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 1994 No. 305
Registered 19 Mar 2010
Start Date 06 Sep 1994
End Date 25 Sep 1996
Date of repeal 01 Apr 2018
Repealed by Air Navigation (Aircraft Noise—Repeal and Consequential Amendments) Regulations 2018

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS
(#DATE 14:09:1994)

- In force under the Air Navigation Act 1920
- Updated as at 14 September 1994
*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 belo w.
Table of Statutory Rules
Year and Date of Date of Application
Number Notification commencement saving or
in Gazette transitional
provisions
1984 No. 188 10 Aug 1984 10 Aug 1984
1985 No. 301 21 Nov 1985 1 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 6 Dec 1990 -
1991 No. 428 19 Dec 1991 19 Dec 1991 -
1992 No. 341 27 Oct 1992 27 Oct 1992 -
1994 No. 305 6 Sept 1994 6 Sept 1994 -
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ad=added or inserted am=amended rep=repealed rs=repealed and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; 1991 No. 428; 1994 No. 305
R. 3 am. 1990 No. 397; 1991 No. 428
R. 4 am. 1988 No. 163; 1990 No. 397
rs. 1991 No. 428
Rr. 5, 6 am. 1990 No. 397; 1991 No. 428
R. 6A ad. 1990 No. 397
am. 1991 No. 428
R. 7 am. 1990 No. 397; 1991 No. 428
R. 8 am. 1986 No. 233; 1991 No. 428
R. 9 am. 1988 No. 163; 1990 No. 397;
1991 No. 428; 1992 No. 341;
1994 No. 305
R. 9A ad. 1990 No. 397
am. 1991 No. 428; 1992 No. 341;
1994 No. 305
R. 9AA ad. 1994 No. 305
R. 10 am. 1986 No. 233; 1990 No. 397;
1991 No. 428; 1992 No. 341
R. 10A ad. 1991 No. 428
am. 1994 No. 305
Rr. 10B-10D ad. 1991 No. 428
R. 11 am. 1986 No. 233; 1990 No. 397;
1991 No. 428
R. 12 rep. 1991 No. 428
R. 13 am. 1990 No. 397; 1991 No. 428;
1994 No. 305
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. Delegation
5. Applications by owner or operator of an aircraft
6. Issue of noise certificate for aircraft to which the Annex
applies
6A. Issue of noise certificate for aircraft described in the
Schedule
7. Contents of noise certificate
8. Noise certificate deemed to be issued in certain
circumstances
9. Circumstances in which an aircraft may engage in air
navigation in Australia
9A. Permission for a subsonic aricraft to engage in air
navigation
9AA. Permission for a supersonic aircraft to engage in air
navigation
10. Revocation of noise certificate
10A. Permission to engage in air navigation for a subsonic jet
aircraft that does not comply with the Chapter 3 standards
10B. Termination of permission for a subsonic jet aircraft that
does not comply with the Chapter 3 standards to engage in
air navigation
10C. Extension of permission to engage in air navigation because
of financial hardship
10D. Provision of information
11. Inspectors
13. Review of decisions
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 hot air balloon; or
(c) a propeller-driven aircraft that is specifically designed, and used exclusively, for:
(i) aerobatic purposes; or
(ii) fire fighting purposes; or
(iii) agricultural purposes;
"Authority" means the Civil Aviation Authority;
"certificate of airworthiness" means:
(a) a certificate of airworthiness issued under regulation 24 of the Civil Aviation Regulations; or
(b) a certificate of the airworthiness of an aircraft issued by, or on behalf of, a Contracting State;
"Chapter 2 standards", in relation to an aircraft, means the standards in respect of aircraft noise set out in paragraphs 2.2, 2.4 and 2.5 of Chapter 2 of the Annex when the level of noise emitted by the aircraft is determined by reference to the test procedures set out in paragraphs 2.2, 2.3 and 2.6 of Chapter 2 of the Annex and Appendix 1 to the Annex;
"Chapter 3 standards", in relation to an aircraft, means the standards in respect of aircraft noise set out 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;
"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;
"registered" means registered in the register of Australian aircraft kept under regulation 8 of the Civil Aviation Regulations;
"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;
"subsonic jet aircraft" means an aircraft that:
(a) is propelled by one or more engines of the following kinds:
(i) turbofan engines;
(ii) turbojet engines;
(iii) unducted fan engines;
(iv) rocket engines; and
(b) is not capable of sustained level flight at a speed equal to or greater than the speed of sound;
"supersonic aircraft" means an aircraft that is capable of sustained level flight at a speed equal to, or greater than, the speed of sound;
"the Annex" means Volume I of Annex 16 to the Chicago Convention, being that Annex as amended and in force on 11 November 1993.

