Federal Register of Legislation - Australian Government

Primary content

Air Navigation (Aircraft Noise) Regulations

SR 1984 No. 188 Regulations as amended, taking into account amendments up to SR 1990 No. 397
Registered 19 Mar 2010
Start Date 17 Nov 1988
End Date 05 Dec 1990
Date of repeal 01 Apr 2018
Repealed by Air Navigation (Aircraft Noise—Repeal and Consequential Amendments) Regulations 2018

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS
- In force under the Air Navigation Act 1920
- Reprinted as at 31 July 1991 (HISTREG CHAP 423 #DATE 31:07:1991)

*1*The Air Navigation (Aircraft Noise) Regulations (in force under the Air Navigation Act 1920) as shown in this reprint comprise Statutory Rules 1984 No. 188 amended as indicated in the Tables below.
Table of Statutory Rules
Year and Date of Date of Application,
number notification commencement saving
in Gazette or transitional
provisions
1984 No. 188 10 Aug 1984 10 Aug 1984
1985 No. 301 21 Nov 1985 21 Nov 1985 -
1986 No. 233 4 Sept 1986 4 Sept 1986 -
1988 No. 163 30 June 1988 1 July 1988 -
277 15 Nov 1988 17 Nov 1988 -
1990 No. 397 6 Dec 1990 -
Table of Amendments
ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substituted Provision affected
How affected
R. 2
am. 1985 No. 301; 1986 No. 233; 1988 Nos. 163 and 277; 1990 No. 397
R. 3
am. 1990 No. 397
R. 4
am. 1988 No. 163; 1990 No. 397
Rr. 5, 6
am. 1990 No. 397
R. 6A
ad. 1990 No. 397
R. 7
am. 1990 No. 397
R. 8
am. 1986 No. 233
R. 9
am. 1988 No. 163; 1990 No. 397
R. 9A
ad. 1990 No. 397
Rr. 10, 11
am. 1986 No. 233; 1990 No. 397
R. 13
am. 1990 No. 397
Schedule
ad. 1990 No. 397

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS

Regulation

1. Citation

2. Interpretation

3. Application

4. Authorised officer

5. Applications by owner or operator of an aircraft

6. Issue of noise certificate

6A. Issue of noise certificate for aircraft of a type specified in the
Schedule

7. Contents of noise certificate

8. Noise certificate deemed to be issued in certain circumstances

9. Aircraft not to fly unless noise certificate in force

9A. Aircraft that are permitted to engage in air navigation without a noise
certificate

10. Revocation of noise certificate

11. Inspectors

12. Giving of notices

13. Review by Administrative Appeals Tribunal

SCHEDULE
NOISE LEVELS AND TESTING PROCEDURES FOR CERTAIN AIRCRAFT

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS - REG 1
Citation

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

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS - REG 2
Interpretation

2. In these Regulations, unless the contrary intention appears:
'aircraft' does not include:
(a) a state aircraft; or
(b) a foreign aircraft that has been in Australian territory for a
continuous period of less than 1 month; or
(c) an aircraft that is specifically designed for:
(i) aerobatic purposes; or
(ii) fire fighting purposes; or
(iii) agricultural purposes;
'Authority' means the Civil Aviation Authority;
'authorised officer' means a person appointed under regulation 4;
'Commonwealth aircraft' has the same meaning as in the Air Navigation Regulations;
'derived version', in relation to an aircraft, has the same meaning as in Volume I of the Annex;
'foreign aircraft' has the same meaning as in the Air Navigation Regulations;
'inspector' means an inspector appointed under regulation 11;
'noise certificate' means a certificate, whether or not consisting of a separate document, issued, or deemed to have been issued, under regulation 6, or issued under regulation 6A;
'operator' means a person, organization, or enterprise engaged in, or offering to engage in, an aircraft operation;
'relevant law' means a law of a contracting State relating to the control of aircraft noise, being a law:
(a) the requirements of which are incapable of being complied with by an
aircraft that does not satisfy the requirements of the Annex with respect to noise certification; or
(b) compliance with the requirements of which has been determined by the
Secretary or an authorised officer, by notice published in the Gazette, to be sufficient compliance with the requirements of the Annex with respect to noise certification;
'the Annex' means Annex 16 to the Chicago Convention, being that Annex as amended and in force on 17 November 1988.

