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AIR NAVIGATION (COOLANGATTA AIRPORT CURFEW) REGULATIONS 1999 1999 NO. 352
EXPLANATORY STATEMENTSTATUTORY RULES 1999 No. 352
Issued by the Authority of the Minister for Transport and Regional Services
Air Navigation Act 1920
Air Navigation (Coolangatta Airport Curfew) Regulations 1999
Subsection 26(1) of the Air Navigation Act 1920 provides that the Governor-General may make regulations, inter alia:
"...(c) in relation to air navigation within a Territory or to or from a Territory;
(d) in relation to air navigation, being regulations with respect to trade and commerce with other countries and among the States;
(e) in relation to air navigation, being regulations with respect to any other matter with respect to which the Parliament has power to make laws."
Subsection 26(2) of the Air Navigation Act 1920 provides that regulations made under subsection 26(1) can include regulations imposing penalties not exceeding $5000. The maximum penalty for a body corporate is $25000, as provided for by subsections 4B(3) and 4B(3A) of the Crimes Act 1914, which establishes the maximum penalty for a body corporate as five times that for a natural person, unless the contrary intention occurs in the legislation under which the penalty is made.
The purpose of the Air Navigation (Coolangatta Airport Curfew) Regulations 1999 is to put in place a legislated curfew arrangement at Coolangatta Airport.
The Regulations provide for the following:
* a curfew to apply at Coolangatta Airport between the hours of 11.00pm and 6.00am
(local time), except where the Regulations otherwise permit;
* an annual quota of 24 passenger jet movements during curfew hours to cater for peak
demand periods such as school holidays, Easter and Christmas periods and special
events. These quota flights are permitted between 11.00pm and 11.45pm Eastern
Standard Time, or between 11.00pm and 11.30pm EST when Daylight Saving Time is
in force in New South Wales, except that departures are not allowed after 11.00pm
EST during Daylight Saving Time in NSW;
* a total of four freight jet aircraft movements per week during curfew hours by
BAe 146 aircraft are permitted;
* jet aircraft with maximum take-off weight of 34,000 kilograms or less, which
comply with International Civil Aviation Organization (ICAO) Chapter 3 noise
standards and with the "90-95 rule" (low noise jets), and propeller aircraft
with maximum take-off weight of '34,000 kilograms or less, are permitted
to operate during curfew hours.
* aircraft involved in emergencies, or otherwise granted dispensation by the
Secretary to the Department of Transport and Regional Services, are permitted
to operate during curfew hours;
* a maximum penalty of 45 penalty units for an offence under the Regulations,
which is the maximum permissible in regulations made under the Air Navigation Act 1920.
Further details of the Regulations appear in the Attachment.
It is intended that the Secretary to the Department of Transport and Regional Services would delegate the power to grant or revoke permits to use one or more of the annual quota movements for domestic passenger jet aircraft (Regulations 11 and 12), and the power to grant one or more of the weekly quota movements for freight jet aircraft (Regulation 15), to officers in the Department of Transport and Regional Services, who would oversee the administration of the Regulations.
The decision to introduce a curfew at Coolangatta Airport was made in response to fears by residents that late night aircraft movements would substantially increase after the leasing of the Airport to a private operator.
The proposed arrangements were designed to protect existing operations at the Airport but to restrict growth of night time aircraft movements under a private airport operator.
The proposed Regulations will commence upon gazettal.
Decisions of the Secretary to the Department of Transport and Regional Services under the Regulations are reviewable by the Administrative Appeals Tribunal.
A Regulation Impact Statement for the Regulations is attached.
ATTACHMENT
PART 1 - PRELIMINARY
Clause 1 - Name of regulations
The Regulations are given the name Air Navigation (Coolangatta Airport Curfew) Regulations 1999.
Clause 2 - Commencement
The Regulations will commence on gazettal.
Clause 3 - Object of regulations
This clause provides the outline of the intent of the Regulations, which is to minimise the impact of aircraft noise on the community surrounding Coolangatta Airport through the imposition of a curfew on aircraft movements.
