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AIR NAVIGATION (ESSENDON AIRPORT) REGULATIONS 2001 2001 NO. 125
EXPLANATORY STATEMENTStatutory Rules 2001 No. 125
Issued by the authority of the Minister for Transport and Regional Services
Air Navigation Act 1920
Air Navigation (Essendon Airport) Regulations 2001
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 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."
The purpose of the Regulations is to:
• ensure the impact of aircraft noise on the community surrounding Essendon Airport continues to be minimised through restrictions on certain aircraft operations at all times, as well as through the imposition of a curfew between 11 pm and 6 am; and
• Make clear what will be expected of any future operator of the airport, therefore giving potential bidders more certainty on the operational parameters of the airport.
At present, the Essendon Airport Limited (EAL), a wholly owned Federal Government body, is responsible for the management of Essendon Airport. In order to minimise the impacts of aircraft noise on the community surrounding the airport, administrative arrangements have been in place for several years including a curfew and a ban on aircraft with a Maximum Take Off Weight (MTOW) of 45,000 kg or more. The curfew prohibits aircraft, with some exceptions, from landing at or taking off from Essendon Airport between the hours of 11 pm and 6 am and also prohibits the use of Essendon Airport as a planned alternate.
On 31 October, the Federal Government announced that it would sell it's shares in the Corporation. To ensure the interests of the local residents continue to be protected and give certainty to tenderers, the Government also announced that as part of it's plan to sell, it would put the administrative arrangements into legislation.
Key features of the Regulations are:
• aircraft with an MTOW over 45,000 kg are banned from operating at Essendon Airport at all times unless granted a dispensation in exceptional circumstances by the Secretary to the Department;
• a curfew on aircraft operating at Essendon Airport is imposed from 11 pm until 6 am, except for aircraft are:
> propeller-driven aircraft with a maximum take-off weight (MTOW) not exceeding 8,618 kilograms, unless the specific aircraft or aircraft type is included in the Prohibited Aircraft Schedule;
> propeller-driven aircraft with a MTOW exceeding 8,618 kilograms that have noise emissions which do not exceed 90 EPNdB on take-off and 95 EPNdB on approach;
> helicopters that comply with the relevant maximum noise levels contained in Chapter 8 or 11 of Annex 16, Vol 1;
> an aircraft involved in an emergency, police airwing operation or granted a dispensation in exceptional circumstances by the Secretary to the Department;
• Essendon Airport is not available for use as a planned alternate airport; and
• all operators of aircraft to or from Essendon Airport during curfew hours are required to lodge a flight plan with Airservices Australia.
The Regulations commenced on gazettal.
The Regulation Impact Statement is attached.
Further details of the Regulations appear in the Attachment.
ATTACHMENT
Clause 1: Name of Regulations
The name of the regulations is the Air Navigation (Essendon Airport) Regulations 2001.
Clause 2: Commencement
The regulations commenced on gazettal.
Clause 3: Object of Regulations
The object of the regulations is to minimise the impact of aircraft noise on the community surrounding Essendon Airport through the imposition of a curfew between 11 pm and 6am. and restrictions on certain aircraft operations at all times.
Clause 4: Simplified Outline
This clause provides a simplified outline of the Regulations
Clause 5: Definitions
This clause provides definitions for a number of terms.
Clause 6: Maximum take-off weight
This clause makes it an offence for an aircraft with a maximum take-off weight of 45 000 kilograms or more to take off or land at Essendon Airport unless authorised under Division 4.2.
Clause 7: Curfew Period
This clause stipulates that the curfew period starts at 11 pm on one day and ends at 6 am- the next day.
Clause 8: Prohibitions on taking off or landing during curfew periods
This clause makes it an offence for an aircraft to take off or land at Essendon Airport during the curfew period unless permitted to do so under Part 4.
Clause 9: Alternate airport
This clause makes it an offence for a flight plan to list Essendon Airport as an alternate airport. An alternate airport is defined in the Civil Aviation Regulations 1988 as an airport specified in the flight plan to which a flight may proceed when it becomes inadvisable to land at the airport of intended landing
Clause 10: Flight plans
This clause makes it an offence for the operator of an aircraft to take-off from or land at Essendon Airport during the curfew period if a flight plan has not been lodged with Airservices Australia, unless the aircraft is involved in an emergency or has been authorised under regulation 15.
