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ADELAIDE AIRPORT CURFEW REGULATIONS 2000 2000 NO. 226
EXPLANATORY STATEMENTSTATUTORY RULES 2000 No. 226
Issued by the Authority of the Minister for Transport and Regional Services.
Adelaide Airport Curfew Act 2000
Adelaide Airport Curfew Regulations 2000
Section 24 of the Adelaide Airport Curfew Act 2000 (the Act) provides that the Governor-General may make regulations prescribing matters that are:
"(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act".
The purpose of the Adelaide Airport Curfew Regulations 2000 is to put in place arrangements that will permit certain activities to take place at Adelaide Airport during the curfew established under the Act. The Act imposes a curfew and related restrictions on aircraft movements at Adelaide Airport. The Act was assented to on 19 April 2000 and will commence on the first Sunday following the date fixed by Proclamation as 25 August 2000.
The Regulations provide for the following:
* a maximum of eight landings and zero take-offs weekly by international aircraft during curfew shoulder periods;
* a maximum of fifteen take-offs and twentyfive landings each week during the curfew by low noise heavy freight aircraft that meet the noise level requirements set out in section 3 of the Act;
* prescribed types of low noise heavy freight aircraft that may operate during the curfew;
* a list of specified types of jet aircraft, of a maximum takeoff weight of 34,000 kilograms or less, that comply with the relevant International Civil Aviation Organisation (ICAO) Chapter 3 maximum noise levels, and that meet the 90/95 noise level rule, that are permitted to operate during the curfew; and
* an Airservices Australia address to which that aircraft operators are required to provide relating to a landing on a runway other runway 05 during the curfew.
Further details of the Regulations appear in the Attachment.
The Regulations commence upon the commencement of the Adelaide Airport Curfew Act 2000.
Details of the Regulations are attached, together with a Regulation Impact Statement.
ATTACHMENT
Regulation 1 - Name of Regulations
This clause provides that the Regulations are given the name Adelaide Airport Curfew Regulations 2000.
Regulation 2 - Commencement
This clause provides that the Regulations commence on the commencement of the Adelaide Airport Curfew Act 2000. This is expected to be on 27 August 2000.
Regulation 3 - Definition
This clause defines that the term 'the Act' used in the Regulations means the Adelaide Airport Curfew Act 2000.
Regulation 4 - Maximum weekly movements by international aircraft during curfew shoulder periods
This clause provides that a maximum of eight landings and zero take-offs by international aircraft during curfew shoulder periods are permitted each week.
Regulation 5 - Maximum weekly movements by low noise heavy freight aircraft during curfew periods
This clause provides that a maximum of fifteen take-offs and a maximum of twentyfive landings by low noise heavy freight aircraft are permitted during curfew periods in a week.
Regulation 6 - Prescribed types of low noise heavy freight aircraft
This clause provides that for the purposes of subsection 11 (1) of the Act, under which an operator of a low noise heavy freight aircraft may apply to the Minister to take off from, or land at, Adelaide Airport during the curfew, each type of aircraft that complies with the definition of low noise heavy freight aircraft is specified.
Regulation 7 - Types of jet aircraft not affected by curfew period
This clause sets out a list of types of jet aircraft that are exempt from the curfew period.
Regulation 8 - Landing on runway other than runway 05 during curfew period - address for giving return
This clause provides an Airservices Australia address that is to be used by an aircraft operator when giving a return on the reasons for not landing on runway 05 during a curfew period.
REGULATION IMPACT STATEMENT
ADELAIDE AIRPORT CURFEW REGULATIONS 2000
1. ISSUE IDENTIFICATION
Aircraft noise is a very sensitive environmental issue around Australia's major airports. In response to growing concerns by residents living in the vicinity of some of the airports, curfew measures have been put in place to address community fears that night-time air traffic may continue to grow unchecked. The Sydney Airport Curfew Act 1995 and the Air Navigation (Coolangatta Airport Curfew) Regulations 1999 have been put into place to address concerns at those airports.
At Adelaide Airport there has been administrative arrangements in place to restrict jet aircraft movements at night for many years. Those arrangements are set out in the Adelaide Airport, section of Airservices Australia's Aeronautical Information Publication 'Departure and Approach Procedures', however, the administrative arrangements rely on voluntary adherence by aircraft operators.
In March 1999, Mrs Chris Gallus MP, Federal Member for Hindmarsh, introduced a Private Member's Bill for a curfew at Adelaide Airport. The House of Representatives passed the Bill on 16 March 2000, thereby completing its Parliamentary passage. The Adelaide Airport Curfew Act 2000 received Royal Assent on 19 April 2000. It is proposed that, by proclamation, the Adelaide Airport Curfew Act 2000 (the Act) will come into effect on 27 August 2000.
The Act establishes a curfew on aircraft operations at Adelaide Airport between the hours of 11pm and 6am. It provides for certain aircraft movements during the curfew and for penalties for breaches of the curfew.