Clause 4 - Simplified outline of regulations
This clause provides an overview of the purpose of each Part of the Regulations.
Clause 5 - Definitions
Terms used in the Regulations are defined in this clause.
Clause 6 - Time is legal time in Queensland
References to time in the Regulations are to be taken to mean legal time in Queensland.
PART 2 - THE CURFEW
This Part defines the curfew period for Coolangatta Airport and establishes the offence of an aircraft taking off, or landing, during that curfew period. It also outlines that an aircraft may land or take off during the curfew period if Part 3 of the regulations allows that movement.
Clause 7 - Curfew period
This clause outlines the hours of operation of the curfew period at Coolangatta Airport. The curfew period will start at 11 pm on a day and end at 6am on the next day.
Clause 8 - Prohibition on taking off or landing during curfew periods
The Regulations prohibit an aircraft taking off from, or landing at, Coolangatta Airport during the curfew period. The Regulations also provide for a fine not exceeding 45 penalty units if an operator of an aircraft is convicted of an offence under the Regulations.
An aircraft may be exempt from this prohibition if its particular movement is permitted under Part 3 of the regulations.
PART 3 - PERMITTED AIRCRAFT MOVEMENTS
This part allows certain aircraft movements during the curfew.
DIVISION 1 - Movements permitted during curfew periods
Clause 9 - Take-off when taxi clearance received, or taxiing for take-off commenced, before start of curfew period
An aircraft may take off during a curfew period if that aircraft receives taxi clearance for take-off from Air Traffic Control, or commenced taxiing for take-off, before 11pm on a day.
Clause 10 - Domestic passenger jet aircraft movements - annual quota
The Regulations provide for a maximum of 24 annual domestic passenger jet movements during the curfew period to cater for peak demand periods.
The provisions in this clause allow these quota movements to be used as follows:
* on a day when the legal time in Queensland is the same as the legal time in New South Wales, a domestic passenger jet aircraft may land at, or take off from, Coolangatta Airport between 11 pm and 11.45pm;
* on a day when Daylight Saving Time is in force in New South Wales, a domestic passenger jet aircraft may land at Coolangatta Airport between 11pm and 11.30pm, but may not take off from Coolangatta Airport.
Aircraft movements permitted under regulation 9, 16, 18, 19 or 20 will not be counted towards the number of domestic passenger jet movements permitted as part of the annual quota.
Clause 11 - Permits for domestic passenger jet aircraft movements
This clause provides that a domestic passenger jet aircraft operator may apply to the Secretary for permission to use one or more of the annual quota of domestic passenger jet aircraft movements, and provides for the Secretary to grant permission for such use. An operator may apply for permission even if all permits have been granted for that year. A permit granted may only be used in the year for which it is granted.
Clause 12 - Revocation of permit
This clause provides that the Secretary may revoke a permit granted to an operator, after giving notice to the operator, if another operator applies for a permit after all permits available for a year have been granted. In essence, this will enable the Secretary, after consultation with the first operator, to consider whether there may be surplus permits available that could be made available to the second operator. An operator may also ask the Secretary to revoke a permit granted to that operator.
Clause 13 - Notification to the Secretary
This clause makes it an offence for an operator using a quota movement under regulation 10 to fail to notify the Secretary in writing within 7 days of the movement outlining the following details:
* the purpose of the movement;
* the date and time of the movement;
* the type of aircraft;
* the origin or destination of the aircraft; and
* the runway used.
This clause outlines a maximum penalty of 10 penalty units for failing to provide the above information to the Secretary.
Clause 14 - Freight jet aircraft movements - weekly quota
This clause provides the definition of a freight jet aircraft and provides that four freight jet aircraft movements are permitted during the curfew periods each week.
Clause 15 - Permits for freight jet aircraft movements
This clause provides that a freight aircraft operator may apply to the Secretary for permission to use one or more of the weekly quota of freight jet aircraft movements, and provides for the Secretary to grant permission for a specified period of time.