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;
(ba) air navigation conducted by a foreign corporation or a trading or financial corporation formed within the limits of the Commonwealth;
(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.

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS - REG 4
Delegation

4. The Secretary may, by signed instrument, delegate his or her powers under these Regulations to an officer of the Department or an officer of the Authority.

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 for:
(a) a noise certificate for 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 such information relating to the aircraft as is reasonably required by the Secretary for a proper consideration of the application.

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS - REG 6
Issue of noise certificate for aircraft to which the Annex applies

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 must issue to the applicant a noise certificate for the aircraft.

(2) Where the Secretary 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 described 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 must issue to the applicant a noise certificate for the 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 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 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 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; 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) complies 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 for the 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
Circumstances in which an aircraft may engage in air navigation in Australia

9.(1) A subsonic jet aircraft must not engage in air navigation unless:
(a) if it complies with the Chapter 3 standards - a noise certificate is in force for it; or
(b) if it does not comply with the Chapter 3 standards:
(i) a permission is in force under regulation 9A for it; or
(ii) a noise certificate is in force for it and it is permitted
under regulation 10A to engage in air navigation; or
(c) it is undergoing testing by an inspector to identify whether it complies with the standards in respect of noise:
(i) applicable under regulation 6A; or
(ii) expressed in the Annex to be applicable to aircraft of the
class to which it belongs; or
(d) it is undergoing testing required by the Civil Aviation Authority, or a person authorised under the Civil Aviation Regulations, to determine whether a certificate of airworthiness should be issued, renewed or validated under those Regulations; or
(e) it was registered under the Civil Aviation Regulations on or before 6 December 1990 and continues to be registered.

(1A) A supersonic aircraft must not engage in air navigation unless permission has been granted under regulation 9AA for the aircraft to engage in air navigation.

(1B) If, under regulation 9AA, permission for a supersonic aircraft to engage in air navigation is granted subject to conditions, the aircraft must comply with those conditions when engaging in air navigation.

(2) An aircraft, except a subsonic jet aircraft or a supersonic aircraft, must not engage in air navigation unless:
(a) a noise certificate is in force for it; or
(b) a permission is in force under regulation 9A for it to engage in air navigation; or
(c) it is undergoing testing by an inspector to identify whether it complies with the standards in respect of noise:
(i) applicable under regulation 6A; or
(ii) expressed in the Annex to be applicable to aircraft of the
class to which it belongs; or
(d) it is undergoing testing required by the Civil Aviation Authority, or a person authorised under the Civil Aviation Regulations, to determine whether a certificate of airworthiness should be issued, renewed or validated under those Regulations; or
(e) it was registered under the Civil Aviation Regulations on or before 6 December 1990 and continues to be registered.

(3) The operator 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 $2,000.

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS - REG 9A
Permission for a subsonic aircraft to engage in air navigation

9A.(1) If an aircraft, except a supersonic 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 for permission for the aircraft to engage in air navigation without a noise certificate.

(1A) If:
(a) an aircraft is a subsonic jet aircraft that meets Chapter 2 standards; and
(b) the aircraft is allowed to engage in air navigation only if permission is granted under this regulation;
the owner or operator of the aircraft may apply to the Secretary for permission for the aircraft to engage in air navigation.

(2) If an application is made under subregulation (1) or (1A), the Secretary may give permission in writing for the aircraft to engage in air navigation if:
(a) in the case of an aircraft, other than a subsonic jet aircraft, to which an application under subregulation (1) relates - the extent to which the aircraft exceeds the 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 gives permission, 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.

(4) If the Secretary gives permission on the ground of the historical significance of the aircraft, he or she may, by notice given to the operator, set out conditions with which the aircraft must comply.

(5) If the Secretary sets out conditions, the aircraft may only be used for air navigation in accordance with the conditions.

(6) The Secretary may revoke the permission if:
(a) in relation to an aircraft of a kind referred to in paragraph (2) (a) - the aircraft significantly exceeds the relevant standards; or
(b) in any other case - the aircraft is not used for the purpose for which the permission was given or is operated in contravention of a condition set out in the permission.

(7) If the Secretary refuses to give permission, or revokes permission, he or she must give notice in writing of the decision to the applicant.

