Commonwealth Numbered Regulations - Explanatory Statements

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AIR NAVIGATION (AERODROME CURFEW) REGULATIONS (AMENDMENT) 1995 NO. 446

STATUTORY RULES 1995 No. 446

Issued by the Authority of the Minister for Transport

Air Navigation Act 1920

Air Navigation (Aerodrome Curfew) Regulations (Amendment)

Subsection 26(1) of the Air Navigation Act 1920 (the Act) empowers the GovernorGeneral to make regulations in relation to air navigation, being regulations with respect to trade and commerce with other countries and among the States [paragraph 26(1)(d)] and any other matter with respect to which the Parliament has power to make laws [paragraph 26(1)(e)]. Paragraph 26(2)(e) of the Act provides that, without limiting the generality of the above, regulations may be made in relation to the establishment, maintenance, operation and use of aerodromes.

The Air Navigation (Aerodrome Curfew) Regulations (the Regulations) impose a curfew at Sydney (Kingsford Smith) Airport (the Aerodrome) between 11 pm each night and 6 am the following morning. The curfew is intended to reduce the night-time noise on the approaches to, and the surrounds of, the Aerodrome.

The Regulations will be displaced by the Sydney Airport Curfew Act 1995 (the Curfew Act) which, with the exception of the provisions dealing with the granting of approvals for international passenger jet aircraft during the first and last hours of the curfew (the shoulder periods), will commence on 24 December 1995. The Curfew Act provides that the Minister must, by notice in the Gazette, within 6 months of the Act's commencement, specify a time and day after which approvals for international passenger jet aircraft during the curfew shoulder periods are required. Until this time and day are specified, the approval provisions of the Regulations will be retained.

The amending regulations repeal the Regulations apart from subregulations 6(3) to 6(7) inclusive, which deal with international passenger jet aircraft approvals, and related machinery provisions, These provisions are required to ensure continuity of approvals already given under the Regulations and will be repealed once the corresponding provisions of the Curfew Act commence.

The Regulations commence an the day on which the Sydney Airport Curfew Act 1995 commences. That Act commences on 24 December 1995.