Clause 11: Take-off when taxi clearance received, or taxiing for take-off commenced, before start of curfew period
This clause permits an aircraft to take off during a curfew period if the aircraft received taxi clearance for the take-off before the start of the curfew period or, where an Air Traffic Control service is not available, if the aircraft began taxiing for take-off before the start of the curfew period.
Clause 12: Propellor-Driven Aircraft
This clause permits propeller-driven aircraft to land at or take off from Essendon Airport during a curfew period if the aircraft:
• has a maximum take-off weight that does not exceed 8,618 kg and the aircraft is not listed in Schedule 1; or
• has a maximum take-off weight that does exceed 8,618 kg and the aircraft's noise emission levels do not exceed 90 EPNdB on take off and 95 EPNdB on landing.
Clause 13: Helicopters
This clause permits a helicopter to take off from or land at Essendon Airport during a curfew period if the helicopter complies with minimum noise levels specified in Chapter 8 or 11 of Annex 16.
Clause 14: Aircraft may take-off or land in certain circumstances even if otherwise prohibited
This clause permits an aircraft to take off from or land at Essendon Airport if the aircraft is involved in an emergency or resuming a flight after an emergency, involved in Police Airwing operations or if granted a dispensation by the Secretary. The clause also describes what an emergency is for the purpose of these regulations.
Clause 15: Secretary may grant dispensations
This clause permits the Secretary to grant dispensations from regulation 6 or 8 in exceptional circumstances and may include conditions. Curfew dispensation must relate to a single take-off or landing.
Clause 16: Provision of Information to the Secretary
This clause permits the Secretary to give a notice requiring an operator to give the Secretary information relating to the noise level of an aircraft or information relevant to determining whether a take-off or landing of an aircraft was for an aircraft involved in an emergency. An operator must not knowingly or recklessly fail to comply with such a notice.
Clause 17: Review of Decisions
This clause permits a decision by the Secretary under regulation 13 to be reviewed by the Administrative Appeals Tribunal.
Clause 18: Delegation
This clause permits the Secretary to delegate in writing any of his or her powers under these Regulations (other than this power of delegation) to an employee of the Department.
Schedule 1: Aircraft not automatically exempted from curfew restrictions.
The Schedule will initially not include any aircraft. An aircraft or aircraft type may be added by regulatory amendment to the Schedule if it is the subject of noise complaints and its operator is unable to demonstrate that the aircraft meets the relevant standards in Chapter 6 or 10 of Annex 16.
REGULATION IMPACT STATEMENT
AIR NAVIGATION (ESSENDON AIRPORT) REGULATIONS 2001
1. ISSUE IDENTIFICATION
Background
For many years, non-legislative operational restrictions have existed at Essendon Airport in order to minimise the adverse effects of aircraft noise on the community surrounding the airport.
Essendon Airport is a general aviation airport that provides:
• Airport services and facilities to corporate and business aircraft;
• A facility for small to medium freight operations;
• A base for services to regional Victoria;
• A base for emergency service providers such as the Air Ambulance Service and Police Airwing;
• An advanced training base for domestic and international aviation training organisations; and
• A base for charter operations. The airport does not provide regular passenger transport operations.
Government Decision to Introduce Regulations
On 31 October 2000, a joint announcement was made by the Minister for Finance and Administration, the Hon John Fahey MP, and the Minister for Transport and Regional Services, the Hon John Anderson MP, outlining the Federal Government's intention to sell shares in Essendon Airport. The sale is expected to be completed by 30 June 2001. The announcement also outlined the decision to formalise existing administrative operational guidelines through regulation.
Simply retaining the administrative arrangements without introducing regulations to enable them to be enforced is therefore not an option. While administrative arrangements at Essendon Airport have generally proved adequate to date, the Commonwealth Government believes that the interests of local residents as well as the integrity of the sale process will best be protected through regulatory arrangements.
Issues
The administrative arrangements include a curfew and a ban on aircraft with a MTOW1 of 45,000 kg or more. The latter, which is designed to limit operations to the quieter business jet aircraft, is implemented through agreement between the Airport and the aviation industry.
