Federal Register of Legislation - Australian Government

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SR 1989 No. 354 Regulations as amended, taking into account amendments up to SR 1995 No. 78
Registered 19 Mar 2010
Start Date 21 Apr 1995
End Date 23 Dec 1995
Date of repeal 10 Sep 1997
Repealed by Air Navigation (Aerodrome Curfew) Regulations (Repeal)

AIR NAVIGATION (AERODROME CURFEW) REGULATIONS
- In force under the Air Navigation Act 1920
- Updated as at 4 May 1995 (HISTREG CHAP 1033 #DATE 04:05:1995)

*1* The Air Navigation (Aerodrome Curfew) Regulations (in force under the Air Navigation Act 1920) as shown in this reprint comprise Statutory Rules 1989 No. 354 amended as indicated in the Tables below.
Table of Statutory Rules
Year and Date of Date of Application, saving or
number notification in commencement transitional provisions
Gazette
1989 No. 354 7 Dec 1989 (a)
1991 No. 408 12 Dec 1991 12 Dec 1991 -
1992 No. 195 30 June 1992 R. 4: 6 Feb 1992
Remainder: 30 June 1992 -
1994 No. 109 28 Apr 1994 28 Apr 1994 -
383 16 Nov 1994 16 Nov 1994 -
437 23 Dec 1994 23 Dec 1994 -
1995 No. 78 21 Apr 1995 21 Apr 1995 -
(a) Regulation 2 of the Air Navigation (Aerodrome Curfew) Regulations provides as follows:
"2. These Regulations commence at 11 o'clock at night, by legal time in New South Wales, on 17 December 1989."
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 3 am. 1991 No. 408; 1995 No. 78
R. 6 am. 1991 No. 408; 1992 No. 195; 1994
No. 109; 1995 No. 78
R. 6A ad. 1991 No. 408
am. 1995 No. 78
R. 6B ad. 1995 No. 78
R. 7 am. 1992 No. 195; 1994 No. 383
R. 8 am. 1991 No. 408
R. 9 am. 1991 No. 408; 1994 No. 383
Rr. 10, 11 am. 1991 No. 408
R. 12 am. 1991 No. 408
rs. 1994 No. 437
Schedule ad. 1991 No. 408
#ADD 12:5:1995

AIR NAVIGATION (AERODROME CURFEW) REGULATIONS - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS
Regulation
1. Citation
2. Commencement
3. Interpretation
4. Authorised persons
5. Delegation
6. Curfew
6A. Descriptions of aircraft that may take off from or land at the
Aerodrome during a curfew period
6B. Aircraft that may take off from or land at the Aerodrome
during a curfew period - sunset provision
7. Runways
8. Classification of aircraft
9. Exceptions
10. Reverse thrust
11. Provision of false information
12. Unauthorised landing or taking off during curfew
SCHEDULE
Descriptions of Aircraft, Noise Levels and Testing Procedures

AIR NAVIGATION (AERODROME CURFEW) REGULATIONS - REG 1
Citation

1. These Regulations may be cited as the Air Navigation (Aerodrome Curfew) Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

AIR NAVIGATION (AERODROME CURFEW) REGULATIONS - REG 2
Commencement

2. These Regulations commence at 11 o'clock at night, by legal time in New South Wales, on 17 December 1989.

AIR NAVIGATION (AERODROME CURFEW) REGULATIONS - REG 3
Interpretation

3. (1) In these Regulations, unless the contrary intention appears:
"authorised person", for the purposes of a provision in which that expression occurs, means:
(a) a person appointed under regulation 4 to be an authorised person for the purposes of that first-mentioned provision; or
(b) a person included in a class of persons appointed under regulation 4 to be authorised persons for the purposes of that first-mentioned provisions;
"curfew period" means:
(a) the period during each day commencing at the beginning of that day and ending at 6 o'clock in the morning; or
(b) the period during each day commencing at 11 o'clock at night and ending at midnight;
"flight plan" has the same meaning as in the Civil Aviation Regulations;
"international aircraft" means an aircraft:
(a) that is being used in an international operation to carry passengers, for hire or reward, to or from the Aerodrome; and
(b) that complies with:
(i) the standards in respect of noise expressed in chapter 3 of the
Annex to be applicable to aircraft of the class to which the aircraft belongs; or
(ii) if the aircraft is not in a class to which Chapter 3 of the
Annex applies - the standards in respect of aircraft noise specified in paragraphs 3.2, 3.4 and 3.5 of Chapter 3 of the Annex when the level of noise emitted by the aircraft is determined by reference to the test procedures set out in paragraphs 3.2, 3.3, 3.6 and 3.7 of Chapter 3 of the Annex and Appendix 2 to the Annex;
"international operation" means an air service that passes through the airspace over the territory of more than one country;
"jet-propelled aircraft" includes an aircraft that is propelled by one or more engines of the following kinds, namely, turbofan engines, turbojet engines, unducted fan engines or rocket engines, but does not include an aircraft that is propelled solely by propeller engines;
"maximum take off weight", in relation to an aircraft, means the weight set out in the aircraft's certificate of airworthiness, or flight manual, as the maximum take off weight;
"operator" means a person, organisation or enterprise engaged in, or offering to engage in, an aircraft operation;
"register of Australian Aircraft" has the same meaning as in subregulation 8 (1) of the Civil Aviation Regulations;
"the Aerodrome" means the aerodrome known as Sydney (Kingsford-Smith) Airport;
"the Annex" means Volume I of Annex 16 to the Chicago Convention as amended and in force on 17 November 1988;
"week" means a period of 7 days commencing at 11 o'clock at night on a Sunday.