The Act provides that certain specified aircraft activities may take place during the curfew, including international jet operations during curfew shoulder periods and low noise freight jet operations. Such activities will require Ministerial approval through Regulations to be made pursuant to the Act. The Act also provides for curfew dispensations to be granted in exceptional circumstances, and the Department of Transport and Regional Services (the Department) will develop associated curfew dispensation guidelines.
Under the provisions of the Act, regulations are required:
* to prescribe the maximum number of international aircraft take-offs and landings that are permitted during curfew shoulder periods in a week (section 8);
* to prescribe the maximum number of low noise heavy freight aircraft take-offs and landings that are permitted during curfew periods in a week (section 10);
* to allow the operator of a low noise heavy freight aircraft of a type specified in regulations to apply to operate during the curfew (section 11);
* to prescribe the types of jet aircraft under 34,000 kilograms that may take off or land during a curfew period (Section 13) and;
* to provide for an address to which returns must be given if an aircraft lands on a runway other than runway 05 during a curfew period.
2. DESIRED OBJECTIVES
The object of these regulations is to prescribe a quota on certain aircraft movements during curfew periods at Adelaide Airport and other matters that are to be dealt with by regulation under the Act.
3. IDENTIFICATION OF OPTIONS
Option 1: Regulations for Existing Administrative Arrangements
Under this option, regulations would exactly reflect the administrative practices at Adelaide Airport that have evolved over a number of years, involving consultation with the Adelaide Airport Consultative Committee (AACC). This option would not, however, provide for any expansion or any flexibility in quotas.
Option 2: Develop New Arrangements
This is the preferred option that would involve the Regulations reflecting the existing level of aircraft activity during the curfew period, together with some allowance for a reasonable commercial growth in aircraft movements over time. This option has formed the basis for the Regulations, and has been the subject of consultation with the AACC and other stakeholders.
Option 3: No Regulations
If regulations are not developed, no international aircraft will be able to land at or take off from Adelaide Airport during curfew shoulder periods, and no operations by low noise heavy freight aircraft would be possible. This was not the intention of the Act, which clearly made provision, by regulation, for the current activities during the curfew periods to be able to continue.
4. IMPACT ANALYSIS
Impact Group Identification
Groups affected by the proposed regulations were identified as aircraft operators, the Airport operator, aviation regulatory organisations, the community in the vicinity of the Airport, local, State and Federal government elected representatives around the Airport and the aviation industry in Adelaide, in particular, and more broadly, South Australia. These groups are all represented in the AACC.
Assessment of Benefit The imposition of regulations under the Act will ensure that aircraft noise around Adelaide Airport during the noise sensitive night-time hours continues to be minimised. It will also provide the community around the Airport with a high degree of certainty that noise associated with airport operations will be restricted, and that only aircraft that meet the noise standards set out in the Act will be permitted to operate during the curfew.
Assessment of Costs - Government
The Regulations will impose minimal additional administrative costs for Government. The Department is already involved as a key player in the development and operation of the current administrative curfew arrangements.
Assessment of Costs - Consumers
At present, Qantas is the sole operator of international aircraft into Adelaide Airport during curfew shoulder periods, currently four times per week during the Northern Summer timetable (March-October). The proposed arrangements would allow that activity to continue, and allow up to four additional landings per week.
Similarly, the current administrative arrangements allow up to ten movements of BAe146 freight aircraft between 11 pm and 6am each night, although currently there are only three movements by such aircraft on four nights each week. The arrangements in the Regulations will allow a maximum of 15 take-offs and 25 landings weekly during the curfew by any aircraft type complying with the definition of low noise heavy freight aircraft set out in the Act.
On that basis, the introduction of the Regulations should impose no direct costs on the airlines, the airport operator, the travelling public or the airfreight industry as current services would be able to continue, with some provision for growth in those activities.
Effects on Small Business
The introduction of the Regulations should impose no direct effects on small business.
5. CONSULTATION
A consultation process involving the AACC and other key stakeholders was undertaken at the stage of developing the draft Regulations. Input and comments by the AACC and stakeholders were provided the Department in writing and at an AACC meeting on 13 July 2000, and that input was subsequently taken into account prior to finalisation of the Regulations.
6. CONCLUSION AND RECOMMENDED OPTION
The proposed Regulations will provide the mechanism through which limited movements by noise-compliant aircraft during the curfew will be able to take place. For that reason, the introduction of the Regulations is essential for the successful operation of the Curfew Act. As noted above, the Regulations have been developed after appropriate consultation. The recommended option is Option 2 - arrangements that provide for current activities, together with provision for some limited growth over time.
7. IMPLEMENTATION AND REVIEW
Implementation
The Regulations will commence upon commencement of the Adelaide Airport Curfew Act 2000.
On-going Consultation and Review
The Department will conduct on-going consultation with stakeholders, mainly through the AACC, on the operation of the Regulations. Should a need be identified in future to formally review the regulatory arrangements, a formal consultation process will be undertaken to obtain the views of stakeholders on what may be required to amend the Regulations.