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS - REG 3
Application

3.(1) These Regulations apply to and in relation to:
(a) international air navigation;
(b) air navigation in relation to trade and commerce with other countries
and among the States;
(c) air navigation within the Territories;
(d) air navigation to or from the Territories;
(e) air navigation, other than air navigation referred to in paragraph (a),
(b), (c) or (d), that consists of landing at, or taking off from, any place acquired by the Commonwealth for public purposes; and
(f) air navigation in which a Commonwealth aircraft is engaged.
(2) These Regulations do not apply to an aircraft that:
(a) immediately before the date on which this subregulation commences, was
registered under the Air Navigation Regulations or the Civil Aviation Regulations; and
(b) continues to be registered under those Regulations;
unless the aircraft is modified, after that date, in a manner that significantly increases the level of noise that the aircraft emits.

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS - REG 4
Authorised officer

4. The Secretary may, by writing signed by him or her, appoint an officer of the Department or an officer of the Authority to be an authorised officer for the purposes of these Regulations.

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS - REG 5
Applications by owner or operator of an aircraft

5.(1) The owner or operator of an aircraft may apply in writing to the Secretary or an authorised officer for:
(a) a noise certificate in relation to the aircraft; or
(b) permission under regulation 9A for the aircraft to engage in air
navigation without a noise certificate.
(2) An applicant under subregulation (1) shall furnish to the Secretary or the authorised officer such information relating to the aircraft as is reasonably required by the Secretary or the authorised officer for a proper consideration of the application.

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS - REG 6
Issue of noise certificate

6. (1) Subject to regulation 6A, if an aircraft in respect of which an application is made under paragraph 5 (1) (a) complies with the standards in respect of noise expressed in the Annex to be applicable to aircraft of the class to which the aircraft belongs, the Secretary or the authorised officer to whom the application is made must issue to the applicant a noise certificate in relation to the aircraft.
(2) Where the Secretary or an authorised officer makes a decision to refuse the issue of a noise certificate, he or she shall cause notice in writing of that decision to be given to the applicant.

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS - REG 6A
Issue of noise certificate for aircraft of a type specified in the Schedule

6A.(1) If an aircraft in respect of which an application is made under regulation 5:
(a) is of a type specified in column 2 of an item in the Schedule; and
(b) complies with the standards in respect of aircraft noise specified in
the provisions of the Annex specified in column 3 of that item;
the Secretary or the authorised officer to whom the application is made must issue to the applicant a noise certificate in relation to that aircraft.
(2) For the purposes of subregulation (1), the noise level that is emitted by an aircraft of a type specified in column 2 of an item in the Schedule must be determined by reference to the test procedures set out in the provisions of the Annex specified in column 4 of that item.
(3) If an aircraft is a of a type that is described in column 2 of more than 1 item in the Schedule:
(a) subregulation (1) applies if the aircraft complies with the standards in
respect of noise specified in the provisions of the Annex specified in column 3 of any 1 of those items; and
(b) the aircraft does not breach these Regulations by reason only of the
fact that it does not comply with the standards in respect of noise specified in the provisions of the Annex specified in column 3 of the other item or items.
(4) If the Secretary or an authorised officer refuses to issue a noise certificate, he or she must give notice in writing of the decision to the applicant.
(5) Unless the contrary intention appears, words and expressions used in the Schedule and in Volume I of the Annex have the same meaning as in that Volume.

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS - REG 7
Contents of noise certificate

7.(1) A noise certificate issued under these Regulations shall:
(a) certify:
(i) in the case of an aircraft of a type specified in column 2 of an
item in the Schedule-that the aircraft complies with standards in respect of aircraft noise specified in the Annex; or
(ii) in any other case-that the aircraft conforms with the standards
in respect of noise expressed in the Annex to be applicable to aircraft of the class to which the aircraft belongs; and
(b) where the aircraft is registered in Australia-contain a statement that
the aircraft is so registered; and
(c) contain the following particulars in respect of the aircraft to which it
relates:
(i) the serial number of the aircraft as designated by the
manufacturer;
(ii) the type and model of the aircraft as designated by the
manufacturer;
(iii) particulars of any additional modifications incorporated for the
purpose of compliance with the applicable noise certification standards;
(iv) the maximum weights at which compliance with the applicable noise
certification standards has been demonstrated;
(v) the noise level or levels and their 90 per cent confidence limits
at the reference point or points for which compliance with the applicable noise certification standards has been demonstrated.
(2) Words and expressions used in this regulation and in Volume I of the Annex have in this regulation, unless the contrary intention appears, the same respective meanings as they have in that volume of the Annex.

