Commonwealth Numbered Regulations - Explanatory Statements

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Issued by Authority of the Minister for Shipping and Aviation Support

Air Navigation Act 1920

Air Navigation (Aerodrome Curfew) Regulations Amendment

Subsection 26(1) of the Air Navigation Act 1920 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Paragraph 26(2)(e) of the Act provides that the power to make regulations includes the power to make regulations for or in relation to the establishment, maintenance and operation of aerodromes.

The Air Navigation (Aerodrome Curfew) Regulations (the Regulations) provide for curfew arrangements at Sydney (Kingsford Smith) Airport (the Aerodrome), to apply between 11pm each night and 6am the following morning. The arrangements are intended to reduce night-time noise over suburbs on the approaches to, and surrounding, the Aerodrome.. The Regulations, which have been in operation since December 1989, give legislative effect to administrative arrangements that had been in place administratively since October 1988.

The Regulations make two amendments to subregulations 6(9) and 7(2) of the Regulations.

Subregulation 6(9) of the Regulations exempts from the curfew a specified number and type of weekly freight operations by Australian Airlines Limited and Ansett Transport Industries Limited. The amendment reallocates weekly freight movements by:

       reducing Australian Airlines' allocation from 14 to 9 weekly movements using A300 aircraft, and

       enabling a third freight operator, Mayne Nickless Limited (trading as IPEC Aviation), to operate up to 12 weekly movements using DC9 aircraft during the curfew period.

The amendment also introduces a new subregulation 6(9A) which, in effect, requires the DC9 aircraft used by IPEC to be hushkitted. The hushkitted DC9 is quieter than the A300 and this reallocation of weekly freight movements does not increase the total amount of noise emitted during the curfew period.

The amendment to subregulation 6(9) and the new subregulation 6(9A) commenced on the date of notification in the Gazette.

Subregulation 7(2) of the Regulations provides that takeoffs during the curfew period must be on that part of runway 16 that is situated between Botany Bay and the intersection of that runway with taxiway C. On 6 February 1992 the taxiways at Sydney Airport were redesignated as a result of which taxiway C was renamed taxiway G. The amendment to subregulation 7(2) preserves the intention of the original regulations by replacing the reference to taxiway C with a reference to taxiway G.

The amendment to subregulation 7(2) is taken to have commenced on 6 February 1992, the day upon which the taxiways were redesignated. This amendment does not prejudicially affect the rights of any person and does not impose liabilities on any person.

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