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS - REG 9AA
Permission for a supersonic aircraft to engage in air navigation

9AA.(1) The operator of a supersonic aircraft may apply to the Secretary for permission for the aircraft to engage in air navigation.

(2) The Secretary may, by notice in writing, grant permission to an applicant.

(3) If the Secretary grants permission, the Secretary:
(a) must specify in the permission the period during which the aircraft may engage in air navigation; and
(b) may set out in the permission the conditions with which the applicant must comply.

(4) The Secretary may revoke a permission that is granted to the operator of a supersonic aircraft if the aircraft is operated in contravention of a condition set out in the permission.

(5) If the Secretary:
(a) refuses to grant permission - the Secretary must give notice in writing of the refusal to the applicant that includes the reasons for the refusal; or
(b) revokes permission - the Secretary must give notice in writing of the revocation to the holder of the permission that includes the reasons for the revocation.

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

10.(1) If an aircraft for 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 may give to the operator of the aircraft notice in writing that the Secretary intends to revoke the noise certificate.

(2) Where:
(a) an aircraft for 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 for 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 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 for the aircraft is the period of 30 days or such longer period as the Secretary, 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;
(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 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 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 10A
Permission to engage in air navigation for a subsonic jet aircraft that does not
comply with the Chapter 3 standards

10A.(1) Subject to regulation 10B, this regulation applies to a subsonic jet aircraft that complies with the Chapter 2 standards but does not comply with the Chapter 3 standards.

(2) The aircraft is permitted to engage in air navigation if it is a foreign aircraft engaged in international air navigation.

(3) A registered aircraft is permitted to engage in air navigation if it was on the register of Australian aircraft on 1 January 1991.

(4) The aircraft is permitted to engage in air navigation if it is fitted with an engine or engines with a by-pass ratio of 2 or more.

(5) The aircraft is permitted to engage in air navigation if:
(a) it was obtained by the operator to replace a registered aircraft:
(i) that did not comply with the Chapter 3 standards; and
(ii) that was destroyed by accident; and
(b) the operator was, at the time that the aircraft was obtained, unable to replace the destroyed aircraft with an aircraft of a type that complies with the Chapter 3 standards; and
(c) it was registered within 1 year after the day on which the previous aircraft was destroyed.

(6) Subject to subregulation 10B (5), the aircraft is permitted to engage in air navigation if:
(a) it was obtained by the operator to replace a registered aircraft:
(i) that complied with the Chapter 3 standards; and
(ii) that was destroyed by accident; and
(b) the operator was, at the time that the aircraft was obtained, unable to replace the destroyed aircraft with an aircraft of a type that complies with the Chapter 3 standards; and
(c) it was registered within 1 year after the day on which the previous aircraft was destroyed.

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS - REG 10B
Termination of permission for a subsonic jet aircraft that does not comply with
the Chapter 3 standards to engage in air navigation

10B.(1) This regulation applies to a subsonic jet aircraft that does not comply with the Chapter 3 standards.

(2) An aircraft that is fitted with an engine or engines with a by-pass ratio of less than 2 is permitted to engage in air navigation until:
(a) if more than 25 years have passed since the day on which a certificate of airworthiness for the aircraft was first issued - 1 April 1995; or
(b) in any other case:
(i) the end of the 25th year after the day on which a certificate
of airworthiness for the aircraft was first issued; or
(ii) 31 March 2002;
whichever occurs first.

(3) An aircraft that is fitted with an engine or engines with a by-pass ratio of 2 or more and complies with the Chapter 2 standards is permitted to engage in air navigation until 31 March 2002.

(4) If the Secretary permits the aircraft to engage in air navigation because it is to be used solely for a purpose that is in the public interest, it is permitted to engage in air navigation while the permission is in force.

(5) An aircraft that is permitted to engage in air navigation under subregulation 10A (6) is permitted to engage in air navigation until the end of 1 year after the day on which it is registered.

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS - REG 10C
Extension of permission to engage in air navigation because of financial
hardship

10C.(1) The Minister may publish a notice in the Gazette of the countries to which this regulation applies.

(2) The operator of an aircraft may apply to the Minister to have the country in which the operator's principal business office is located included in the notice.

(3) The operator must:
(a) state in the application the reasons for making it; 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) The operator of an aircraft that is permitted under regulation 10A to engage in air navigation until a day before 31 March 2002 may apply to the Secretary to set a day, later than that day, on which the permission ends if:
(a) on 1 January 1991, the aircraft is on the register of aircraft of a country that is included in the notice; and
(b) the principal business office of the operator of the aircraft is located in the country; and
(c) the operator would experience financial hardship if the aircraft does not engage in air navigation after the day on which the permission ends.

