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SR 1991 No. 408 Regulations as made
These Regulations amend the Air Navigation (Aerodrome Curfew) Regulations.
Tabling HistoryDate
Tabled HR19-Dec-1991
Tabled Senate19-Dec-1991
Gazetted 12 Dec 1991
Date of repeal 10 Sep 1997
Repealed by Air Navigation (Aerodrome Curfew) Regulations (Repeal)

1991 No. 408*1* AIR NAVIGATION (AERODROME CURFEW) REGULATIONS*2* (AMENDMENT)

*1*Notified in the Commonwealth of Australia Gazette on 12 December 1991.

*2*Statutory Rules 1989 No. 354.

1991 No. 408 AIR NAVIGATION (AERODROME CURFEW) REGULATIONS (AMENDMENT) - REG
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1. Amendment

1.1 The Air Navigation (Aerodrome Curfew) Regulations are amended as set out in these Regulations.
(NOTE: These Regulations commence on gazettal: see Acts Interpretation Act, s. 48)

1991 No. 408 AIR NAVIGATION (AERODROME CURFEW) REGULATIONS (AMENDMENT) - REG
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2. Regulation 3 (Interpretation)

2.1 Definition of "international aircraft": Omit the definition, substitute:

"'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;".
2.2 Definition of "the Annex": Omit the definition, substitute:
"'the Annex' means Volume I of Annex 16 to the Chicago Convention as amended and in force on 17 November 1988;".

1991 No. 408 AIR NAVIGATION (AERODROME CURFEW) REGULATIONS (AMENDMENT) - REG
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3. Regulation 6 (Curfew)

3.1 Paragraph 6 (1) (a): Omit the paragraph, substitute:

"(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".

3.2 Paragraph 6 (1) (b):
Omit "subregulation (2)", substitute "subregulation 6A (1)".

3.3 Subregulation 6 (2):
Omit the subregulation.

3.4 Subregulation 6 (9):
After "subregulation (1)", insert "or regulation 6A".

3.5 Subregulation 6 (10):
Omit the subregulation, substitute:
"(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.".

3.6 Subregulation 6 (12):
Omit the subregulation, substitute:
"(12) An aircraft referred to in paragraph (10) (a) must complete its take off in accordance with regulation 7".

3.7 Add at the end:
"(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.".

1991 No. 408 AIR NAVIGATION (AERODROME CURFEW) REGULATIONS (AMENDMENT) - REG
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4. New regulation 6A

4.1 After regulation 6, insert:
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 aircraft, other than aircraft to which regulation 6 applies, that are permitted to land at, or take off from, the Aerodrome during a curfew period.
"(2) The operator of an aircraft may apply to the Minister to have the aircraft described if:
(a) regulation 6 does not apply to it; 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.".

1991 No. 408 AIR NAVIGATION (AERODROME CURFEW) REGULATIONS (AMENDMENT) - REG
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5. Regulation 8 (Classification of aircraft)

5.1 Subregulation 8 (1):
Omit the subregulation, substitute:
"(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.".
5.2 Subregulation 8 (2):
Omit "paragraph (1) (a)", substitute "subparagraph (1) (b) (ii) or (iii)".
5.3 Subregulation 8 (2):
Omit "that paragraph", substitute "the subparagraph".

1991 No. 408 AIR NAVIGATION (AERODROME CURFEW) REGULATIONS (AMENDMENT) - REG
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6. Regulation 9 (Exceptions)

6.1 Paragraph 9 (6) (a):
Omit the paragraph, substitute:
"(a) the aircraft is an aircraft to which paragraph 6 (1) (a), (aa) or (b) applies; or".

1991 No. 408 AIR NAVIGATION (AERODROME CURFEW) REGULATIONS (AMENDMENT) - REG
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7. Regulation 10 (Reverse thrust)

7.1 Subregulation 10 (2), (3) and (4):
Omit the subregulations, substitute:
"(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.".

1991 No. 408 AIR NAVIGATION (AERODROME CURFEW) REGULATIONS (AMENDMENT) - REG
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8. Regulation 11 (Provision of false information)

8.1 Omit "authorised officer", substitute "authorised person".

1991 No. 408 AIR NAVIGATION (AERODROME CURFEW) REGULATIONS (AMENDMENT) - REG
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9. Regulation 12 (Unauthorised landing or taking off)

9.1 Omit "authorised officer", substitute "authorised person".

1991 No. 408 AIR NAVIGATION (AERODROME CURFEW) REGULATIONS (AMENDMENT) - REG
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10. New Schedule

10.1 Add at the end:
"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 Part II
of Aircraft of Part II of, and Appendices to,
of the Annexe the Annexe, (test
(noise levels) 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,
aircraft and their 10.5, 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,
aircraft of a 3.6, 3.7,
maximum certificated Appendix 2".
take-off mass
exceeding 9,000 kg