(2) Where, in these Regulations, a reference to time occurs, the reference is, unless the contrary intention appears, to be taken to be a reference to the legal time in New South Wales.

AIR NAVIGATION (AERODROME CURFEW) REGULATIONS - REG 4
Authorised persons

4. (1) The Secretary may, in writing:
(a) appoint a person to be an authorised person for the purposes of a provision of these Regulations in which the expression "authorised person" occurs; or
(b) appoint persons included in a class of persons to be authorised persons for the purposes of a provision of these Regulations in which the expression "authorised person" occurs.


(2) An appointment under subregulation (1) may be made subject to such conditions as are specified in the instrument of appointment.

AIR NAVIGATION (AERODROME CURFEW) REGULATIONS - REG 5
Delegation

5. The minister may, in writing, delegate to a person all or any of his or her powers and functions under these Regulations.

AIR NAVIGATION (AERODROME CURFEW) REGULATIONS - REG 6
Curfew

6. (1) An aircraft other than:
(a) an aircraft that is propelled solely by propeller engines and that complies with the standards in respect of noise expressed in chapter 3, 6 or 10 of the Annex to be applicable to aircraft of the class to which the aircraft belongs; or
(aa) an aircraft that is described in column 2 of an item in the Schedule and complies with the standards in respect of aircraft noise set out in the provisions of the Annex specified in column 3 of that item when the level of noise emitted by the aircraft is determined by reference to the test procedures set out in the provisions of the Annex specified in column 4 of the item; or
(b) an aircraft referred to in a notice under subregulation 6A (1); or
(c) an aircraft to which subregulation (5) applies;
must not land at, or take off from, the Aerodrome during a curfew period.


(3) The operator of an international aircraft may apply to the Secretary or an authorised person for approval for that aircraft to land at, or take off from, the Aerodrome during a curfew period.


(4) In an application under subregulation (3), the operator is to state his or her reasons for seeking the approval to land at, or take off from, the Aerodrome during a curfew period.


(5) Where the Secretary or an authorised person approves in writing an application under, subregulation (3), the international aircraft referred to in the application may land at, or take off from, the Aerodrome between 5 o'clock and 6 o'clock in the morning, or between 11 o'clock at night and midnight, as the case requires.


(6) The Secretary or an authorised person must not approve more than 14 aircraft movements of international aircraft between the hours of 11 o'clock at night and midnight during any one week, no more than 4 of which shall take place on any one night.


(7) The Secretary or an authorised person must not approve more than 42 aircraft movements by international aircraft between the hours of 5 o'clock and 6 o'clock in the morning during any one week, no more than 8 of which shall take place on any one day.


(8) Subregulation (1) does not before 1 January 1990 apply to an aircraft that is propelled solely by propeller engines and that was, before 30 October 1988, entered on the register of Australian aircraft.


(9) Despite subregulation (1), an aircraft of a particular kind may land at, and take off, from the Aerodrome during a curfew period if the sole purpose of the aircraft movements is the carriage of freight.


(9A) The number of aircraft movements permitted under subregulation (9) is:
(a) for aircraft of the kind known as BAe-146 that are registered in the name of, or operated by or for, Ansett Australia Limited - 28 each week; and
(b) for aircraft of the kind known as DC9 that are registered in the name of, or operated by or for, Mayne Nickless Limited:
(i) 12 each week, until 31 October 1995; and
(ii) 6 each week, from 1 November 1995 to 30 April 1996; and
(c) for aircraft of the kind known as BAe-146 that are registered in the name of, or operated by or for, Mayne Nickless Limited:
(i) 9 each week, from 1 November 1995 to 30 April 1996; and
(ii) 18 each week, from 1 May 1996; and
(d) for aircraft of the kind known as BAe-146 that are registered in the name of, or operated by or for, National Jet Systems Pty Ltd - 28 each week.