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS - REG 8
Noise certificate deemed to be issued in certain circumstances

8.(1) Where the manufacturer of an aircraft that engages in air navigation has included in the flight manual for the aircraft a statement to the effect that the aircraft:
(a) conforms with the relevant standards in respect of noise contained in
the Annex; or
(b) complies with the requirements of a relevant law;
there shall be deemed to have been issued under regulation 6 a noise certificate in relation to that aircraft.
(2) Subregulation (1) does not apply in relation to an aircraft in respect of which a noise certificate has at any time been revoked.

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS - REG 9
Aircraft not to fly unless noise certificate in force

9.(1) Subject to subregulation (2) and regulation 9A, an aircraft shall not engage in air navigation unless:
(a) a noise certificate in relation to that aircraft is currently in force;
and
(b) in the case of an aircraft engaged in international air
navigation-evidence of such noise certification is carried on the aircraft.
(2) Subregulation (1) does not apply to an aircraft:
(a) while it is undergoing testing by an inspector for the purpose of
determining whether:
(i) in the case of an aircraft of a type specified in column 2 of an
item in the Schedule-the aircraft complies with the standards in respect of aircraft noise specified in the provisions of the Annex specified in column 3 of that item; or
(ii) in any other case-the aircraft conforms with the standards in
respect of noise expressed in the Annex to be applicable to aircraft of the class to which the aircraft belongs; or
(b) while it is undergoing testing required by the Authority or an
authorised person under the Civil Aviation Regulations for the purpose of determining whether a certificate of airworthiness should be issued, renewed or validated under those Regulations.
(3) The operator and the pilot in command of an aircraft that engages in air navigation in contravention of this regulation is guilty of an offence and is punishable, upon conviction, by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 6 months or both such fine and imprisonment.

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS - REG 9A
Aircraft that are permitted to engage in air navigation without a noise
certificate

9A.(1) If an aircraft does not comply with:
(a) in the case of an aircraft of a type specified in column 2 of an item in
the Schedule-the standards in respect of aircraft noise specified in the provisions of the Annex specified in column 3 of that item; or
(b) in any other case-the standards in respect of noise expressed in the
Annex to be applicable to aircraft of the class to which the aircraft belongs;
the owner or operator of the aircraft may apply to the Secretary or an authorised officer for permission for the aircraft to engage in air navigation without a noise certificate.
(2) If an application is made under subregulation (1), the Secretary or the authorised officer to whom the application is made may give permission in writing for the aircraft to engage in air navigation without a noise certificate if he or she is satisfied that:
(a) the extent to which the aircraft exceeds those standards is not
significant; or
(b) the historical significance of the aircraft justifies giving the
permission; or
(c) the aircraft is to be used solely for a purpose that is in the public
interest.
(3) If the Secretary or an authorised officer gives permission for an aircraft to engage in air navigation without a noise certificate, on the ground that the aircraft is to be used solely for a purpose that is in the public interest, the permission must specify:
(a) the purpose for which the aircraft is to be used; and
(b) the period, not exceeding 1 month, during which the aircraft may engage
in air navigation.

