifically address subsonic jet aircraft added to the Australian register after 1 January 1991, requiring them to meet the noise standards contained in the Chicago Convention on International Civil Aviation to operate in Australia. The Regulations also give effect to an ICAO resolution to phase out subsonic jet aircraft that do not meet these noise standards between 1 April 1995 and 31 March 2002. Additionally, the amendments correct minor errors in the original Regulations, such as clarifying the registration requirements for aircraft registered before 6 December 1990 and enabling Chapter 2 aircraft to apply for special permission to engage in air navigation on historical or public interest grounds. The Regulations commenced on gazettal and are binding on all persons and entities subject to their provisions.
Key Provisions
The Air Navigation (Aircraft Noise) Regulations Amendment) 1992 No. 341 amends the existing Air Navigation (Aircraft Noise) Regulations under the Air Navigation Act 1920. The Act authorises the Governor-General to make regulations in relation to air navigation within Australia, including trade and commerce with other countries and among the States. The original Regulations set noise standards for aircraft engaged in domestic and international air navigation, aligning with Annex 16 to the Chicago Convention on International Civil Aviation, and established a phase-out period for subsonic jet aircraft that do not meet these standards. The amending regulations focus on correcting minor errors within the original Regulations.
These amendments impose specific obligations on the parties governed by the Regulations. Firstly, they clarify that aircraft registered on or before 6 December 1990, the date upon which noise certification requirements commenced, can operate without a noise certificate if they have been continuously registered since that date. This amendment ensures that the transition period for compliance is accurately applied. Secondly, the introduction of a new subregulation 9A(1A) allows Chapter 2 aircraft to apply for permission to engage in air navigation on historical or public interest grounds, providing a pathway for exceptions based on unique circumstances. Additionally, subregulations 9A(2) and (9A)(3) have been adjusted to accommodate the new subregulation 9A(1A), ensuring that the overall framework remains coherent and functional.
Failure to comply with the provisions of the Air Navigation (Aircraft Noise) Regulations can result in both civil and criminal consequences. Although the specific penalties are not detailed within the amending regulations, violations of the Air Navigation Act 1920 generally attract significant fines and potential imprisonment. The precise penalties may vary depending on the nature and severity of the breach, but the overarching objective is to enforce the regulations rigorously to protect public health and maintain safety standards in air navigation.