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AIRCRAFT NOISE LEVY REGULATIONS 1995 NO. 279
EXPLANATORY STATEMENTSTATUTORY RULES 1995 No. 279
Issued by the authority of the Minister for Transport
Aircraft Noise Levy Act 1995
Aircraft Noise Levy Collection Act 1995
Aircraft Noise Levy Regulations
Section 8 of the Aircraft Noise Levy Act 1995 (the Levy Act) empowers the Governor-General to make regulations for the purposes of sections 5 and 6 of the Act. Sections 5 and 6 relate to the imposition and amount of levy.
Subsection 21 (1) of the Aircraft Noise Levy Collection Act 1995 (the Collection Act) empowers the Governor-General to make regulations prescribing matters required or permitted by the Collection Act to be prescribed, or, necessary or convenient to be prescribed for carrying out or giving effect to the Collection Act.
The Levy Act imposes a levy on the landing of jet aircraft at certain airports. The purpose of the levy is to fund the noise amelioration measures (such as costs of insulating houses and acquiring properties) carried out in the vicinity of the airport at which the levy is imposed.
Section 8 of the Collection Act provides that levy becomes due for payment in accordance with the regulations. Subsection 9(1) of the Collection Act provides for a prescribed penalty, payable when levy remains unpaid after it becomes due for payment.
Section 11 of the Collection Act provides that levy and late-payment penalty must be paid in the manner prescribed in the regulations.
The Aircraft Noise Levy Regulations (the Regulations):
- prescribe purposes in respect of which levy is not imposed on a landing, if the landing is made as part of a flight for such a prescribed purpose, ie, in the provision of emergency services or in the carriage of goods or people for charitable purposes;
- set out how the effective perceived noise level of an aircraft is to be determined;
- define "levy unit" for the purposes of subsection 6(1) of the Levy Act;
- prescribe when levy becomes due for payment;
- prescribe a penalty for late payment of levy;
- set out how levy and late-payment penalty must be paid.
The Regulations are to commence on 1 October 1995.
Details of the regulations are set out below.
Regulation 1 provides that the Regulations may be cited as the Aircraft Noise Levy Regulations.
Regulation 2 provides that the Regulations commence on 1 October 1995.
Regulation 3 provides for definitions of the terms "Advisory Circular", "Annex", "chapter 2 or 4 test procedures", "chapter 3 test procedures" and "charitable body", "Collection Act" and "Levy Act".
Regulation 4 is made for the purposes of section 5 of the Levy Act. In particular, paragraph 5(2)(b) of the Levy Act provides that levy is not imposed on a landing as part of a flight for a prescribed purpose relating to the provision of emergency services or charitable purposes.
Subregulation 4(1) prescribes, for the purposes of subparagraph 5(2)(b)(i) of the Levy Act, the following purposes:
- rescue of a person;
- fire-fighting;
- a search for the rescue of a person;
- a purpose relating to relief in a flood or other natural disaster;
- a purpose relating to a medical emergency.
Subregulation 4(2) prescribes, for the purposes of subparagraph 5(2)(b)(ii) of the Levy Act, that a prescribed charitable purpose is the carrying of goods or people:
- for a charitable body; and
- in relation to the charitable activities of the body.
Regulation 5 sets out how the effective perceived noise level of an aircraft is to be determined, for the purposes of the formula for calculating the amount of levy on the landing of a jet aircraft at an airport, contained in subsection 6(1) of the Levy Act. Subsection 6(1) of the Levy Act provides that the "assessed noise" for the purposes of the formula is the number equal to the effective perceived noise level of the aircraft concerned, in Effective Perceived Noise Decibels (EPNdB), determined in accordance with the Regulations.
Paragraph 5(1)(a) of the Regulations provides that for an aircraft of a type that has been measured under the test procedures in respect of aircraft noise set out in Chapter 3 of Volume 1 of Annex 16 to the Chicago Convention (the Annex, as defined in Regulation 3) for the purpose of International Civil Aviation Organisation (ICAO) noise certification:
- the effective perceived noise level of the aircraft is the sum of the effective perceived noise levels of the aircraft, in decibels, made by aircraft of that type (as set out in the aircraft's certificate of airworthiness, fight manual or noise certificate under the Air Navigation (Aircraft Noise) Regulations) at each of the following points:
- the lateral reference noise measurement point; and
- the flyover reference noise measurement point; and
- the approach reference noise measurement point.
