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. 446
Registered 19 Mar 2010
Start Date 24 Dec 1995
End Date 10 Sep 1997
Date of repeal 10 Sep 1997
Repealed by Air Navigation (Aerodrome Curfew) Regulations (Repeal)

AIR NAVIGATION (AERODROME CURFEW) REGULATIONS
(#DATE 14:02:1996)

Compilation Information

Note: This Statutory Rule was repealed by SR 1997 No. 230 - In force under the Air Navigation Act 1920
- Updated as at 14 February 1996
*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
Number Notification commencement saving or
in Gazette transitional
provisions
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 -
446 22 Dec 1995 (b) -
(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."
(b)"1.1 These regulations commence on the day on which the Sydney Airport Curfew Act 1995 commences."
The Sydney Airport Curfew Act 1995 commences at 10.45 pm on 24 December 1995.
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ad=added or inserted am=amended rep=repealed rs=repealed and substituted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 Nos. 78 and 446
R. 5 rep. 1995 No. 446
R. 6 am. 1991 No. 408; 1992 No. 195; 1994 No. 109;
1995 Nos. 78 and 446
R. 6A ad. 1991 No. 408
am. 1995 No. 78
rep. 1995 No. 446
R. 6B ad. 1995 No. 78
rep. 1995 No. 446
R. 7 am. 1992 No. 195; 1994 No. 383
rep. 1995 No. 446
R. 8 am. 1991 No. 408
rep. 1995 No. 446
R. 9 am. 1991 No. 408; 1994 No. 383
rep. 1995 No. 446
R. 10 am. 1991 No. 408
rep. 1995 No. 446
R. 11 am. 1991 No. 408
R. 12 am. 1991 No. 408
rs. 1994 No. 437
rep. 1995 No. 446
Schedule ad. 1991 No. 408
rep. 1995 No. 446
#ADD 11:3:1996

AIR NAVIGATION (AERODROME CURFEW) REGULATIONS - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS
Regulation
1. Citation
2. Commencement
3. Interpretation
4. Authorised persons
6. Curfew
11. Provision of false information

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" has the same meaning as in the Sydney Airport Curfew Act 1995;
"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;
"operator" means a person, organisation or enterprise engaged in, or offering to engage in, an aircraft operation;
"the Aerodrome" means the aerodrome known as Sydney (Kingsford-Smith) Airport;
"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 6
Curfew

6.


(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.


(13) A reference to "aircraft movements":
(a) in subregulation (6)-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.

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.