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1 MTOW is the maximum take-off weight of an aircraft set out in the aircraft's flight manual
The Curfew is imposed through the noise abatement procedures contained in the Departure and Approach Procedures (DAPS) produced by Airservices Australia. The curfew prohibits aircraft, with some exceptions, from landing at or taking off from Essendon Airport between the hours of 11 pm and 6am and also prohibits the use of Essendon Airport as a planned alternate 2. The following aircraft are currently permitted to land at or take off from Essendon Airport during the curfew:
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2 alternate airport means an airport specified in the flight plan to which a flight may proceed when it becomes inadvisable to land at the airport of intended landing (Civil Aviation Regulations 1988)
• aircraft involved in situations such as medical emergencies, mercy flights, search and rescue operations and natural disasters;
• propeller-driven aircraft with a MTOW exceeding 9,000kg that do not exceed 90 EPNdB 3 on take-off and 95 EPNdB on approach;
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3 EPNbD is the effective perceived noise level in decibels as described in ICAO Annex 16 Appendix 1
• propeller-driven aircraft with a MTOW not exceeding 9,000kg that comply with the noise standards contained in Chapter 6 or 10 of the International Civil Aviation Organisation (ICAO) Annex 16, Vol 1 to the Chicago Convention concluded on 7 December 1944 (Annex 16);
• helicopters that comply with the standards in respect of noise expressed in Chapter 8 of Annex 16; and
• aircraft given a dispensation in exceptional circumstances.
Under the DAPS, operations by propeller-driven aircraft with a MTOW of less than 9,000kg that do not meet ICAO Annex 16 Chapter 6 or 10 standards are not permitted. Many of these types of aircraft, however, are exempt under the Air Navigation (Aircraft Noise) Regulations (Noise Regulations) from meeting these standards because of the grandfather provisions contained in the Noise Regulations. These provisions exempt propeller-driven aircraft that were on the Australian register before 6 December 1990 from requiring a noise certificate. On the basis of the exemption provisions of the Noise Regulations, current practice has been to permit curfew operations by many of these aircraft, notwithstanding the DAPS. In the 12 months from 1 July 1999 to 30 June 2000, there were 246 aircraft with no formal noise status that operated during the curfew at Essendon Airport. For these aircraft to comply strictly with the DAPS, individual noise assessments for each aircraft would be required, which is likely to cost between $500 and $12,000 per aircraft. Thus this could cost the aviation industry in excess of a million dollars.
The 9,000kg referred to above was based on standards that were contained in ICAO Annex 16 at the time the curfew was imposed (through the DAPS). However, although ICAO recently changed from using 9,000 kg to 8,618kg for this cut-off point, this has not been reflected in the DAPS.
Currently, there is no mechanism for monitoring the curfew at Essendon Airport. At the other three airports that have a curfew imposed, Airservices monitor curfew movements through The Australian Advanced Air Traffic System (TAAATS) system, which requires all aircraft to lodge flight plans. Aircraft operating from or to Essendon Airport through uncontrolled airspace are not required to lodge a flight plan, although most do during curfew in order to get higher priority from Melbourne Airport ATC for departure/landing at Essendon Airport.
2. DESIRED OBJECTIVES
The desired objective is to seek to:
• ensure the impact of aircraft noise on the community surrounding Essendon Airport continues to be minimised through restrictions on certain aircraft operations at all times, as well as through the imposition of a curfew between 11 pm and 6am; and
• Make clear what will be expected of any future operator of the airport, therefore giving potential bidders more certainty on the operational parameters of the airport.
3. IDENTIFICATION OF OPTIONS
MTOW Cut-off for Light Aircraft during Curfew
Option A1 - Continue to use 9,000 kg.
Under this option the proposed regulations would reflect the DAPS curfew cut-off for propeller driven aircraft of 9,000 kg. This would ensure that there is no change to existing arrangements in this regard, but leave the proposed regulations inconsistent with international standards. Because of our international obligations to comply with ICAO standards, this option is not considered further.
Option A2 - Use 8,618 kg.
Under this option the proposed regulations would adopt the new standards used by ICAO of 8,618 kg as the cut-off for propeller driven aircraft of 9,000 kg. This would ensure that the proposed regulations would be consistent with international standards and is therefore the only option to pursue.
Noise Requirements for Aircraft under the MTOW Cut-off
Option B1 - Current Practice.
Under this option the proposed regulations would permit all propeller driven aircraft with a MTOW under the cut-off weight to operate during the curfew provided they either:
• Meet the relevant noise requirements expressed in Chapter 6 or 10 of ICAO Annex 16; or
• Were registered under the Civil Aviation Regulations 1988 on or before 6 December 1990 and continue to be registered.
This would ensure that current practice continues, but still allows a few of the noisier propeller driven light aircraft, which are often the source of residents' complaints, to operate during the curfew.
Option B2 - DAPS Rules.
Under this option the proposed regulations would only permit propeller driven aircraft that have a noise certificate which meets the noise standards of ICAO Chapter 6 or 10 to operate during the curfew.
