Commonwealth Numbered Regulations - Explanatory Statements

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AIR NAVIGATION (AERODROME CURFEW) REGULATIONS (AMENDMENT) 1995 NO. 78

STATUTORY RULES 1995 No. 78

Issued by the Authority of the Minister for Transport

Air Navigation Act 1920

Air Navigation (Aerodrome Curfew) Regulations (Amendment)

Subsection 26(1) of the Air Navigation Act 1920 (the Act) provides that the GovernorGeneral may make regulations for the purposes of the Act.

Paragraph 26(2)(e) of the Act provides that the power to make regulations includes the power to make regulations for or in relation to the establishment, maintenance and operation of aerodromes.

The Air Navigation (Aerodrome Curfew) Regulations (the Regulations) provide for curfew arrangements at Sydney (Kingsford Smith) Airport (the Aerodrome), to apply between 11 PM each night and 6am the following morning. The arrangements are intended to reduce night-time noise over suburbs on the approaches to, and surrounding, the Aerodrome. The Regulations, which have been in operation since December 1989, give legislative effect to administrative arrangements that had been in place since October 1988.

The amending regulations amend the Regulations to:

•       require existing night freight operators to use quieter BAe-146 aircraft in the short to medium term; and

•       prohibit all operations during the curfew, other than certain international flights and emergencies, once the airport at Badgerys Creek is able to be used for night aircraft movements.

Details of the regulations; are as follows:

Regulation 1 - Amendment

Regulation 1 provides that the Regulations are amended as set out in these Regulations.

Regulation 2 - Regulation 3 (Interpretation)

Regulation 2 amends subregulation 3(1) of the Regulations by inserting a new definition of "maximum take-off weight". This expression is used in proposed new subregulation 6A(1B).

Regulation 3 - Regulation 6 (Curfew)

Regulation 3 replaces subregulations 6(9) and (9A) of the Regulations.

Previously, subregulation 6(9) of the Regulations exempted from the curfew a specified number and type of weekly freight operations by Qantas Airways Limited, Ansett Transport Industries Limited, Mayne Nickless Limited and National Jet Systems Pty Ltd. The amendment reduces and reallocates weekly freight movements by:

•       removing Qantas' allocation of 9 weekly movements using A300 aircraft; preserving Ansett's allocation of 28 weekly movements using BAe-146 aircraft;

•       preserving Mayne Nickless' allocation of 12 weekly movements using hushkitted DC9 aircraft until 31 October 1995, after which the DC9 movements will be phased out in two stages. From 1 November 1995 to 30 April 1996 Mayne Nickless will be entitled to 6 weekly movements using hushkitted DC9 aircraft and 9 weekly movements using BAe-146 aircraft. From 1 May 1996 Mayne Nickless will be entitled to 18 weekly movements using BAe-146 aircraft; and

•       enabling National Jet Systems, to operate up to 28 weekly movements using BAe-146 aircraft. This preserves National Jet Systems' allocation of BAe-1 46 movements under regulation 6A and replaces the lapsed allocation of B737-300QC movements under subregulation 6(9) with additional BAe-146 movements.

The amendment also makes some minor drafting changes.

Regulation 4 - Regulation 6A (Descriptions of aircraft that may take off from or land at the Aerodrome during a curfew period)

Regulation 4 replaces subregulation 6A(1) of the Regulations.

Regulation 6A enables the Minister, by notice in the Gazette, to permit particular aircraft types to land at, or take off from, the Aerodrome during a curfew period. The discretion in regulation 6A has been exercised to enable operations during the curfew by small low noise jet aircraft.

The amendment clarifies the relationship between regulations 6 and 6A by introducing objective criteria to determine what is a small low noise jet aircraft for the purposes of regulation 6A and limiting the operation of that regulation to such aircraft.

Regulation 5 - New Regulation 6B (Aircraft that may take off from or land at the Aerodrome during a curfew period - sunset provision)

Regulation 5 inserts a new regulation 6B into the Regulations which will sunset all operations during the curfew period, other than international operations permitted under subregulation 6(5) and emergency exceptions under regulation 9, once the airport at Badgerys Creek is able to be used for night aircraft movements.

These Regulations commenced on gazettal.