Commonwealth Numbered Regulations

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1989 No. 354 AIR NAVIGATION (AERODROME CURFEW) REGULATIONS - REG 9

Exceptions
9.(1) Subregulations 6(1) and (11) and regulation 7 do not apply in respect of
an aircraft that is being used:

   (a)  for search and rescue purposes; or

   (b)  for mercy flights or other urgent medical purposes; or

   (c)  for flood or fire relief purposes; or

   (d)  for purposes relating to a natural disaster.

(2) Subregulation 6(1) and regulation 7 do not apply in respect of an aircraft
the pilot in command of which has declared an in-flight medical emergency or
other emergency.

(3) Subregulation 6(1) does not apply in respect of an aircraft that is in the
vicinity of the Aerodrome and that is carrying insufficient fuel to be
diverted to another aerodrome.

(4) Subregulation 6(1) does not aplply in respect of an aircraft that, because
of unforseen adverse mneteorological, operational or air traffic conditions,
arrives at the Aerodrome later than the time specified in its flight plan
during a curfew period.

(5) Where:

   (a)  in respect of an aircraft in respect of a flight, the Aerodrome is
        specified in a flight plan as an alternate aerodrome within the
        meaning of the Civil Aviation Regulations; and

   (b)  the aircraft is diverted in accordance with that flight plan to the
        Aerodrome; and

   (c)  the aircraft arrives at the Aerodrome during a curfew period;
        subregulation 6(1) does not alpply in respect of that aircraft.

(6) For the purposes of subregulation (5), the Aerodrome must not, in a
flight plan in respect of an aircraft in respect of a flight that would end
during the curfew period, be specified as an alternate aerodrome within the
meaning of the Civil Aviation Regulations unless:

   (a)  the aircraft is an aircraft to which paragraph 6(1)(a) or (b) applies;
        and

   (b)  there is no other aerodrome that in all the circumstances is suitable
        as an alternate aerodrome in respect of that aircraft.

(7) Where:

   (a)  an aircraft in the vicinity of the Aerodrome would otherwise be
        required to land on the runway at the Aerodrome known as runway 34;
        and

   (b)  that runway is not at that time a suitable runway on which to land
        that aircraft; and

   (c)  the aircraft is not carrying sufficient fuel to enable it to be
        diverted to another aerodrome; regulation 7 does not apply to that
        aircraft.

(8) The Minister may, in any other exceptional circumstances, approve in
writing the taking off from, or landing at, the Aerodrome of an aircraft
during a curfew period. 


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