Clause 16 - Other jet aircraft movements
This clause grants certain types of jet aircraft exemption from the curfew. An aircraft is exempt under this provision if.
* the aircraft has a maximum take-off weight that does not exceed 34,000 kilograms; and
* the aircraft complies with the maximum noise levels specified in Chapter 3 of the Annex that are applicable to the maximum take-off weight of the aircraft; and
* the aircraft complies with the 90-95 noise level rule.
Clause 17 - Propeller-driven aircraft movements
Propeller-driven aircraft with a maximum take-off weight not exceeding 34,000 kilograms may land at, or take off from, Coolangatta Airport during a curfew period.
DIVISION 2 - Use of Coolangatta Airport as an Alternate Airport
Clause 18 - Use of Coolangatta Airport as an Alternate Airport by international aircraft
This clause provides that an aircraft engaged in an international air service may land at, and take off from, Coolangatta Airport during the curfew period if that aircraft is diverted to Coolangatta Airport as an Alternate Airport to that originally designated for the aircraft.
Clause 19 - Use of Coolangatta Airport as an Alternate Airport by domestic aircraft
This clause provides that an aircraft engaged in a domestic air service may land at, but not take off from, Coolangatta Airport during the curfew period if that aircraft is diverted to Coolangatta Airport as an Alternate Airport to that originally designated for the aircraft.
DIVISION 3 - Emergencies and dispensations
Clause 20 - Aircraft may take off or land in emergencies or if Secretary grants dispensation
This clause provides that an aircraft may take off from, or land at, Coolangatta Airport during the curfew period if it is involved in an emergency or if a dispensation is granted by the Secretary for the take-off or landing. The clause also sets out circumstances that constitute an aircraft's involvement in an emergency.
Clause 21 - Secretary may grant dispensations
This clause outlines information relating to the applying for, granting of and information about dispensations from the curfew at Coolangatta Airport. The clause permits operators to apply to the Secretary for a dispensation from the curfew in exceptional circumstances.
This clause also provides the Secretary with the power to grant one-off dispensations (relating to one take-off or one landing of an aircraft only) to aircraft in exceptional circumstances and allows the Secretary to grant that dispensation subject to conditions including, for example, when the take-off or landing must occur.
Detailed guidance on what constitutes exceptional circumstances will be set out in guidelines to be developed by the Department of Transport and Regional Services and made available to aircraft operators.
A dispensation from the Secretary need not be in writing, but a written record of a dispensation and the reasons for granting it must be made and kept.
PART 4 - PROVISION OF INFORMATION
This part contains provisions about providing information to the Secretary.
Clause 22 - Provision of information to the Secretary
This clause provides the Secretary with the power to request information, by written notice, in relation to the operation of an aircraft. The power of the Secretary is limited to requesting information in relation to the noise level of an aircraft and information relevant to determining whether an aircraft was involved in an emergency.
The information request power in this clause is contained in the Regulations since it is relevant only in the context of the Secretary considering whether or not a particular aircraft operation is permitted under the Regulations. The clause limits the power of the Secretary to request information as indicated above and has no broader application to other matters contained in the Regulations or the Act.
It is an offence for an operator to knowingly or recklessly fail to comply with a notice issued by the Secretary. A penalty of 10 penalty units applies to this offence.
Clause 23 - Provision of false information
It is an offence for an operator to knowingly or recklessly give false or misleading information to the Secretary. A penalty of 10 penalty units applies to this offence.
PART 5 - MISCELLANEOUS
This part contains provisions relating to review of decisions and delegation.
Clause 24 - Review of decisions
This clause provides for review by the Administrative Appeals Tribunal of a decision by the Secretary:
to grant, refuse to grantor revoke a domestic passenger jet aircraft movement permission; or to grant, or refuse to grant a freight jet aircraft movement permission.