This would ensure that only the quieter propeller driven light aircraft are able to operate during the curfew. However, it would require many operators of "grandfathered" aircraft that are, in fact, able to meet noise standards, to obtain noise certificates if they wished to operate their aircraft during the curfew at Essendon Airport. It is anticipated that about 99% of the 246 aircraft in this category that operated during the curfew at Essendon Airport in 1999-2000 would meet the required noise standards. To obtain noise certificates for these aircraft could cost the aviation industry in excess of a million of dollars.
Option B3 - Prohibited Aircraft Schedule.
Under this option the proposed regulations would ban the operation of aircraft listed in the proposed regulations in the Prohibited Aircraft Schedule. All other propeller driven aircraft with a MTOW under the cut-off weight would be able to operate during the curfew. Aircraft would be added to the Schedule if they are the subject of noise complaints and they are subsequently found likely not to meet the relevant standards in Chapter 6 or 10 of Annex 16.
The aircraft operator would first be invited to show cause why the aircraft should not be banned. This would give the operator the opportunity to modify the aircraft and/or demonstrate that the aircraft does comply with the noise standards in the relevant Chapter of the ICAO Annex. If the operator is unable to comply with this, the Department of Transport and Regional Services (DoTRS) would initiate amendment of the regulations to add the aircraft to the Prohibited Aircraft Schedule. Aircraft could be removed from the Schedule if the operator can demonstrate that the aircraft now complies with the relevant noise standard.
This would ensure that there is a mechanism to enable aircraft operators to demonstrate that their aircraft will not create an undue noise nuisance, while protecting residents' environmental amenity.
Flight Plans
Option C1 - Current Practice.
Under this option the proposed regulations would continue to permit aircraft to land at and takeoff from Essendon Airport during curfew without lodging a flight plan if they were in controlled airspace.
This would mean that the legislated curfew could not be enforced, unless some labour intensive, manual system was put in place to record all curfew operations and distinguish permitted operations from any possible curfew breach.
Option C2 - Compulsory during Curfew.
Under this option the proposed regulations would require all aircraft arriving at or departing from Essendon Airport during the curfew to lodge a flight plan.
Currently most aircraft do lodge flight plans to ensure reasonable priority for their operation. If an aircraft operator wishes to operate during the curfew, it is not unrealistic to expect the operator to lodge a flight plan.
4. IMPACT ANALYSIS
Impact Group Identification
The groups that could be affected by the regulations were identified as the Commonwealth Government, Victorian and local Governments, aircraft operators who use Essendon Airport, potential purchasers of the Airport and the community surrounding the Airport.
Assessment of Benefit
There are two major identifiable benefits flowing from the creation of these regulations.
Firstly, by entrenching the curfew and other operational restrictions in the proposed regulations, the environmental amenity of the community surrounding the airport will be enhanced.
Secondly, the regulations make clear what will be expected of any future operator of the airport, therefore giving potential bidders more certainty on the operational parameters of the airport.
Assessment of Costs - Commonwealth Government
Noise requirements for aircraft under MTOW cut-off.
There should be no direct financial costs to the Commonwealth Government from Option B1, but the Government could continue to receive and process complaints from the community about the noisier aircraft operating during curfew. Under Option B2, the Commonwealth would be involved in testing and issuing noise certificates for aircraft that do not currently require them. Option B3, the Prohibited Aircraft Schedule, would add minor administrative costs, but this should be less than the cost of handling complaints and provide redress for consistently noisy aircraft.
Flight plans.
The costs of monitoring the curfew under Option C1 would be expected to fall mainly on the airport operator. This could reduce the sale price of the airport. The Commonwealth would be able to administer the curfew under Option C2 with little additional cost, while the airport operator would be free of administrative costs.
Assessment of Costs - Victorian and local Government
Noise requirements for aircraft under MTOW cut-off.
There should be no direct financial costs to the Victorian and local Governments from Option B 1, but the governments could continue to receive complaints from the community about the noisier aircraft operating during curfew with attendant administrative costs. Options B2 and B3 would be expected to have virtually no additional costs.
Flight plans.
There should be no direct financial costs to the Victorian and local Governments from either option.
Assessment of Costs - aircraft operators
Noise requirements for aircraft under MTOW cut-off.
