Commonwealth Numbered Regulations - Explanatory Statements

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ADELAIDE AIRPORT CURFEW AMENDMENT REGULATION 2014 (SLI NO 203 OF 2014)

EXPLANATORY STATEMENT

Select Legislative Instrument No. 203, 2014

Issued by the Minister for Infrastructure and Regional Development

Adelaide Airport Curfew Act 2000

Adelaide Airport Curfew Amendment Regulation 2014

Section 24 of the Adelaide Airport Curfew Act 2000 (The Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed.

The Act establishes a regulatory framework for the restriction of aircraft movements at Adelaide Airport between the periods of 11 pm-6 am.  Section 13(1) of the Act allows a jet aircraft of a type specified in regulations made for the purposes of subsection (2) to take off or land at Adelaide Airport during a curfew period.  Section 13(2) of the Act states the regulations may specify a type of jet aircraft that: a) has a maximum take-off weight of 34,000 kilograms or less; and b) complies with the maximum noise levels specified in Chapter 3 of the International Civil Aviation Organization Annex that is applicable to the maximum take-off weight of the aircraft; and c) complies with 90 decibels on take-off and 95 decibels on landing.  Business and private jets are aircraft which are typically designed or configured to transport small groups of people of 19 seats or less. 

In recent years, newer, quieter and more efficient jet aircraft models have been developed for use by private and business charters.  However, at present these aircraft are not allowed to land at Adelaide Airport during curfew periods - instead older, noisier aircraft and less efficient jet aircraft must be used because of outdated legislative instruments.  The list of allowable aircraft for Adelaide Airport has not been updated since its introduction in 2000.

The amended Regulations:

*         will assist in reducing aircraft noise impacts in the surrounding communities through the use of newer, quieter and more efficient jet aircraft and give operators the ability to upgrade their fleet which will reduce business costs and provide improve efficiency; and

*         will ensure that only aircraft that meet stricter 2006 International Civil Aviation Organization (ICAO) Chapter 4 noise levels would be permitted to operate during curfew in the longer term.  Aircraft types which are currently on the list but which only meet the older and less strict 1977 ICAO Chapter 3 requirements would be grandfathered until 2022 to allow industry sufficient time to upgrade to newer aircraft.  After that time only aircraft meeting the stricter noise levels would be allowed.

These amendments will implement the Government's election commitment and should reduce the overall noise impact on Adelaide residents as business seek to introduce newer, quieter and more efficient jet aircraft 

To put the operations in context, across the whole year in 2013 there were 68 movements of business aircraft during the Adelaide curfew.  The Government will monitor the movements of permitted aircraft and work with industry to continue to minimise noise impacts through noise abatement procedures.  Results of this monitoring will be reported to the Adelaide Airport Consultative Group. 

Consultation commenced with the aviation industry and community with a notice of the proposed amendment published in the Adelaide Advertiser on 13 September 2014, inviting comments until 31 October 2014.  The Department received 34 submissions related to the proposal.

Details of the Regulation are set out in Attachment A.

A Statement of Compatibility with Human Rights is set out in Attachment B prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

The Act specifies no conditions that need to be satisfied before the power to make the Regulation may be exercised.

The Regulation is a legislative instrument for the purpose of the Legislative Instruments Act 2003.

The Regulation commenced on the day after it was registered on the Federal Register of Legislative Instruments.

Details of the Adelaide Airport Curfew Amendment Regulation 2014

Regulation 1 - Name of Regulation

This section provides that the title of the Regulation is the Adelaide Airport Curfew Amendment Regulation 2014.

Regulation 2 - Commencement

This instrument commences on the day after it is registered.

Regulation 3 - Definition

A note will be added to express that the definition of curfew period, curfew shoulder period and the Annex can be found in the Adelaide Airport Curfew Act 2000.

Regulation 7 - Types of jet aircraft not affected by curfew period

Sub regulation 7(2) would specify jet aircraft of a type that may take off or land at Adelaide Airport during a curfew period.  The types of aircraft are identified by using the United States Federal Aviation Administration type certificate data sheets. 

Sub regulation 7(3) would identify types of aircraft that would not be permitted to take off or land during the curfew period at Adelaide Airport after 31 December 2022 as identified by the United States Federal Aviation Administration type certificate data sheets and jet aircraft model which do not meet the requirements specified in the Adelaide Airport Curfew Act 2000.

Regulation 8 - Landing on runway other than runway 05 during curfew period - address for giving return

The address would be changed to reflect the current position and postal address for the Department of Infrastructure and Regional Development.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Adelaide Airport Curfew Amendment Regulation 2014

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Regulations

The amendment to the Adelaide Airport Curfew Regulations 2000 will allow for newer, quieter jet aircraft to operate into Adelaide Airport during the curfew period.  Currently only jet aircraft which meet an older International Civil Aviation Organization (ICAO) standard developed in 1977 are permitted to operate.  Since the introduction of the Regulations in 2000, ICAO has developed a more stringent noise standard which commended in 2006.

The amendment will permit newer, quieter and more efficient aircraft to operate which should reduce the total noise energy produced by jet aircraft during the curfew which will protect residents in surrounding communities.  The introduction of newer, quieter, aircraft will also produce economic and environmental benefits through the use of more efficient jet aircraft.  The amendment will also phase out older, noisier and less efficient aircraft by December 2022, allowing industry sufficient time to upgrade their fleet without introducing an increased regulatory burden.

Human rights implications

The amendments made by this Legislative Instrument do not engage any of the applicable rights or freedoms. 

Conclusion

This Bill is compatible with human rights as it does not raise any human rights issues.

Minister for Infrastructure and Regional Development, the Hon Warren Truss MP

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