Sydney Airport Curfew Regulations 1995

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

Legislation au F1996B00044 Regulations Not in force Legislative Instrument

Legislation content

Sydney Airport Curfew Regulations 1995

Statutory Rules No. 444, 1995

made under the

Sydney Airport Curfew Act 1995

Compilation No. 2

Compilation date:   29 October 2016

Includes amendments up to: F2016L01651

Registered:    7 November 2016

 

About this compilation

This compilation

This is a compilation of the Sydney Airport Curfew Regulations 1995 that shows the text of the law as amended and in force on 29 October 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name of Regulations

3 Interpretation

4 Meaning of air traffic controller

5 Address for lodgment of return

6 Prescribed number—subsection 12(8) of the Act

7 Prescribed number—subsection 12(9) of the Act

8 Specified persons—subsection 13(1) of the Act

9 Separate limits—paragraph 13(3)(b) of the Act

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

 

 

1  Name of Regulations

  These Regulations are the Sydney Airport Curfew Regulations 1995.

3  Interpretation

  In these Regulations:

Act means the Sydney Airport Curfew Act 1995.

4  Meaning of air traffic controller

  For the purposes of the definition of air traffic controller in section 3 of the Act, air traffic controller means a person who is authorised under Subpart 65.B of the Civil Aviation Safety Regulations 1998 to carry out air traffic control functions in Australian territory.

5  Address for lodgment of return

 (1) For the purposes of paragraphs 8(3)(d) and 9(3)(e) of the Act, the prescribed address for lodgment of a return by post is:

  Airservices Australia

  GPO Box 367

  CANBERRA ACT 2601.

 (2) For the purposes of paragraphs 8(3)(d) and 9(3)(e) of the Act, the prescribed address for lodgment of a return in person is:

  Airservices Australia

  Alan Woods Building

  25 Constitution Avenue

  CANBERRA CITY 2601.

Note: Under subsection 8(3) of the Act, the return must be given to an authorised person. ‘Authorised person’ is defined in section 3 of the Act.

6  Prescribed number—subsection 12(8) of the Act

 (1) For the purposes of paragraph 12(8)(a) of the Act, the prescribed number of takeoffs and landings is 0.

 (2) For the purposes of paragraph 12(8)(b) of the Act, the prescribed number of takeoffs and landings is 0.

7  Prescribed number—subsection 12(9) of the Act

 (1) For the purposes of paragraph 12(9)(a) of the Act, the prescribed number of landings is 24.

 (2) For the purposes of paragraph 12(9)(b) of the Act, the prescribed number of landings is 5.

8  Specified persons—subsection 13(1) of the Act

  For the purposes of subsection 13(1) of the Act, each of the following persons is specified:

 (a) Cobham Aviation Services;

 (b) Qantas Airways Ltd;

 (c) Toll Transport Pty Limited;

 (d) Virgin Australia Airlines Pty Ltd.

9  Separate limits—paragraph 13(3)(b) of the Act

  For the purposes of paragraph 13(3)(b) of the Act, the upper limit applicable under paragraph 13(3)(a) of the Act for takeoffs and landings of aircraft of the type known as BAe146 is divided to impose separate limits as follows:

 (a) for aircraft registered in the name of, or operated by or on behalf of, Cobham Aviation Services—28;

 (b) for aircraft registered in the name of, or operated by or on behalf of, Qantas Airways Ltd—27;

 (c) for aircraft registered in the name of, or operated by or on behalf of, Toll Transport Pty Limited—1;

 (d) for aircraft registered in the name of, or operated by or on behalf of, Virgin Australia Airlines Pty Ltd—18.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Number and year

FRLI registration or gazettal

Commencement

Application, saving and transitional provisions

444, 1995

22 Dec 1995

24 Dec 1995 (r 2)

 

261, 2003

16 Oct 2003

16 Oct 2003 (r 2)

 

Name

Registration

Commencement

Application, saving and transitional provisions

Sydney Airport Curfew Amendment (Permitted Freight Movements) Regulation 2016

28 Oct 2016 (F2016L01651)

29 Oct 2016 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

r 1.....................

rs No 261, 2003

r 2.....................

rep LA s 48D

r 4.....................

am F2016L01651

r 8.....................

rs No 261, 2003; F2016L01651

r 9.....................

rep No 261, 2003

 

ad F2016L01651

r 10....................

rs No 261, 2003

 

rep F2016L01651

 

Overview

The Sydney Airport Curfew Regulations 1995 were enacted to address operational and safety concerns associated with noise pollution and disruptions caused by airport operations during nighttime hours. These regulations were made under the authority of the Sydney Airport Curfew Act 1995, which was enacted by the Commonwealth Parliament. The policy objective of these regulations is to limit the number of aircraft take-offs and landings at Sydney Airport during specified nighttime hours to mitigate the impact of noise on the surrounding community and to ensure the safety and efficiency of air traffic operations. The regulations define key terms, establish operational limits for different aircraft types and operators, and specify procedures for lodging returns and managing curfew compliance.

Scope and Application

The Sydney Airport Curfew Regulations 1995, made under the Sydney Airport Curfew Act 1995, apply to the operation of Sydney Airport during specified hours to mitigate noise and other impacts on the surrounding community. The Regulations set forth the specific curfew times and define terms such as "air traffic controller," and also establish procedures for lodging returns and setting limits on the number of take-offs and landings for certain aircraft and operators. These Regulations apply to all aircraft operating at Sydney Airport and to specified entities including Cobham Aviation Services, Qantas Airways Ltd, Toll Transport Pty Limited, and Virgin Australia Airlines Pty Ltd. The scope of these Regulations extends to the Commonwealth of Australia, specifically within the jurisdiction of the Sydney Airport. Any exemptions or exclusions from the curfew would need to be specified within the Regulations or other subordinate instruments. Modifications and amendments to the Regulations are incorporated into this compilation but are not reflected in the text itself. Uncommenced amendments and repealed provisions are noted in the endnotes, but do not alter the text of the law.

Key Provisions

The Sydney Airport Curfew Regulations 1995 provide detailed provisions for the curfew on aircraft operations at Sydney Airport, as established under the Sydney Airport Curfew Act 1995. The main sections of the Regulations include definitions and the specification of certain operational limits. For instance, section 4 defines key terms such as "air traffic controller," which includes any person authorised under the Civil Aviation Safety Regulations 1998 to perform air traffic control functions within Australian territory. Section 5 outlines the address where returns must be lodged either by post or in person, directing them to Airservices Australia in Canberra. These Regulations impose specific obligations on parties involved with aircraft operations at Sydney Airport. For example, section 6 sets the prescribed number of take-offs and landings at 0, indicating a complete prohibition during the curfew hours unless otherwise specified. Section 7 further delineates the number of landings permitted, with a maximum of 24 landings under certain conditions and 5 landings under others. The Regulations also identify specified persons, such as Cobham Aviation Services, Qantas Airways Ltd, Toll Transport Pty Limited, and Virgin Australia Airlines Pty Ltd, who are subject to these operational limits as outlined in sections 8 and 9. These sections ensure that each of these entities adheres to separate limits based on the type of aircraft and their operational needs. Failure to comply with the Sydney Airport Curfew Regulations 1995 can result in significant legal consequences. Breaches of these regulations can lead to both civil and criminal penalties, although the specific penalties are not detailed within the Regulations themselves. Typically, under the Sydney Airport Curfew Act 1995, penalties for non-compliance could include fines and potential imprisonment, depending on the severity and frequency of the breach. However, the exact penalties would be determined by the courts and may vary based on the specific circumstances of each case.

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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.