(9B) Subregulation (9) does not apply to an aircraft of the kind described in subparagraph (9) (b) unless the aircraft complies with the relevant requirements in relation to noise levels specified in chapter 3 of Part II of the Annex in respect of its classification in that Part.


(10) For the purposes of this regulation:
(a) if an aircraft:
(i) is first approved for a push back or taxi clearance in respect
of a flight before the commencement of a curfew period; and
(ii) completes its take off during that period;
it is to be regarded as having taken off:
(iii) if it completes its take off within a time that, having regard
to operational requirements, is a reasonable time after the commencement of the curfew period - at the time of the request for push back or taxi clearance; or
(iv) in any other case - at the time that its take off is completed;
and
(b) if an aircraft:
(i) is first approved for push back or taxi clearance in respect of
a flight during a curfew period; and
(ii) completes its take off after the end of that period;
it is to be regarded as having taken off at the time that the take off is completed; and
(c) if an aircraft completes its take off in any other circumstances - it is to be regarded as having taken off at the time of the first request for push back or taxi clearance that is subsequently approved in respect of the flight.


(11) Regardless of subregulation (5):
(a) an international aircraft must not be pushed back nor may a taxi clearance be sought in respect of such an aircraft after 10 minutes before midnight on any night; and
(b) where an international aircraft completes its take off after midnight, the operator of that aircraft must, in a return supplied to the Secretary or an authorised person, give reasons for so doing.


(12) An aircraft referred to in paragraph (10) (a) must complete its take off in accordance with regulation 7.


(13) A reference to "aircraft movements":
(a) in subregulations (6) and (9) - is a reference to aircraft landing at, or taking off from, the Aerodrome; and
(b) in subregulation (7) - is a reference to aircraft landing at the Aerodrome.


(14) Paragraph (1) (aa) applies to an aircraft that is described in column 2 of more than 1 item in the Schedule if the aircraft complies with the standards in respect of noise set out in the provisions of the Annex specified in column 3 of any 1 of those items.

AIR NAVIGATION (AERODROME CURFEW) REGULATIONS - REG 6A
Descriptions of aircraft that may take off from or land at the Aerodrome
during a curfew period

6A. (1) The Minister may publish a notice in the Gazette describing an aircraft for the purposes of this regulation.


(1A) A described aircraft is permitted to land at and take off from the Aerodrome during a curfew period.


(1B) An aircraft may be described if:
(a) it is a jet-propelled aircraft; and
(b) it complies with the standards in respect of noise emission expressed in chapter 3 of the Annex to be applicable to aircraft of the class to which the aircraft belongs; and
(c) it has a maximum take off weight of not more than 34,000 kilograms; and
(d) it has, on landing and taking off, noise levels that comply with the standard referred to in this regulation as the 90-95 rule.


(1C) For the purposes of paragraph (1B) (d), an aircraft complies with the 90-95 rule if it has a noise level that:
(a) on take off:
(i) does not exceed 90 EPNdB; or
(ii) if the amount in excess of 90 EPNdB is offset by a maximum
noise level on landing that is correspondingly lower than the amount specified in subparagraph (b) (i) - does not exceed 92 EPNdB; and
(b) on landing:
(i) does not exceed 95 EPNdB; or
(ii) if the amount in excess of 95 EPNdB is offset by a maximum
noise level on take off that is correspondingly lower than the amount specified in subparagraph (a) (i) - does not exceed 97 EPNdB.


(1D) In this regulation, "noise level", expressed as a figure of EPNdB, means the effective perceived noise in decibels measured by reference to the test procedures expressed in chapter 3 of Part II of the Annex and certified in a noise certificate within the meaning of the Air Navigation (Aircraft Noise) Regulations.


(2) The operator of an aircraft may apply to the Minister to have the aircraft described if:
(a) the aircraft is of a kind described in paragraphs (1B) (a), (b), (c) and (d); and
(b) it has not been described in a notice.


(3) The operator must:
(a) state in the application the reasons for making the application; and
(b) if the Minister, in writing, asks the operator to give the Minister information in relation to the application - give the information to the Minister.


(4) The Minister must consider the application and may approve or refuse it.


(5) If the Minister refuses the application, the Minister must notify the operator, in writing, of the decision.