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS - REG 10
Revocation of noise certificate

10. (1) If an aircraft in relation to which a noise certificate has been issued, or is deemed to have been issued, ceases to conform with:
(a) in the case of an aircraft of a type specified in column 2 of an item in
the Schedule-the standards in respect of aircraft noise specified in the provisions of the Annex specified in column 3 of that item; or
(b) in any other case:
(i) the standards in respect of noise expressed in the Annex to be
applicable to aircraft of the class to which the aircraft belongs; or
(ii) the requirements of a relevant law;
the Secretary or an authorised officer may give to the operator of the aircraft notice in writing that the Secretary or the authorised officer intends to revoke the noise certificate.
(2) Where:
(a) an aircraft in relation to which a notice is given under subregulation
(1) does not, within the prescribed period, comply with:
(i) in the case of an aircraft of a type specified in column 2 of an
item in the Schedule-the standards in respect of aircraft noise specified in the provisions of the Annex specified in column 3 of that item; or
(ii) in any other case:
(A) the standards in respect of noise expressed in the Annex to
be applicable to aircraft of the class to which the aircraft belongs; or
(B) the requirements of a relevant law; or
(b) the operator of an aircraft in respect of which a noise certificate is
in force fails, without reasonable excuse, to comply with any reasonable requirement made by an inspector under these Regulations in respect of the aircraft;
the Secretary or an authorised officer may, by notice in writing given to the operator of the aircraft, revoke the noise certificate issued in relation to the aircraft.
(3) For the purposes of paragraph (2) (a), the period that is the prescribed period in relation to an aircraft is the period of 30 days or such longer period as the Secretary or an authorised officer, within that period of 30 days, allows commencing on the day immediately succeeding the day on which the notice is given under subregulation (1).
(4) The operator of an aircraft shall, as soon as possible after receipt by him of notice of revocation of a noise certificate:
(a) except where paragraph (b) or (c) applies-return the noise certificate,
or cause it to be returned, to the Secretary or an authorised officer;
(b) where the noise certificate is contained in a document that also
contains other material-present that document, or cause it to be presented, to the Secretary or an authorised officer for noting thereon the fact of revocation; or
(c) in the case of an aircraft in relation to which, by virtue of
subregulation 8 (1), a noise certificate is deemed to have been issued-present the flight manual for the aircraft to the Secretary or an authorised officer for noting thereon the fact of revocation.
Penalty: $500.
(5) Where:
(a) under subregulation (1) or (2), a notice is given by the Secretary or an
authorised officer to the operator of an aircraft; and
(b) the operator is not the owner of the aircraft;
the Secretary or the authorised officer shall give a copy of the notice to the owner of the aircraft.

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS - REG 11
Inspectors

11. (1) The Secretary or an authorised officer may, in writing, appoint:
(a) a member of the staff of the Civil Aviation Authority; or
(b) a person who is able to measure the level of noise
emitted by an aircraft;
as an inspector.
(2) The Secretary or the authorised officer who appoints a person as an inspector must issue to the person an identity card, bearing a recent photograph of the person, stating that the person is an inspector appointed under these Regulations.
(2A) A person who ceases to be an inspector must not fail or refuse, without reasonable excuse, to return his or her identity card to the Secretary as soon as practicable.
Penalty: $100.
(3) An inspector may require the operator of an aircraft:
(a) in respect of which an application has been made under regulation 5; or
(b) in respect of which a noise certificate is in
force;
to make the aircraft available for inspection at any reasonable time, and may inspect the aircraft when so made available, for the purpose of determining whether the aircraft complies with:
(c) in the case of an aircraft of a type specified in column 2 of an item in
the Schedule-the standards in respect of aircraft noise specified in the provisions of the Annex specified in column 3 of that item; or
(d) in any other case:
(i) the standards in respect of noise expressed in the Annex to be
applicable to aircraft of the class to which the aircraft belongs; or
(ii) the requirements of a relevant law.
(3A) An inspector may not:
(a) require the operator of an aircraft referred to in subregulation (3) to
make the aircraft available for inspection; or
(b) inspect the aircraft;
if he or she fails to produce his or her identity card when requested to do so.
(4) An inspector may, in the course of inspecting an aircraft, carry out such tests in relation to the aircraft, including tests carried out while it is in flight (whether or not the inspector is on board the aircraft), as are necessary for determining whether the aircraft conforms with the relevant standards in respect of noise.

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS - REG 12
Giving of notices

12. A notice, or a copy of a notice, referred to in these Regulations may be given to a person by leaving it at a place at which the person carries on business or by sending it by post to him at his last known place of business or residence.