Clause 25 - Delegation
This clause gives the Secretary the power to delegate, in writing, any of his or her powers under the Regulations to an officer of the Department. The power of delegation is not limited to Senior Executive Service (SES) officers of the Department since established administrative arrangements for considering and deciding requests for curfew dispensations at other airports include specified non-SES officers. It is anticipated that the existing administrative arrangements will be extended to include Coolangatta Airport.
REGULATION IMPACT STATEMENT
AIR NAVIGATION (COOLANGATTA AIRPORT CURFEW) REGULATIONS 1999
Problem identification
Aircraft noise is a very sensitive environmental issue around Australia's major airports. In response to growing concerns by residents living in the vicinity of some of the airports, curfew measures have been put in place to address community fears that night time air traffic may continue to grow unchecked.
In January 1998, immediately prior to the bidding process for the sale of the lease for Coolangatta Airport, the Government announced its intention to formally introduce a curfew at Coolangatta Airport. This decision was made in response to fears by residents that late night aircraft movements would substantially increase after the leasing of the Airport to a private operator.
Pending formal implementation of curfew arrangements, Coolangatta Airport has since early 1998 operated under an agreed informal curfew, implemented through administrative means and with the concurrence of aircraft operators using the airport. The informal arrangements were based on the arrangements proposed to be formally implemented subject to consultation with relevant organisations and community agencies. The proposed arrangements were designed essentially to reflect, and therefore protect, existing operations at the Airport but to restrict growth of night time aircraft movements under a private airport operator. The informal arrangements include a ban on large passenger jet aircraft movements between 11 pm and 6am, except for a limited number to be permitted on a "quota" basis to cater for annual peak demand periods, a limited number of overnight freight jet aircraft movements and continuation of the existing propeller driven small freight aircraft operations that reflect current overnight freight operations (essentially newspaper delivery aircraft). Qantas and Ansett, as the major operators of passenger jet aircraft at Coolangatta, and the freight aircraft operators agreed to abide by the spirit of the intended curfew arrangements pending their formal introduction. By and large, aircraft operators have adhered to the informal curfew arrangements while formal arrangements were being developed.
After consultation with a range of affected organisations and agencies, and consideration of issues and options, the Government decided in May 1999 that the most effective means of implementing the curfew was through regulations that included penalty provisions for breaches of the curfew.
The Commonwealth does not currently have regulatory powers to enforce a curfew at Coolangatta Airport and take action against aircraft operators who breach the curfew arrangements. The regulations proposed in this Regulation Impact Statement give effect to the Government's decision to implement a curfew at Coolangatta Airport through regulations to ensure that the operation of the airport does not unduly impose on residents surrounding the airport and living under the flight paths.
The only airport in Australia with a curfew established in law is at Sydney Kingsford Smith Airport. The Sydney community is highly sensitised to aircraft noise and the curfew is effective in restricting overnight aircraft movements, thereby minimising aircraft noise on residents surrounding the Airport during the sensitive night time hours. While the level of aircraft activity at Coolangatta Airport is considerably less than at Sydney, the community around Coolangatta Airport is also highly sensitised to aircraft noise and regulatory curfew arrangements with penalty provisions are considered to be the most effective means of minimising night-time aircraft noise.
Objective
* To minimise the impact of aircraft noise on the community surrounding Coolangatta Airport through the imposition of a curfew and related restrictions on certain aircraft movements at the airport between 11pm and 6am.
Options
Continuation of the current curfew arrangements
The current informal administrative curfew arrangements were put in place pending consideration of options for and implementation of formal arrangements. Continued use of the current administrative arrangements at Coolangatta Airport does not provide the level of certainty that residents living under the flight paths are seeking, particularly in relation to enforcement and penalties. Under the informal arrangements, aircraft operators who breach the curfew cannot have formal action taken against them that may assist in preventing further breaches in the future.
A lack of enforceable action on this matter would lead to a continuation of the build up of tension between the community, the airport operator and the Government regarding aircraft noise emanating from the airport site.