Paragraph 5(1)(b) of the Regulations provides that for aircraft of a type that has been measured under the test procedures in respect of aircraft noise set out in either Chapter 2 or Chapter 4 of the Annex for the purpose of ICAO noise certification:
- the effective perceived noise level of the aircraft is the sum of the effective perceived noise levels of the aircraft, in decibels, made by aircraft of that type (as set out in the aircraft's certificate of airworthiness, flight manual or noise certificate under the Air Navigation (Aircraft Noise) Regulations) at each of the following points:
- the lateral reference noise measurement point; and
- the flyover reference noise measurement point; and
- the approach reference noise measurement point;
plus 3.2 EPNdB.
For most jet aircraft the three noise measurement figures referred to above (the levels at the lateral, flyover and approach noise measurement points) are contained in Advisory Circular No. 36-IF of 6 May 1992 issued by the United States Federal Aviation Administration, and as in force on 1 July 1995 (the Advisory Circular, as defined in Regulation 3).
Subregulation 5(2) provides that if an aircraft is of a type listed in the Advisory Circular, and has not been modified in a way that affects the noise levels of the aircraft, then a measurement in relation to aircraft of that type that is set out in Appendix 1 or 2 of the Advisory Circular may be used for ascertaining a measurement referred to in paragraphs 5(1)(a) or 5(1)(b) of the Regulations.
If an aircraft is of a type that has not been measured under the test procedures in respect of aircraft noise set out in chapter 2, chapter 3 or chapter 4 of the Annex, then the effective perceived noise level of the aircraft is determined in accordance with subregulation 5(3).
By subregulation 5(3) the effective perceived noise level of the aircraft is set as 327.2 EPNdB or the level determined in accordance with paragraph 5(3)(b) of the Regulations, whichever is the lesser.
If an individual aircraft has been modified so as to have a different noise level to that attributed to the "normal" aircraft of that type then the effective perceived noise level of the aircraft is determined in accordance with subregulation 5(4).
By subregulation 5(4) the effective perceived noise level of the aircraft is set as 327.2 EPNdB or the level determined in accordance with paragraph 5(4)(b) of the Regulations, whichever is the lesser.
Regulation 6 prescribes, in paragraph 6(a), that the "levy unit" for the purposes of section 6(1) of the Levy Act is $155, in relation to levy on a landing made in the financial year ending on 30 June 1996.
"Levy unit" is the lesser of the amounts calculated under subparagraph 6(b)(i) and subparagraph 6(b)(ii) of the Regulations. By subparagraph 6(b)(i) of the Regulations, the extent of increase cannot exceed 110 per cent of the maximum amount that could have been prescribed in relation to a landing in the immediately preceding financial year. This limitation is pursuant to paragraph 6(3)(b) of the Levy Act.
Subparagraph 6(b)(ii) of the Regulations provides for indexation of the levy unit on the basis of annual (1 July) adjustments based on 12 monthly movements in the Consumer Price Index to 31 March of the previous financial year.
Regulation 7 prescribes that for the purposes of section 8 of the Collection Act, levy must be paid no later than the first day of the month immediately following the month during which the landing to which the levy relates takes place.
Regulation 8 prescribes the penalty for late payment of levy.
Paragraph 8(a) of the Regulations prescribes that for the purposes of subsection 9(1) of the Collection Act, the day levy becomes due for payment is taken to be the last day provided for payment under regulation 7 (ie the first day of the month immediately following the month during which the relevant landing took place).
Paragraph 8(b) of the Regulations prescribes the amount of late-payment penalty for the purposes of subsection 9(1) of the Collection Act. If the amount of unpaid levy is paid within 28 days of the day it becomes due for payment, then the prescribed penalty for late payment of levy is nil. However, if the amount of unpaid levy is not paid within 28 days of the day it becomes due for payment, the latepayment penalty is an amount equal to 1,5 per cent of the amount of unpaid levy, per month or part thereof during which levy is unpaid. This amount cannot exceed 1,5 per cent of the amount of unpaid levy, per month or part thereof during which levy is unpaid, pursuant to subsection 9(2) of the Collection Act.
Regulation 9 prescribes that, subject to subregulation 9(2), and for the purposes of section 11 of the Collection Act, levy and late-payment penalty must be paid directly in cash or by cheque to an authorised person.
Subregulation 9(4) prescribes definitions of "approved bank account" and "authorised person".
Subregulation 9(2) prescribes that an authorised person can agree in writing to accept payment of levy or late-payment penalty from a person who is or may be liable for levy or latepayment penalty, by deposit in or transfer to an approved bank account, thereby allowing that person to make payments of levy and late-payment penalty in such a manner.
Subregulation 9(3) prescribes that an authorised person must notify, in writing, persons liable for payment of the levy of the name and the address of the person authorised for the purposes of subregulations 9(1) and 9(2), and, of each bank account approved under subregulation 9(2). Such notification must be within a reasonable time after the authorisation of the person or approval of the bank account.