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS - REG 13
Review by Administrative Appeals Tribunal

13. (1) An application may be made to the Administrative Appeals Tribunal for the review of a decision made by the Secretary or an authorised officer:
(a) refusing to issue a noise certificate under regulation 6 or 6A; or
(b) refusing to permit an aircraft to engage in air navigation under
regulation 9A; or
(c) revoking a noise certificate under subregulation 10 (2).
(2) A notice referred to in subregulation 6 (2) or 10 (2) shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of a person whose interests are affected by the decision.
(3) A failure to comply with subregulation (2) in relation to a decision does not affect the validity of the decision.

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS - SCHEDULE

SCH

SCHEDULE Regulation 6A

NOISE LEVELS AND TESTING PROCEDURES FOR CERTAIN AIRCRAFT
Column 1
Item No.
Column 2
Type of aircraft
Column 3
Provisions of the Annex for noise levels
Column 4
Provisions of the Annex for test procedure
1 Subsonic jet aircraft requiring a runway length (with no stopway or
clearway) of 610 metres or less at maximum certificated mass for
airworthiness 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 6 October 1977
2.2, 2.4, 2.5
2.2, 2.3, 2.6,
Appendix 1
2 Subsonic jet aircraft powered by engines with a by-pass ratio of 2 or more
and for which a certificate of airworthiness for the individual aircraft
was first issued before 1 March 1972
2.2, 2.4, 2.5
2.2, 2.3, 2.6
Appendix 1
3 Subsonic jet aircraft powered by engines with a by-pass ratio of less than
2:
(a) for which:
(i) the application for a certificate of airworthiness for
the prototype was accepted by the certificating authority; or
(ii) another equivalent prescribed procedure was carried
out by the certificating authority; before 1 January 1969;
and
(b) for which a certificate of airworthiness for that aircaft was
first issued before 1 January 1976
2.2, 2.4, 2.5
2.2, 2.3, 2.6,
Appendix 1
4 Subsonic jet aircraft, including derived versions, requiring a runway
length (with no stopway or clearway) of 610 metres or less at maximum
certificated mass for airworthiness, 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 6 October 1977
3.2, 3.4, 3.5
3.2, 3.3, 3.6, 3.7
Appendix 2
5 Derived version of a subsonic jet aircraft for which:
(a) the application for a certificate of airworthiness for the
prototype was carried out by the certificating authority before 6
October 1977, or
(b) another equivalent prescribed procedure was carried out by the
certificating authority before 26 November 1981
2.2, 2.4, 2.5
2.2, 2.3, 2.6,
Appendix 1
6 Propeller-driven aircraft, including derived versions, of a maximum
certified take-off mass exceeding 5,700 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 6 October 1977
5.2, 5.4, 5.5
5.2, 5.3, 5.6, 5.7,
Appendix 2
7 Propeller-driven aircraft, including derived versions, of a maximum
certificated take-off mass exceeding 5,700 kg, requiring a runway length
(with no stopway or clearway) of 610 metres or less at maximum certificated
mass for airworthiness, and 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 6 October 1977 and before
1 January 1985
5.2, 5.4, 5.5
5.2, 5.3, 5.6, 5.7
Appendix 2
8 Propeller-driven aircraft of a maximum certificated take-off mass not
exceeding 9,000 kg for which: 6.2, 6.3
6.2, 6.4, 6.5,
Appendix 3
(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 1 January 1975
9 Propeller-driven aircraft of a maximum certificated take-off mass not
exceeding 9,000 kg for which a certificate of airworthiness for that
aircraft was first issued before 1 January 1980
6.2, 6.3
6.2, 6.4, 6.5,
Appendix 3
10 Helicopters designed exclusively for external load carrying purposes for
which:
(a) the application for a certificate of airworthiness for the
prototype was accepted by the certificating authority; or
(b) another prescribed procedure was carried out by the
certificating authority; on or after 1 January 1985
8.2, 8.4, 8.5
8.2, 8.3, 8.6, 8.7,
Appendix 4
11 Helicopters 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 1 January 1985
8.2, 8.4, 8.5
8.2, 8.3, 8.6, 8.7,
Appendix 4
12 Helicopters for which:
(a) an application for a change of type design was accepted by the
certificating authority; or Appendix 4
(b) another equivalent prescribed procedure was carried out by the
certificating authority;
before 17 November 1988
8.2, 8.4, 8.5
8.2, 8.3, 8.6, 8.7,