Self-regulation
Aircraft operators have generally adhered to the informal curfew arrangements in use and could be expected to continue to do so if these arrangements were to continue. However, as indicated above, self-regulation or a voluntary code of practice in relation to curfew arrangements without formal enforcement or penalty provisions would not satisfy community concerns on this issue. Similarly, selfregulation without firm enforcement provisions could lead to "creeping" by aircraft operators towards more favourable arrangements from which it may be difficult to retreat in the future.
Establishing new regulations
New regulations could be introduced under the Air Navigation Act 1920 to implement curfew arrangements acceptable to the industry but which also provide certainty for the community. As indicated earlier, the proposed arrangements were designed to reflect and protect existing operations at Coolangatta Airport but to limit future growth in overnight aircraft operations.
The proposed regulations will provide as follows:
* a curfew to apply at Coolangatta Airport between the hours of 11.00pm and 6.00am, (local time), except where the Regulations otherwise permit (as set out below);
* an annual quota of 24 passenger jet movements during curfew hours to cater for peak demand periods such as school holidays, Easter and Christmas periods and special events
- these quota flights will be permitted between 11.00pm and 11.45pm Eastern Standard Time, or between 11.00pm and 11.30pm EST when Daylight Saving Time is in force in New South Wales, except that departures will not be allowed after 11.00pm EST during Daylight Saving Time in NSW;
- to ensure equitable allocation of these movements to domestic passenger jet aircraft operators, application is to be made to the Secretary for permission to use one or more of these movements during all or part of a quota year;
- the airlines are to notify the Secretary in writing of details of each quota movement as soon as practicable after each occurrence, including purpose of movement, date and time of movement and runway used;
* a total of four freight jet aircraft movements per week during curfew hours by BAe 146 aircraft
- to ensure equitable allocation of these movements to freight jet aircraft operators, application is to be made to the Secretary for permission to use one or more of these movements;
* jet aircraft with maximum take-off weight of 34,000 kilograms or less, which comply with ICAO Chapter 3 noise standards and with the "90-95 rule" (low noise jets), are permitted to operate during curfew hours;
* propeller aircraft with maximum take-off weight of 34,000 kilograms or less are permitted to operate during curfew hours;
* aircraft involved in emergencies are permitted to operate during curfew hours;
* prior application is to be made to the Secretary for curfew dispensation for any aircraft operation that falls outside the above provisions.
Assessment of Impacts
Impact Group identification
Groups affected by the proposed regulations were identified as aircraft operators, the airport operator, aviation regulatory bodies in Australia, residents of the Gold Coast and Tweed shires in the vicinity of the Airport, local Government authorities around the
Airport and tourism and business interests in the region. These groups were identified as being represented by:
- Ansett Airlines
- Qantas Airways
- General aviation operators at Coolangatta Airport
- Gold Coast Airport Limited
- Civil Aviation Safety Authority
- Airservices Australia
- the general public affected by aircraft noise emanating from Coolangatta Airport
- Gold Coast City Council
- Tweed Shire Council
- tourism and business representative groups in the region.
Assessment of benefit
The imposition of a regulatory curfew at Coolangatta Airport will minimise aircraft noise around the Airport during the noise-sensitive night time hours, and provide the community around the Airport with a high degree of certainty that noise associated with airport operations will be restricted to certain hours. As well, the use of regulations will ensure that aircraft operators who breach the curfew provisions are subject to appropriate sanctions through the imposition of penalties.
Assessment of Costs - Government
The proposed regulations will impose minimal costs for Government through the administration of the regulations. Given that there is currently only one freight jet operator conducting two movements per week at Coolangatta Airport, and two operators of domestic passenger jet aircraft, little cost will be involved in considering applications for permission to use the quota of freight or passenger jet movements. Permissions are likely to be granted, for example, on an annual basis. If an alleged breach of the curfew should occur, the Department would, as a first step, seek information from the airline company as to the circumstances of the aircraft operation and from Airservices Australia which is responsible for air traffic management.
