Notice Specifying Jet Aircraft Permitted to Take-off or Land During a Curfew Period (04/10/2005)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2005L03079 Not in force Legislative Instrument

Legislation content

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

 

 

Aircraft Type

 

Take-off   Noise

(EPNdB)

 

Arrival Noise

(EPNdB)

 

MTOW (kg)

BAe125-800B

80.9

96.5

12,430

Beech 400A

88.6

91.4

7,303

Canadair Challenger 601

79.9

89.4

19,550

Cessna Citation 500

78.0

87.9

5,380

Cessna Citation 525

73.4

92.1

4,717

Cessna Citation 550

80.1

90.5

7,212

Cessna Citation 560

82.9

85.7

7,393

Cessna Citation 650

84.9

93.8

5,534

Cessna Citation 750

72.3

90.2

16,230

Falcon 10

82.9

95.3

8,500

Falcon 50EX

83.0

95.2

18,005

Falcon 200

83.9

94.2

14,515

Falcon 900

81.9

91.7

20,640

Falcon 2000

79.4

93.1

15,890

Gulfstream IV

76.8

91.0

33,203

HS 125-700B

88.0

96.0

11,567

Learjet 31A

81.9

92.8

7,711

Learjet 35

84.5

92.2

8,300

Learjet 36

84.5

92.2

8,300

Learjet 45

75.1

85.2

9,162

Learjet 60

70.8

87.7

10,659

Mitsubishi MU-300

88.6

91.4

6,636

Westwind 1124

81.2

93.0

10,660

 

 


ATTACHMENT B

PROPOSED UPDATED List of small low noise jets

Aircraft Type

Take-off Noise (EPNdB)

Arrival Noise (EPNdB)

MTOW (kg)

