EXPLANATORY STATEMENT: UPDATING THE LIST OF LOW NOISE JETS PERMITTED TO OPERATE AT SYDNEY AIRPORT DURING THE CURFEW PERIOD
Section 15 of the Act provides that jet aircraft that:
- have a maximum take-off weight of 34,000 kilograms or less;
- 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. 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 revised in December 1999, and more recently in October and November 2005 to allow quieter aircraft that better ICAO noise standards to operate under the curfew arrangement.
The Australian Business Aircraft Association (ABAA) sought to have the approved list expanded to include a number of modern, new-generation, low noise jets. 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 required 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 October 2005 list 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.
It was subsequently noted that the ABAA application had also requested that the listing for the Beech 400A be updated to reflect the aircraft’s new name. The Beech 400A was renamed Beechjet 400A/Hawker 400XP although the aircraft remains the same. The change in name is intended to align the aircraft with later generation aircraft in the Hawker XP range following changes to Hawker Pacific’s corporate structure. It is also noted that the Canadair Challenger 604 was inadvertently omitted from the list signed on 4 October 2005.
These changes have now been included in the latest amended list signed on 8 November 2005. These changes refer only to the re-inclusion of an aircraft that was already in the list dated 13 December 1999, and the addition of a new brand name for another aircraft that was also in the lists dated 13 December 1999 and 4 October 2005.
Overview
The Noise Amendment (Aircraft) Regulations 2005, enacted in 2005, address the need to update the list of low noise jets permitted to operate at Sydney Airport during the curfew period, aligning with international noise standards and technological advancements in aircraft. This regulation was introduced to ensure compliance with existing noise standards while accommodating quieter, more modern aircraft types. Enacted by the Parliament of Australia, the primary policy objective of this regulation is to facilitate smoother operations during the curfew period by including aircraft that meet stringent noise standards, thereby minimising disruption to the community. The regulation mandates a consultation process, including public notice and consideration of submissions, before any amendments to the approved list of aircraft are made, ensuring transparency and community engagement in the regulatory process.
Scope and Application
The Act pertains to the regulation of low noise jets that are permitted to operate at Sydney Airport during the curfew period, specifically targeting aircraft with a maximum take-off weight of 34,000 kilograms or less, which 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. This encompasses the types of aircraft referred to in the industry as light jets, business jets, or low-noise jets. The list of these permitted aircraft was revised to include quieter aircraft that better meet ICAO noise standards, with amendments made in December 1999, October 2005, and November 2005 following proposals and consultation processes. The Australian Business Aircraft Association (ABAA) sought to expand this list to include modern, new-generation, low-noise jets, with Airservices Australia confirming their suitability. The Act’s geographic reach is specifically limited to Sydney Airport, and the amendments to the list of permitted aircraft are subject to consultation and publication requirements as outlined in the Act, ensuring transparency and public engagement in the decision-making process.
Key Provisions
The key provisions of this legislation revolve around the updated list of low noise jets permitted to operate at Sydney Airport during curfew periods, as outlined in section 15 of the Act. This section specifies that jet aircraft with a maximum take-off weight of 34,000 kilograms or less, which meet Chapter 3 noise standards set by the International Civil Aviation Organisation (ICAO) Annex 16, and are included in a notice published in the Gazette, are permitted to take off and land on specified runways during the curfew period at Sydney Airport. These aircraft are often referred to in the industry as light jets, business jets, or low-noise jets.
The obligations and requirements imposed by the Act involve a formal consultation process before any amendments to the approved list of aircraft can be made. According to subsection 15(6) of the Act, a consultation process must be followed before a notice is published in the Gazette. This process, detailed in clauses 3-6 of the Schedule to the Act, includes the preparation of a written proposal, publication of a notice in a Sydney newspaper inviting public submissions, and consideration of any comments or submissions received. This ensures that the proposed changes to the list are transparent and take into account any public feedback.
There are no specific offences, penalties, or civil/criminal consequences mentioned for breach in the explanatory statement. However, the process of updating the list of permitted aircraft is designed to be thorough and inclusive, ensuring that any amendments are made with due consideration and consultation, thereby maintaining the operational standards and community relations at Sydney Airport.