Assessment of Costs - Consumers
As stated earlier, the proposed regulations reflect current operating arrangements at Coolangatta Airport. Ansett and Qantas do not currently schedule passenger jet aircraft movements into or out of Coolangatta Airport during the curfew hours, except for a limited number during high demand periods for which provision is made in the proposed regulations. As well, there are currently only two freight jet aircraft movements per week. The quota of four provided for in the proposed regulations allows for an alternative operator who may also wish to introduce such services. The large majority of overnight freight aircraft movements are carried out by small propeller driven aircraft which are permitted to operate under the Regulations. There are very few private aircraft movements during the curfew hours, but these would almost invariably be in aircraft of less than 34,000 kgs maximum take-off weight, most of which are permitted to operate under the Regulations.
On this basis, introduction of the proposed regulatory curfew should impose no direct costs on the airlines, the airport operator or the travelling public. The only direct cost that may arise is from the imposition of penalties for breaches of the curfew. The proposed regulations provide for a fine not exceeding 45 penalty units if an aircraft operator is convicted of an offence under the regulations. This represents the maximum fine allowable in regulations made under the Air Navigation Act 1920.
Restrictions on competition
As set out above, introduction of a regulatory curfew should have minimal effect on competition at this time as the proposed curfew arrangements reflect current operations at Coolangatta Airport. Introduction of a regulatory curfew will restrict the airport operator's ability to "grow" the Airport's operation during the night time hours in the future, although it should be noted that the Government's intention to introduce a curfew at Coolangatta Airport was announced prior to the sale of the airport lease.
The Airport's major direct competitor is Brisbane Airport which is not subject to curfew restrictions. However, a curfew at Coolangatta Airport would have negligible impact at Brisbane at this time since no aircraft movements are being displaced from Coolangatta by the curfew.
Effects on small business
There should be no direct effect on small business through the introduction of a regulatory curfew.
Effects on trade
There should be no effect on trade through the introduction of a regulatory curfew.
Conclusion
Given the community concerns about a possible future increase in night time aircraft operations and aircraft noise in general around Coolangatta Airport, it is considered that the most effective mechanism to implement curfew arrangements is for regulations to be introduced under the Air Navigation Act 1920.
As described above, the proposed regulations will make it an offence for certain aircraft to land at or take-off from Coolangatta Airport between the hours of 11pm. and 6am. Where an operator is found to have breached the regulations, they provide for financial sanctions through the legal process.
Consultation
Consultation was undertaken with key stakeholders involved with the airport, aircraft operators, the aviation industry, aviation regulatory bodies and the community. Key stakeholder representatives were identified as:
- Ansett Airlines
- Qantas Airways
- General aviation operators through a representative on the Coolangatta Airport Environment Committee
- Gold Coast Airport Limited
- Civil Aviation Safety Authority
- Airservices Australia
- community representatives on the Coolangatta Airport Environment Committee
- Gold Coast City Council
- Tweed Shire Council.
On 19 January 1998 the then Minister for Transport and Regional Development publicly announced the curfew proposal through a media release. On 20 January 1998 all key industry stakeholders were formally advised by letter of the proposed curfew arrangements, and advised that in accordance with usual practice, regular consultation on the proposal would occur through the Coolangatta Airport Environment Committee (AEC). The AEC membership includes representatives of all key stakeholders.
Details of the curfew were presented to the AEC at a meeting on 5 February 1998. The proposed arrangements were discussed at length at the AEC's meeting on 10 July 199 8 and the Committee's views on a range of issues were subsequently put to the Minister for Transport and Regional Services for consideration in deciding the final form of the curfew arrangements. The proposed curfew arrangements were also put before the Coolangatta Airport Consultative Committee which includes Queensland and NSW Government, local Government and local tourism representatives.
After considering the curfew proposal and consultation comments, the Minister for Transport and Regional Services agreed in May 1999 to introduce regulations to implement the curfew. The proposal was publicly announced by the two local Federal Members of Parliament on 14 May 1999.
