Federal Register of Legislation - Australian Government

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SR 1995 No. 78 Regulations as made
These Regulations amend the Air Navigation (Aerodrome Curfew) Regulations.
Tabling HistoryDate
Tabled HR10-May-1995
Tabled Senate11-May-1995
Gazetted 21 Apr 1995
Date of repeal 10 Sep 1997
Repealed by Air Navigation (Aerodrome Curfew) Regulations (Repeal)

Statutory Rules 1995   No. 781

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Air Navigation (Aerodrome Curfew) Regulations2 (Amendment)

I, The administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Air Navigation Act 1920.

Dated 19 April 1995.

 

                                                                                       P. BENNETT

                                                                                       Administrator

By His Excellency’s Command,

 

 

LAURIE BRERETON

Minister for Transport

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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 1901, s. 48.]

2.   Regulation 3 (Interpretation)

2.1   Subregulation 3 (1):

Insert the following definition:

‘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;”.

3.   Regulation 6 (Curfew)

3.1   Subregulations 6 (9) and (9A):

Omit the subregulations, substitute:

           “(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.”.

4.   Regulation 6A (Descriptions of aircraft that may take off from or land at the Aerodrome during a curfew period)

4.1   Subregulation 6A (1):

Omit the subregulation, substitute:

           “(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”.

4.2   Paragraph 6A (2) (a):

Omit the paragraph, substitute:

            “(a)   the aircraft is of a kind described in paragraphs (1B) (a), (b), (c) and (d); and”.

5.   New regulation 6B

5.1   After regulation 6A, insert:

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.”.

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NOTES

1.   Notified in the Commonwealth of Australia Gazette on 21 April 1995.

2.   Statutory Rules 1989 No. 354 as amended by 1991 No. 408; 1992 No. 195; 1994 Nos. 109, 383 and 437.