(6) A notice under subregulation (5) must include:
(a) the reasons for the decision; and
(b) a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, the operator may apply to the Administrative Appeals Tribunal for review of the decision.


(7) An application may be made to the Administrative Appeals Tribunal for the review of a decision of the Minister under subregulation (4).


(8) In subregulations (5) and (7), "decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975.

AIR NAVIGATION (AERODROME CURFEW) REGULATIONS - REG 6B
Aircraft that may take off from or land at the Aerodrome during a curfew
period - sunset provision

6B. Paragraphs 6 (1) (a), (aa) and (b), subregulation 6 (9) and regulation 6A cease to have effect on the date notified in the Gazette for the purposes of this subregulation, being the date declared by the Minister as the date on which the aerodrome to be constructed at the site known as Badgerys Creek is able to be used for night aircraft movements.

AIR NAVIGATION (AERODROME CURFEW) REGULATIONS - REG 7
Runways

7. (1) Where an aircraft lands at the Aerodrome during a curfew period, it must use the runway known as runway 34L and shall approach the runway over Botany Bay.


(2) Where an aircraft takes off from the Aerodrome during a curfew period, it must take off over Botany Bay using that part of the runway known as runway 16R that is situated between Botany Bay and the intersection of that runway with the taxiway known as taxiway G.


(3) Where the pilot in command of an aircraft requests a push back or taxi clearance not later than 11 o'clock on any night and, for operational reasons, it is necessary for that aircraft to take off from the Aerodrome using a greater length of runway than that part of the runway known as runway 16R referred to in subregulation (2), the aircraft may take off over Botany Bay using so much of that runway as is necessary in the circumstances.

AIR NAVIGATION (AERODROME CURFEW) REGULATIONS - REG 8
Classification of aircraft

8. (1) Subject to subregulation (2), if:
(a) the operator of an aircraft indicates, in a flight plan for the aircraft, that it will land at, or take off from, the Aerodrome during a curfew period; and
(b) the Secretary or an authorised person asks the operator, in writing, to give the Secretary or the authorised person information to determine whether the aircraft:
(i) is an international aircraft; or
(ii) complies with the standards in respect of noise expressed in
chapter 3, 6 or 10 of the Annex to be applicable to aircraft of the class to which the aircraft belongs; or
(iii) is described in column 2 of an item in the Schedule and
complies with the standards in respect of aircraft noise set out in the provisions of the Annex specified in column 3 of that item when the level of noise emitted by the aircraft is determined by reference to the test procedures set out in the provisions of the Annex specified in column 4 of the item;
the operator must, unless the operator has a reasonable excuse, give the information to the Secretary or the authorised person no later than 30 days after being asked.
Penalty: $5,000.


(2) Unless the engine of the aircraft is subsequently modified, the operator of an aircraft must not under subparagraph (1) (b) (ii) or (iii) be required to supply the Secretary or an authorised person on more than one occasion with information that he or she would otherwise, under the subparagraph, be required so to supply.

AIR NAVIGATION (AERODROME CURFEW) REGULATIONS - REG 9
Exceptions

9. (1) Subregulations 6 (1) and (11) and regulation 7 do not apply in respect of an aircraft that is being used:
(a) for search and rescue purposes; or
(b) for mercy flights or other urgent medical purposes; or
(c) for flood or fire relief purposes; or
(d) for purposes relating to a natural disaster.


(2) Subregulation 6 (1) and regulation 7 do not apply in respect of an aircraft the pilot in command of which has declared an in-flight medical emergency or other emergency.


(3) Subregulation 6 (1) does not apply in respect of an aircraft that is in the vicinity of the Aerodrome and that is carrying insufficient fuel to be diverted to another aerodrome.


(4) Subregulation 6 (1) does not apply in respect of an aircraft that, because of unforseen adverse meteorological, operational or air traffic conditions, arrives at the Aerodrome later than the time specified in its flight plan during a curfew period.


(5) Where:
(a) in respect of an aircraft in respect of a flight, the Aerodrome is specified in a flight plan as an alternate aerodrome within the meaning of the Civil Aviation Regulations; and
(b) the aircraft is diverted in accordance with that flight plan to the Aerodrome; and
(c) the aircraft arrives at the Aerodrome during a curfew period;
subregulation 6 (1) does not apply in respect of that aircraft.


(6) For the purposes of subregulation (5), the Aerodrome must not, in a flight plan in respect of an aircraft in respect of a flight that would end during the curfew period, be specified as an alternate aerodrome within the meaning of the Civil Aviation Regulations unless:
(a) the aircraft is an aircraft to which paragraph 6 (1) (a), (aa) or (b) applies; or
(b) there is no other aerodrome that in all the circumstances is suitable as an alternate aerodrome in respect of that aircraft.


