Commonwealth Numbered Regulations

1989 No. 354 AIR NAVIGATION (AERODROME CURFEW) REGULATIONS - REG 6

6. (1) An aircraft other than:

   (a)  an aircraft that is propelled soley by propeller engines and that
        complies with the relevant requirments in relation to nosie levels
        specified in chapter 3, 5, 6 or 10 of Part II of Volume I of
        the Annex; or

   (b)  an aircraft referred to in a notice unde subregulation (2); or

   (c)  an aircraft to which subregulation (5) applies; must not land at, or
        take off from, the Aerodrome during a curfew period.

(2) The Minister may, by notice published in the Gazette permit aircraft of a
particular type to land at, or take off from the Aerodrome during a curfew
period.

(3) The operator of an international aircraft may apply to the Secretary or an
authorised person for approval for that aircraft to land at, or take off from,
the Aerodrome during a curfew period.

(4) In an application under subregulation (3), the operator is to state his or
her reasons for seeking the approval to land at, or take off from, the
Aerodrome during a curfew period.

(5) Where the Secretary or an authorised person approves in writing an
application under, subregulation (3), the international aircraft referred to
in the application may land at, or take off from, the Aerodrome between 5
o'clock and 6 o'clock in the morning, or between 11 o'clock at night and
midnight, as the case requires.

(6) The Secretary or an authorised person must not approve more than 14
aircraft movements of international aircraft between the hours of 11 o'clock
at night and midnight during any one week, no more than 4 of which shall take
place on any one night.

(7) The Secretary or an authorised person must not approve more than 42
aircraft movements by international aircraft between the hours of 5 o'clock
and 6 o'clock in the morning during any one week, no more than 8 of which
shall take place on any one day.

(8) Subregulation (1) does not before 1 January 1990 apply to an aircraft that
is propelled solely by propeller engines and that was, before 30 October 1988,
entered on the register of Australian aircraft.

(9) Regardless of subregulation (1), during the curfew periods in any one
week:

   (a)  operations by Australian Airlines Limited may include not more than 14
        aircraft movements by aircraft of the kind known as A300; and

   (b)  operations by Ansett Transport Industries Limited may include not more
        than 28 aircraft movements by aircraft of the kind known as BAe-146;
        where those operations are conducted for the sole purpose of carrying
        freight.

(10) For the purposes of this regulation, an aircraft is to be regarded as
having taken off at the time at which its pilot in command first requested a
push back or taxi clearance that was subsequently approved in respect of the
relevant flight.

(11) Regardless of subregulation (5):

   (a)  an international aircraft must not be pushed back nor may a taxi
        clearance be sought in respect of such an aircraft after 10 minutes
        before midnight on any night; and

   (b)  where an international aircraft completes its take off after midnight,
        the operator of that aircraft must, in a return supplied to the
        Secretary or an authorised person, give reasons for so doing.

(12) Regardless of subregulation (10), where the pilot in command of an
aircraft first requests a push back or taxi clearance before the commencement
of a curfew period but the aircraft will complete its take-off within a time
that having regard to operational requirements, is to complete its take-off in
accordance with regulation 7.
(13) A reference to "aircraft movements":

   (a)  in subregulations (6) and (9) - is a reference to aircraft landing at,
        or taking off from, the Aerodrome; and

   (b)  in subregulation (7) - is a reference to aircraft landing at the
        Aerodrome.