There would be no direct financial costs to aircraft operators under Option B1, although any continued "bad publicity" from the few noisier aircraft operations during curfew could increase political pressure to make further restrictions on night operations at Essendon Airport. Option B2 would require hundreds of aircraft operators to undergo testing (with direct costs from repositioning the aircraft, operation costs during the testing and loss of use of the aircraft for that time) or forgo using the airport during curfew. Option B3 would have no direct costs on 99% of aircraft operators using Essendon Airport, but could, potentially, cause two or three operators to use alternative plans or modify their existing aircraft.
Flight plans.
There are no direct financial costs to aircraft operators under Option C1. Under Option C2, a few aircraft operators that do not currently lodge flight plans during curfew would be required to do so. This would impose no direct financial costs, but may add a slight administrative burden, although this could well be offset by the better priority that would then allocated by Air Traffic Control for the flight.
Assessment of Costs - airport purchasers
Noise requirements for aircraft under MTOW cut-off.
There should be no financial costs to potential purchasers of the airport from any of these alternatives. Although there may be a few less aircraft using the airport during curfew under Options B2 and B3, this should have negligible impact on airport revenue and the purchaser is likely to benefit from better community relations.
Flight plans.
Option C 1 would require the airport operator to introduce a manual system to monitor aircraft operations during the curfew, which could directly affect the price potential purchasers would be prepared to pay for the airport. Option C2 would have no direct costs to the airport operator.
Assessment of Costs - community
Noise requirements for aircraft under MTOW cut-off.
There should be no financial costs to the community from any of these alternatives. Option B 1 would continue permitting operations by aircraft that are the source of noise complaints from the surrounding community. Option B2 and B3 would enhance the environmental amenity of the community surrounding the airport.
Flight plans.
Neither alternative directly affects the surrounding community, although indirectly they may benefit from the ability to police the curfew that imposing a requirement for lodging flight plans during curfew will enable.
5. CONSULTATION
A consultation process was undertaken during the development of the draft regulations and comments received were taken into account prior to finalisation of the regulations. Organisations consulted included the Victorian Government, Moonee Valley Council, affected airports in the area, CASA, Airservices Australia and peak aviation industry bodies. A summary of the main points raise by respondents together with DoTRS comments are in Table 1.
Table 1 - Consultation Summary
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4 consistent with the Port Phillip Region Airport and Airspace Study - a joint Commonwealth/Victorian
State Government Study 1991
It is envisaged that once the new airport owner is in place, a consultative committee will be established. This has occurred at other leased Federal airports, as part of their Master Planning process. Draft Terms of Reference have been developed for this committee with the membership proposed to comprise representatives from the Airport Operator (Convenor), Commonwealth, State and local Governments, Airlines and Aviation Industry, Federal and State MPs and other bodies.
6. CONCLUSION AND RECOMMENDED OPTION
It is recommended that regulations be put in place under the Air Navigation Act 1920 using Options B3 and C2. In summary, the regulations will ban aircraft with an MTOW over 45,000 kg from operating at Essendon Airport at all times and impose a curfew on aircraft operating at Essendon Airport from 11 pm until 6 am, except as follows:
• propeller-driven aircraft with a maximum take-off weight (MTOW) not exceeding 8,618 kilograms, unless the specific aircraft or aircraft type has been included in a Prohibited Aircraft Schedule;
• propeller-driven aircraft with a MTOW exceeding 8,618 kilograms that have noise emissions which do not exceed 90 EPNdB on take-off and 95 EPNdB on approach;
• helicopters that comply with the relevant maximum noise levels contained in Chapter 8 or 11 of Annex 16, Vol 1; and
• an aircraft involved in an emergency, police airwing operation or granted a dispensation in exceptional circumstances by the Secretary of the Department.
It is also recommended that:
• specific aircraft or aircraft types be added to or deleted from the Prohibited Aircraft Schedule through regulatory amendment;
• Essendon Airport not be available for use as a planned alternate airport; and
• all operators of aircraft to or from Essendon Airport during curfew hours are required to lodge a flight plan with Airservices Australia.
7. IMPLEMENTATION AND REVIEW
Implementation
The regulations will commence on gazettal.
On-going Consultation and Review
DoTRS has regular, formal contacts with major stakeholders, including airports, local communities, aviation industry and aviation agencies on aircraft environment matters and will be represented on the proposed consultative committee. Those contacts will also facilitate ongoing consultation on the operation of the new regulations. Should a need be identified to review the regulations, a formal consultation process will be undertaken to obtain the views of stakeholders, prior to any amendment.
The proposed consultative committee will provide the forum for ongoing consultation and exchange of views and information on aviation related issues.