(6) If the operator applies, the Secretary may set a day, after which the aircraft must not engage in air navigation:
(a) later than the day on which the permission ends; and
(b) not later than 31 March 2002.

(7) The Secretary must give notice in writing to the applicant of a decision under this regulation.

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS - REG 10D
Provision of information

10D.(1) The Secretary may, in writing, ask the operator of an aircraft to advise the Secretary of the day on which a certificate of airworthiness for the aircraft was first issued.

(2) If the operator does not advise the Secretary of the day:
(a) the operator is guilty of an offence punishable, on conviction, by a fine not exceeding $2,000; and
(b) the Secretary may, by notice given to the operator, suspend permission for the aircraft to engage in air navigation until the day on which the operator advises the Secretary of the day on which the certificate was first issued.

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS - REG 11
Inspectors

11.(1) The Secretary 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 must issue to an inspector 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 complies with the relevant standards in respect of noise.

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS - REG 13
Review of decisions

13.(1) Application under the Administrative Appeals Tribunal Act 1975 may be made to the Administrative Appeals Tribunal for the review of a decision:
(a) refusing to issue a noise certificate; or
(b) refusing to give permission under subregulation 9A (2); or
(c) setting a period under subregulation 9A (3); or
(d) imposing conditions under subregulation 9A (4)
(e) revoking a permission under subregulation 9A (6); or
(f) revoking a noise certificate; or
(fa) refusing to grant permission under subregulation 9AA (2); or
(fb) specifying a period under paragraph 9AA (3) (a); or
(fc) imposing, or varying, a condition under paragraph 9AA (3) (b); or
(fd) revoking a permission under subregulation 9AA (4); or
(g) refusing under subregulation 10C (4) to include a country in a notice; or
(h) setting, or refusing to set, a day under subregulation 10C (6); or
(i) suspending, under paragraph 10D (2) (b), permission for an aircraft to engage in air navigation.

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS - SCHEDULE 1

SCH

SCHEDULE Regulation 6A
NOISE LEVELS AND TESTING PROCEDURES FOR CERTAIN AIRCRAFT
Column 1 Column 2 Column 3 Column 4
Provisions Provisions of
Type of of the Annex the Annex for
Item No. aircraft for noise levels test procedure
1 Subsonic jet aircraft 2.2, 2.4, 2.5 2.2, 2.3, 2.6,
requiring a runway length Appendix 1
(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 Subsonic jet aircraft 2.2, 2.4, 2.5 2.2, 2.3, 2.6
powered by engines with a Appendix 1
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
3 Subsonic jet aircraft 2.2, 2.4, 2.5 2.2, 2.3, 2.6,
powered by engines with a Appendix 1
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 aircraft was first
issued before 1 January 1976
4 Subsonic jet aircraft, 3.2, 3.4, 3.5 2, 3.3, 3.6, 3.7
including derived Appendix 2
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
5 Derived version of 2.2, 2.4, 2.5 2.2, 2.3, 2.6,
a subsonic jet aircraft for Appendix 1
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
6 Propeller-driven aircraft, 5.2, 5.4, 5.5 5.2, 5.3, 5.6,
including derived 5.7,
versions, of a maximum Appendix 2
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
7 Propeller-driven 5.2, 5.4, 5.5 5.2, 5.3, 5.6,
aircraft, including derived 5.7
versions, of a maximum Appendix 2
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
8 Propeller-driven 6.2, 6.3 6.2, 6.4, 6.5,
aircraft of a maximum Appendix 3
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 1 January 1975
9 Propeller-driven 6.2, 6.3 6.2, 6.4, 6.5,
aircraft of a maximum Appendix 3
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
10 Helicopters designed 8.2, 8.4, 8.5 8.2, 8.3, 8.6,
exclusively for external 8.7,
load carrying Appendix 4
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
11 Helicopters for which: 8.2, 8.4, 8.5 8.2, 8.3, 8.6,
(a) the application 8.7,
for a certificate of Appendix 4
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
12 Helicopters for which: 8.2, 8.4, 8.5 8.2, 8.3, 8.6,
(a) an application for 8.7,
a change of type design was Appendix 4
accepted by the
certificating authority; or
(b) another equivalent
prescribed procedure was
carried out by the
certificating authority;
before 17 November 1988