Air Navigation (Aircraft Engine Emissions) Regulations

Statutory Rules No. 277, 1995

made under the

Air Navigation Act 1920

Compilation No. 2

Compilation date: 14 October 2024

Includes amendments: F2024L01299

About this compilation

This compilation

This is a compilation of the Air Navigation (Aircraft Engine Emissions) Regulations that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary 

1 Citation

2 Interpretation

3 Application

Part 2—Aircraft to comply with Annex 16

4 Aircraft not to fly unless it complies with Annex 16

5 Transitional arrangements

6 Exempt aircraft

Part 3—General

7 Authorised officers

8 Service of Notices

9 Review by Administrative Review Tribunal

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Citation

  These Regulations may be cited as the Air Navigation (Aircraft Engine Emissions) Regulations.

2  Interpretation

  In these Regulations, unless the contrary intention appears:

Annex 16 means Annex 16 to the Chicago Convention, as in force at the commencement of these Regulations.

authorised officer means an authorised officer appointed under regulation 7.

Authority means the Civil Aviation Authority established under the Civil Aviation Act 1988.

Commonwealth aircraft has the same meaning as it has in the Air Navigation Regulations.

foreign aircraft has the same meaning as it has in the Air Navigation Regulations.

operator, in relation to an aircraft, means a person:

 (a) who flies or operates the aircraft; or

 (b) on whose behalf the aircraft is flown or operated;

for a purpose mentioned in subregulation 2 (7) of the Civil Aviation Regulations.

3  Application

 (1) Subject to subregulation (2), these Regulations apply to an aircraft engaged in:

 (a) international air navigation; or

 (b) air navigation in relation to trade and commerce with other countries and among the States; or

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

 (d) air navigation within a Territory; or

 (e) air navigation to or from a Territory; or

 (f) any other air navigation that includes landing at, or taking off from, any place owned or acquired by the Commonwealth for public purposes; or

 (g) if the aircraft is a Commonwealth aircraft—any air navigation.

 (2) These Regulations do not apply to a state aircraft or, to the extent that it is engaged solely in international air navigation, a foreign aircraft.

Part 2—Aircraft to comply with Annex 16

4  Aircraft not to fly unless it complies with Annex 16

 (1) Subject to regulations 5 and 6, an aircraft must not be flown if:

 (a) in the case of an aircraft the manufacture of which was completed after 18 February 1982:

 (i) it does not comply with the fuel venting requirement specified in Part II of Volume II of Annex 16; and

 (ii) it is fitted with an aircraft turbine engine; or

 (b) it is fitted with a turbo‑jet or turbofan engine intended for aircraft propulsion at supersonic speeds:

 (i) that does not comply with the requirements, relating to smoke emissions and gaseous emissions, specified in Part III of Volume II of Annex 16 to apply to that type of engine; and

 (ii) the manufacture of which was completed on or after 18 February 1982; or

 (c) it is fitted with a turbo‑jet or turbofan engine intended for aircraft propulsion only at subsonic speeds:

 (i) that:

 (A) in relation to smoke emissions—does not comply with the requirements specified in Part III of Volume II of Annex 16 to apply to that type of engine; and

 (B) the manufacture of which was completed on or after 1 January 1983; or

 (ii) that:

 (A) in relation to gaseous emissions—does not comply with the requirements specified in Part III of Volume II of Annex 16 to apply to that type of engine; and

 (B) has a rated output greater than 26.7 kilonewtons; and

 (C) the manufacture of which was completed on or after 1 January 1986.

 (2) If an aircraft is flown in contravention of this regulation, the operator of the aircraft is guilty of an offence.

  Penalty: 50 penalty units.

Note: For the value of a penalty unit, see s. 4AA of the Crimes Act 1914. At the date of commencement of these Regulations, the value of 1 unit is $100.

5  Transitional arrangements

  Regulation 4 does not apply to an aircraft:

 (a) of the kind described in paragraph 4 (1) (a)—if the aircraft:

 (i) was registered under the Civil Aviation Regulations immediately before the commencement of these Regulations; and

 (ii) continues to be so registered;

  unless, if the aircraft was so designed and constructed as to prevent intentional fuel venting, a modification of the aircraft that occurs after the commencement of the Regulations allows intentional fuel venting; or

 (b) in relation to an engine of the kind described in paragraph 4 (1) (b) or (c):

 (i) if:

 (A) the engine is of a type that was in the possession of the aircraft operator immediately before the commencement of these Regulations; and

 (B) engines of that type have remained in the possession of the operator since the commencement of these Regulations and been in use for a purpose relating to the operation of the aircraft; or

 (ii) if:

 (A) the engine is of a type acquired by the operator after the commencement of these Regulations under a contract entered into by the operator before the commencement of these Regulations; and

 (B) engines of that type have remained in the possession of the operator since that acquisition and been in use for a purpose relating to the operation of the aircraft.

6  Exempt aircraft

 (1) Application may be made to the Secretary for a permit to fly an aircraft referred to in regulation 4 although the aircraft does not comply with Annex 16.

 (2) The Secretary or an authorised officer may grant the requested permit, in writing, if he or she is satisfied that:

 (a) the historical significance of the aircraft justifies the permission; or

 (b) the proposed air navigation will serve solely a public interest.

 (3) A permission may be given subject to conditions to be met by the operator of the aircraft that the Secretary or authorised officer thinks appropriate for the purposes of these Regulations.

 (4) If a permission is granted under paragraph (2) (b), it must specify the permitted air navigation and the period, not exceeding one month, during which the aircraft may be engaged in the permitted air navigation.

 (5) If an aircraft in respect of which a permit is in force is flown in contravention of a condition of the permit, the permit is taken to be revoked and regulation 4 applies as if the permit had not been granted.

 (6) If the Secretary or authorised officer decides not to grant a permit, or decides to revoke a permit, he or she must give written notice of the decision to the applicant within 28 days of receiving the application.

Part 3—General

7  Authorised officers

  The Secretary may appoint, in writing, an officer of the Department or of the Authority to be an authorised officer for the purposes of these Regulations.

8  Service of Notices

  A notice referred to in these Regulations must be served on the operator of the aircraft to which it relates.

9  Review by Administrative Review Tribunal

 (1) Subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal for review of a decision of the Secretary or an authorised officer:

 (a) to refuse to grant, under subregulation 6 (2), a permit; or

 (b) to impose, under subregulation 6 (3), a condition on a permit; or

 (c) under subregulation 6 (4)—about:

 (i) the permitted air navigation specified in a permit; or

 (ii) the period specified in a permit as the period during which an aircraft may be engaged in a permitted air navigation; or

 (d) to revoke a permit granted under subregulation 6 (2).

 (2) A notice referred to in subregulation 6 (6) must include a statement to the effect that, except where subsection 28 (4) of that Act applies, application may be made for a statement under section 28 of the Act.

 (3) Any failure to comply with subregulation (2) in relation to a decision does not affect the validity of the decision.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history