(7) Where:
(a) an aircraft in the vicinity of the Aerodrome would otherwise be required to land on the runway at the Aerodrome known as runway 34L; and
(b) that runway is not at that time a suitable runway on which to land that aircraft; and
(c) the aircraft is not carrying sufficient fuel to enable it to be diverted to another aerodrome;
regulation 7 does not apply to that aircraft.


(8) The Minister may, in any other exceptional circumstances, approve in writing the taking off from, or landing at, the Aerodrome of an aircraft during a curfew period.

AIR NAVIGATION (AERODROME CURFEW) REGULATIONS - REG 10
Reverse thrust

10. (1) Where the operator of an aircraft is aware that the aircraft would, on landing at the Aerodrome, require the use of reverse thrust that is greater than idle reverse thrust, the operator must not, in the flight plan lodged in respect of that aircraft, plan to land that aircraft at the Aerodrome during a curfew period.


(2) If an aircraft uses reverse thrust that is greater than idle reverse thrust while landing at the Aerodrome during a curfew period, the operator of the aircraft must, no later than 7 days after the landing, give a reverse thrust return in respect of the landing to the Secretary or an authorised person.
Penalty: $500.


(3) A reverse thrust return must:
(a) identify:
(i) the aircraft; and
(ii) the manufacturer and model of its engines; and
(b) give details of when reverse thrust greater than idle reverse thrust was used while landing at the Aerodrome during a curfew period; and
(c) give the reason for using reverse thrust greater than idle reverse thrust.


(5) Where, during a curfew period, an aircraft uses reverse thrust greater than idle reverse thrust at or in the vicinity of the Aerodrome, the pilot in command of that aircraft must use the minimum reverse thrust necessary for the safe operation of that aircraft.

AIR NAVIGATION (AERODROME CURFEW) REGULATIONS - REG 11
Provision of false information

11. The operator of an aircraft must not knowingly or recklessly supply the Secretary or an authorised person with information that is false or misleading in a material particular.
Penalty: (a) in the case of a natural person - $2,500; or
(b) in the case of a body corporate - $5,000.

AIR NAVIGATION (AERODROME CURFEW) REGULATIONS - REG 12
Unauthorised landing or taking off during curfew

12. If, during a curfew period, an aircraft lands at, or takes off from, the Aerodrome in contravention of these Regulations, the operator of the aircraft is guilty of an offence.
Penalty: 50 penalty units.
(NOTE: Section 23 of the Air Navigation Act 1920 provides for certain defences in proceedings for offences against regulations made under the Act.)

AIR NAVIGATION (AERODROME CURFEW) REGULATIONS - SCHEDULE

SCH

SCHEDULE Paragraph 6 (1) (aa)
DESCRIPTIONS OF AIRCRAFT, NOISE LEVELS AND TESTING PROCEDURES
Column 1 Column 2 Column 3 Column 4
Item No. Description Paragraphs Paragraphs
of Aircraft of Part II of Part II of, and
of the Annex Appendices to,
(noise levels) the Annex
(test procedures)
1 Propeller-driven 5.2, 5.4, 5.5 5.2, 5.3, 5.6, 5.7,
aircraft of a maximum Appendix 2
certificated take-off
mass exceeding
5,700 kg for which:
(a) the application
for a certificate
of air worthiness
for the
prototype was
accepted by the
certificating
authority; or
(b) another
equivalent
prescribed
procedure was
carried out by
the certificating
authority;
before 1 January 1985
2 Propeller-driven 6.2, 6.3 6.2, 6.4, 6.5,
aircraft of a Appendix 3
maximum certificated
take-off mass not
exceeding 9,000 kg
for which:
(a) the application
for a certificate
of airworthiness
for the prototype
was accepted by
the certificating
authority; or
(b) another
equivalent
prescribed
procedure was
carried out by
the certificating
authority;
before 17 November 1988
3 Propeller-driven 10.2, 10.4 10.2, 10.3, 10.5,
aircraft and their 10.6,
derivatives of a maximum Appendix 6
certificated
take-off mass not
exceeding 9,000 kg
for which:
(a) the application
for a certificate
of airworthiness
for the prototype
was accepted by
the certificating
authority; or
(b) another
equivalent
prescribed
procedure was
carried out by
the certificating
authority;
on or after
17 November 1988
4 Propellor-driven 3.2, 3.4, 3.5 3.2, 3.3, 3.6, 3.7,
aircraft of a Appendix 2
maximum certificated
take-off mass
exceeding 9,000 kg