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Adelaide Airport Curfew Bill 1998

Part 3 Permitted aircraft movements

Division 1 Scheduled international passenger aircraft movements during curfew shoulder periods

7   Quota on movements by scheduled international passenger aircraft during curfew shoulder periods

                   The regulations may prescribe the maximum number of take-offs and the maximum number of landings by scheduled international passenger aircraft that are permitted during the curfew shoulder periods in a week.

8   Applications to operate scheduled international passenger aircraft during curfew shoulder periods

             (1)  The operator of a scheduled international passenger aircraft may apply to the Minister for permission to take-off from, or land at, Adelaide Airport during a curfew shoulder period.

             (2)  An application:

                     (a)  must be in writing; and

                     (b)  must specify the day and time of the proposed take-off or landing; and

                     (c)  must set out the reasons why the applicant thinks the permission should be granted.

             (3)  The Minister may request further information from the applicant that is, in the Minister’s opinion, relevant to making a decision whether or not to grant a permission.

             (4)  The Minister may, in writing, grant or refuse to grant permission. However, the Minister must not grant permission where to do so would result in more take-offs or landings occurring during a curfew shoulder period than is permitted by regulations made for the purposes of section 7.

             (5)  The Minister may impose conditions on a permission.

             (6)  Without limiting subsection (5), a permission is subject to the following conditions:

                     (a)  if the permission relates to a take-off—the take-off is from runway 23; and

                     (b)  if the permission relates to a landing:

                              (i)  the landing is on runway 05, unless meteorological conditions require the aircraft to land on another runway; and

                             (ii)  the aircraft does not use reverse thrust greater than idle reverse thrust.

             (7)  Application may be made to the Administrative Appeals Tribunal for review of a decision:

                     (a)  to refuse to grant a permission; or

                     (b)  to grant a permission subject to conditions.

Note:          Under section 27A of the Administrative Appeals Tribunal Act 1975 , the decision-maker must notify persons whose interests are affected by the making of the decision of their right to have the decision reviewed. In notifying such persons, the decision-maker must have regard to the Code of Practice determined under section 27B of that Act.

             (8)  Aircraft taking off or landing as permitted by section 13 or 15 are not to be counted towards the maximum number of take-offs and landings under regulations made for the purposes of section 7.



 

Division 2 Heavy freight aircraft movements during curfew period s

9   Restrictions on movements by heavy freight aircraft during curfew period s

             (1)  Subject to subsections (2), (3) and (4), the regulations:

                     (a)  may prescribe the maximum number of take-offs and the maximum number of landings by heavy freight aircraft that are permitted during the curfew periods in a week; and

                     (b)  may prescribe those maximum numbers of take-offs and landings by reference to the types of heavy freight aircraft that may take off and land.

             (2)  The maximum number of take-offs and the maximum number of landings, during the curfew periods in a week, of heavy freight aircraft must not (when taken jointly) exceed 8.

             (3)  The maximum number of take-offs and the maximum number of landings, during the curfew periods in a week, of heavy freight aircraft that are aircraft of the type known as DC9 must not (when taken jointly) exceed 4.

             (4)  There must not be any landings or take-offs, during any curfew period, of heavy freight aircraft that are aircraft of the type known as B727.

10   Applications to operate heavy freight aircraft during curfew periods

             (1)  The operator of a heavy freight aircraft may apply to the Minister for permission to take off from, or land at, Adelaide Airport during a curfew period.

             (2)  An application:

                     (a)  must be in writing; and

                     (b)  must specify the day and time of the proposed take-off or landing; and

                     (c)  must set out the reasons why the applicant thinks the permission should be granted.

             (3)  The Minister may request further information from the applicant that is, in the Minister’s opinion, relevant to making a decision whether or not to grant a permission.

             (4)  The Minister may, in writing, grant or refuse to grant permission. However, the Minister must not grant permission where to do so would result in:

                     (a)  more take-offs or landings occurring during the curfew periods in a week than is permitted by regulations made for the purposes of subsection 9(1); or

                     (b)  a take-off or landing occurring that is in breach of subsection 9(2), (3) or (4).

             (5)  The Minister may impose conditions on a permission.

             (6)  Without limiting subsection (5), a permission is subject to the following conditions:

                     (a)  if the permission relates to a take-off—the take-off is from runway 23; and

                     (b)  if the permission relates to a landing:

                              (i)  the landing is on runway 05, unless meteorological conditions require the aircraft to land on another runway; and

                             (ii)  the aircraft does not use reverse thrust greater than idle reverse thrust.

             (7)  Application may be made to the Administrative Appeals Tribunal for review of a decision:

                     (a)  to refuse to grant a permission; or

                     (b)  to grant a permission subject to conditions.

Note:          Under section 27A of the Administrative Appeals Tribunal Act 1975 , the decision-maker must notify persons whose interests are affected by the making of the decision of their right to have the decision reviewed. In notifying such persons, the decision-maker must have regard to the Code of Practice determined under section 27B of that Act.

             (8)  Aircraft taking off or landing as permitted by section 13 or 15 are not to be counted towards the maximum number of take-offs and landings permitted by subsection 9(2), (3) or (4), or permitted by regulations made for the purposes of subsection 9(1).



 

Division 3 Other aircraft movements during curfew period s

11   Propeller-driven aircraft under 34,000 kilograms that comply with noise standards

                   A propeller-driven 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, 5 (other than paragraph 5.1.3), 6 or 10 of the Annex that are applicable to aircraft of the class to which the aircraft belongs;

may take off or land at Adelaide Airport during a curfew period.