BAe125-800B

80.9

96.5

12,430

Beech 400A

88.6

91.4

7,303

Canadair Challenger 300

75.3

89.6

17,464

Canadair Challenger 601

79.9

89.4

19,550

Cessna 680

78.0

88.0

13,721

Cessna Citation 500

78.0

87.9

5,380

Cessna Citation 525

73.4

92.1

4,717

Cessna Citation 550

80.1

90.5

7,212

Cessna Citation 560

82.9

85.7

7,393

Cessna Citation 650

84.9

93.8

5,534

Cessna Citation 750

72.3

90.2

16,230

Falcon 10

82.9

95.3

8,500

Falcon 50

84.3

91.6

17,636

Falcon 50EX

83.0

95.2

18,005

Falcon 200

83.9

94.2

14,515

Falcon 900

81.9

91.7

20,640

Falcon 900C

79.8

91.7

20,640

Falcon 900EX

79.8

92.3

21,900

Falcon 2000

79.4

93.1

15,890

Falcon 2000EX

84.0

95.0

18,734

*Global Express

77.1

89.7

34,000

*Global 5000

77.1

89.7

34,000

*Gulfstream IV

76.8

91.0

33,203

*Gulfstream IV-SP

79.0

93.3

33,838

*Gulfstream IV-G300

78.2

93.3

34,000

*Gulfstream IV-G350

76.6

93.0

34,000

*Gulfstream IV-G400

79.0

93.3

34,000

*Gulfstream IV-G450

76.6

93.0

34,000

*Gulfstream IV-G500

77.6

90.8

34,000

*Gulfstream IV-G550

75.9

90.8

34,000

*Gulfstream V

75.9

90.8

34,000

Hawker 800XP/850XP

79.3

93.3

12,701

Hawker Horizon

81.0

94.3

17,010

HS 125-700B

88.0

96.0

11,567

Learjet 31A

81.9

92.8

7,711

Learjet 35

84.5

92.2

8,300

Learjet 36

84.5

92.2

8,300

Learjet 40

74.4

93.4

9,231

Learjet 45

75.1

85.2

9,162

Learjet 45XR

75.5

93.4

9,752

Learjet 60

70.8

87.7

10,659

Legacy EMB-135

80.0

91.3

22,200

Mitsubishi MU-300

88.6

91.4

6,636

Premier 1/1A

78.3

92.0

5,670

Westwind 1124

81.2

93.0

10,660

* Must have MTOW of 34,000k        

Overview

The F2005L03079 legislation, enacted in 2005, was introduced to address the outdated list of low-noise jets permitted to operate at Sydney Airport during curfew periods. This gap was identified due to advancements in aircraft technology that produced quieter jets meeting International Civil Aviation Organisation (ICAO) noise standards, but which were not included in the existing list of approved aircraft. The Australian Business Aircraft Association (ABAA) sought to update the list to incorporate modern, low-noise jets, which was supported by technical advice from Airservices Australia confirming that the proposed aircraft met the criteria. The Act mandates a consultation process, which was followed by the Minister for Transport and Regional Services, resulting in the approval of the updated list of permitted aircraft on 4 October 2005. The policy objective of the legislation is to enhance the efficiency and environmental performance of Sydney Airport operations by incorporating quieter aircraft into the approved list.

Scope and Application

The legislation F2005L03079 pertains to the amendment of the list of low-noise jets permitted to operate at Sydney Airport during the curfew period, in accordance with section 15 of the Act. The Act applies specifically to jet aircraft that meet certain criteria, including having a maximum take-off weight of less than 34,000 kilograms, adhering to Chapter 3 noise standards set under the International Civil Aviation Organisation (ICAO) Annex 16, and being included in a notice published in the Gazette. The amendment process involves a consultation procedure outlined in the Act, which requires the preparation of a written proposal, publication of a notice in a daily Sydney newspaper inviting public submissions, and consideration of any received comments or submissions. The updated list of permitted aircraft, reflecting modern, quieter aircraft, was approved by the Minister for Transport and Regional Services on 4 October 2005. The amended list, which includes additional aircraft types such as the Canadair Challenger 300 and various Gulfstream models, ensures that new-generation low-noise jets are now allowed to operate during the curfew period, enhancing the operational efficiency of Sydney Airport while maintaining compliance with noise standards.

Key Provisions

The legislation, F2005L03079, updates the list of low-noise jets permitted to operate at Sydney Airport during curfew periods. According to Section 15 of the Act, jet aircraft with a maximum take-off weight of less than 34,000 kilograms, meeting the International Civil Aviation Organisation (ICAO) Chapter 3 noise standards, and listed in a Gazette notice, are allowed to take off and land on specified runways during curfew hours (s15(1)). The list of approved aircraft, known as light jets, business jets, or low-noise jets, was last revised in 1999 and now includes newer, quieter aircraft. The proposed additions are detailed in Attachment B of the legislation. The Act mandates a consultation process before amending the list of approved aircraft. This process involves preparing a written proposal, publishing a notice in a Sydney newspaper to invite public submissions, and considering any received comments (s15(6)). The consultation was conducted in accordance with clauses 3-6 of the Schedule to the Act, with the proposed amendment published in the Sydney Morning Herald on 11 June 2005. Following public consultation, the Minister for Transport and Regional Services approved the amendment on 4 October 2005. Entities and parties governed by this Act must ensure that any jet aircraft they operate comply with the specified criteria, including weight limits, noise standards, and inclusion on the approved list. Failure to adhere to these requirements can result in the aircraft being prohibited from operating at Sydney Airport during curfew periods. The Act also stipulates that amendments to the approved list must follow a formal process, involving public consultation and consideration of any feedback. There are no explicit offences or penalties mentioned in the legislation for non-compliance with the updated list of permitted aircraft. However, any aircraft operating outside the stipulated conditions could face restrictions or prohibitions on operating during curfew hours. Operators must ensure their aircraft meet all the specified criteria to avoid any operational disruptions at Sydney Airport.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.