Stakeholders, and their views, can be grouped into a few distinct groups as follows:
The airport operator (Gold Coast Airport Limited)
* In early consultations, the airport operator indicated acceptance of the proposed curfew arrangements, noting the expectation that these would be introduced through administrative arrangements. Subsequently, in commenting on the draft regulations, the airport operator expressed concern about potential future restrictions on business opportunities arising from the less flexible regulatory arrangement proposed. In discussions, it was noted that there were no immediate or foreseeable restrictions arising out of the regulations. Should circumstances change in the future, it is open to the airport operator to make a case for the regulations to be varied.
The airlines and aircraft operators
* Both Ansett and Qantas accept the need for curfew arrangements as a means of addressing community concerns about aircraft noise. Both airlines support the proposed regulatory arrangements on the basis that the conditions reflect existing operating arrangements and allow a degree of flexibility for peak demand periods for both passengers and freight. Similarly, freight aircraft operators support the proposed arrangements as they reflect existing freight jet and propeller aircraft arrangements.
Regulatory agencies
* Airservices Australia and the Civil Aviation Safety Authority support the terms of the regulations. In particular, no safety implications arise from the proposed curfew arrangements.
The community
* The community around Coolangatta Airport was consulted through community representatives' participation on the AEC. The community strongly supports the introduction of curfew arrangements to limit aircraft noise during the noise-sensitive night time hours. In consultations through the AEC, the community representatives sought very restrictive provisions which would have gone beyond the intention of introducing arrangements that were no more restrictive than current operating practices. These included restrictions on small propeller freight aircraft, annual limitations on other small private aircraft and penalty provisions for breaches. The proposed regulations provide a balance between the needs of the industry and the environmental impact, and introduce enforceable penalty provisions that would not have been practicable under administrative curfew arrangements.
Local Government
* Both the Gold Coast City Council and the Tweed Shire Council are represented on the AEC and support the introduction of curfew arrangements. Gold Coast City Council subsequently expressed concern about the possible broader economic impacts on the area from introducing a less flexible regulatory, as opposed to administrative, curfew. However, no evidence of any significant adverse economic impacts has been put forward. It should be noted that the proposed curfew arrangements do not affect existing operations of Coolangatta Airport and any potential future impact would only be on certain night time aircraft movements.
Tourism and business interests
* Several local tourism and business representative groups raised concerns about the potential future economic impacts arising from the proposed curfew arrangements. Again, however, no evidence of any significant adverse economic impacts has been put forward and restrictions on certain night time aircraft movements would be unlikely to have a significant effect on the economy of the region.
Conclusion and recommended option
Recommendation: The recommended option is for Regulations to be introduced under the Air Navigation Act 1920.
Introduction of the curfew through regulations under the Air Navigation Act 1920 is considered to be the most effective mechanism for implementing curfew arrangements that adequately address community concerns regarding the operation of aircraft from Coolangatta Airport during the night time hours.
Implementation and review
Implementation
It is intended that the Secretary to the Department of Transport and Regional Services would delegate to officers in that Department:
- the power to allocate freight jet quota movements (Regulation 13);
- the power to grant curfew dispensations (Regulation 20);
- the power to request information (Regulation 2 1).
Officers in the Department would oversee the administration of the Regulations.
Sunset Clause
There is no sunset clause included in these Regulations.
On-going consultation, Regular review and Public reporting
Ongoing consultation as necessary will be conducted through the Coolangatta Airport Environment and Consultative Committees, which include representatives of all key stakeholders. In particular, the Airport Environment Committee, which meets at least quarterly, includes 10 community representatives from areas affected by aircraft operations. Curfew monitoring reports will be provided to the Committee to enable public scrutiny and review of the operation of the curfew arrangements. Should a need be identified in the future to formally review the regulatory arrangements, a formal consultation process will be carried out to obtain the views of all stakeholders.