12   Jet aircraft under 34,000 kilograms that comply with noise standards

             (1)  A jet aircraft of a type specified in regulations made for the purposes of subsection (2) may take off or land at Adelaide Airport during a curfew period.

             (2)  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 Annex that are applicable to the maximum take-off weight of the aircraft (whether or not the Chapter is expressed to apply to the aircraft); and

                     (c)  complies with the 90-95 noise level rule specified in subsection (3).

             (3)  A type of aircraft complies with the 90-95 rule if aircraft of that type have a noise level that:

                     (a)  on take-off:

                              (i)  does not exceed 90 EPNdB; or

                             (ii)  if the amount in excess of 90 EPNdB is offset by a maximum noise level on landing that is correspondingly lower than the amount specified in subparagraph (b)(i) for landing noise—does not exceed 92 EPNdB; and

                     (b)  on landing:

                              (i)  does not exceed 95 EPNdB; or

                             (ii)  if the amount in excess of 95 EPNdB is offset by a maximum noise level on take-off that is correspondingly lower than the amount specified in subparagraph (a)(i)—does not exceed 97 EPNdB.

             (4)  In subsection (3), noise level , expressed as a figure of EPNdB, means the effective perceived noise in decibels:

                     (a)  measured by reference to the test procedures specified in Chapter 3 of the Annex; and

                     (b)  certified in a noise certificate within the meaning of the Air Navigation (Aircraft Noise) Regulations.

13   Take-off when taxi clearance received before start of curfew period

                   An aircraft may take off during a curfew period if it received taxi clearance for the take-off before the start of the curfew period.



 

Division 4 Landing on runways other than runway 05

14   Landing of aircraft during curfew periods on runways other than runway 05

             (1)  A scheduled international passenger aircraft that is permitted to land at Adelaide Airport during a curfew shoulder period may land, subject to any conditions imposed under subsection 8(5), on a runway other than runway 05 if the pilot of the aircraft thinks that the meteorological conditions in which the aircraft is to land require it.

             (2)  A heavy freight aircraft that is permitted to land at Adelaide Airport during a curfew period may land, subject to any conditions imposed under subsection 10(5), on a runway other than runway 05 if the pilot of the aircraft thinks that the meteorological conditions in which the aircraft is to land require it.

             (3)  If an aircraft lands at Adelaide Airport in the circumstances referred to in subsection (1) or (2), the operator of the aircraft must, within 7 days after the landing, give to an authorised person, at an address specified in the regulations, a return that states:

                     (a)  the date and time of the landing; and

                     (b)  the runway on which the landing occurred; and

                     (c)  the aircraft’s registration mark, its operator, and its type; and

                     (d)  the reasons for landing on a runway other than runway 05, including the wind conditions prevailing at the time; and

                     (e)  the down wind limits for landing specified in the aircraft’s flight manual.

             (4)  Airservices Australia must, as soon as practicable after the end of each month, give the Secretary a written report setting out:

                     (a)  the number of times (if any) during the month that a scheduled international aircraft landed at Adelaide Airport, during a curfew shoulder period, on a runway other than runway 05; and

                     (b)  the number of times (if any) during the month that a heavy freight aircraft landed at Adelaide Airport, during a curfew period, on a runway other than runway 05; and

                     (c)  the relevant meteorological conditions on each occasion.



 

Division 5 Emergencies and dispensations

15   Aircraft may take off or land in emergencies or if Minister grants dispensation

                   An aircraft may take off from, or land at, Adelaide Airport in circumstances that would otherwise contravene section 6 if:

                     (a)  the aircraft is involved in an emergency as described in section 16; or

                     (b)  the aircraft is taking off from Adelaide Airport in order to resume the flight interrupted by such an emergency; or

                     (c)  a dispensation granted by the Minister under section 17 authorises the take-off or landing, and the take-off or landing is in accordance with any conditions of the dispensation.

16   Emergencies

                   An aircraft is involved in an emergency if:

                     (a)  the aircraft is being used for or in connection with:

                              (i)  a search and rescue operation; or

                             (ii)  a medical emergency; or

                            (iii)  a natural disaster; or

                     (b)  the pilot of the aircraft has declared an in-flight emergency; or

                     (c)  the aircraft has insufficient fuel to be diverted to another airport; or

                     (d)  there is an urgent need for the aircraft to land or take off:

                              (i)  to ensure the safety or security of the aircraft or any person; or

                             (ii)  to avoid damage to property.

17   Minister may grant dispensations

             (1)  The Minister may grant a dispensation authorising an aircraft to take off from, or land at, Adelaide Airport in circumstances that would otherwise contravene section 6 if the Minister is satisfied that there are circumstances justifying the take-off or landing.

             (2)  A dispensation may be granted subject to conditions including, for example, conditions relating to when the take-off or landing must occur and the runway to be used.

             (3)  In granting dispensations, the Minister must have regard to any matters specified in the regulations.

             (4)  Without limiting what regulations made for the purposes of subsection (3) may specify, they may specify:

                     (a)  what constitutes circumstances justifying take-offs and landings for the purposes of subsection (1); and

                     (b)  the conditions to which dispensations should be subject.

             (5)  Despite paragraph 23(b), and subsection 33(3A), of the Acts Interpretation Act 1901 , each dispensation must relate only to one take-off of an aircraft or one landing of an aircraft.