EXPLANATORY NOTE:  UPDATING THE LIST OF LOW-NOISE JETS PERMITTED TO OPERATE AT SYDNEY AIRPORTDURING THE CURFEW PERIOD

Section 15 of the Act provides that jet aircraft that:

-          have a maximum take-off weight of less than 34,000 kilograms;

-          meet Chapter 3 noise standards set under the International Civil Aviation Organisation (ICAO) Annex 16; and

-          are included in a notice published in the Gazette;

may take off and land on specified runways during the curfew period at Sydney Airport.  Aircraft that currently meet these requirements are listed at Attachment A. The list covers aircraft types that are interchangeably referred to in the industry as light jets, business jets or low-noise jets.

The list of permitted aircraft was last revised in 1999.  Improved aircraft technology has seen the production of quieter aircraft that better ICAO noise standards, but these jets are currently not allowed to operate under the curfew arrangement as they are not in the list of permitted aircraft.

The Australian Business Aircraft Association (ABAA) sought to have the approved list expanded to include a number of modern, new-generation, low noise jets.  The proposed additions to the list are shown in Attachment B.

Airservices Australia provided technical advice confirming that all the aircraft types put forward by the ABAA for inclusion in the approved list satisfy the “low noise jet” criteria. 

Consultation requirements to amend the list

Amendment of the list of approved light jet aircraft requires the publication of a notice in the Gazette pursuant to subsection 15(2) of the Act.  Such a notice is a disallowable instrument.  Subsection 15(6) of the Act requires that a consultation process be followed before such a notice is published.  This process is set out in clauses 3-6 of the Schedule to the Act, Consultation Procedure and involves the:

          preparation of a written proposal;

          publication of a notice in a daily Sydney newspaper inviting the public to make written submissions; and

          consideration of any comments or submissions received.

The proposed amendment was tabled at a meeting of the Sydney Airport Community Forum held on 4 March 2005.  The Forum did not raise any objection to the proposal.  Accordingly, on 20 May 2005, the Minister for Transport and Regional Services gave approval for this consultation process to be undertaken.

Notice of the proposed amendment was published in the Sydney Morning Herald on 11 June 2005, inviting comments over the next 28 days.  The Department did not receive any adverse comment to the proposal.

On 4 October 2005 the Minister for Transport and Regional Services approved the proposed amendment to the List of Permitted Aircraft, pursuant to s15 of the Act and signed the relevant instrument.

ATTACHMENT A

Current List of small low noise jets

under Section 15 of the Act

ATTACHMENT B

PROPOSED UPDATED List of small low noise jets

* Must have MTOW of 34,000k