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Adelaide Airport Curfew Bill 1998

Part 1 Preliminary

   

1   Short title

                   This Act may be cited as the Adelaide Airport Curfew Act 1998 .

2   Commencement

                   This Act commences:

                     (a)  if the 28th day after the day on which this Act receives the Royal Assent is a Sunday—at 10.45 pm on that Sunday; or

                     (b)  otherwise—at 10.45 pm on the first Sunday after that 28th day.

3   Definitions

             (1)  In this Act, unless the contrary intention appears, the following terms have the meanings set out below:

aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air.

Airservices Australia means the body called Airservices Australia that is established by the Air Services Act 1995 .

Australia includes all the external Territories.

authorised person means:

                     (a)  the Secretary to the Department; or

                     (b)  a person appointed under subsection 21(1); or

                     (c)  a person included in a class of persons appointed under subsection 21(2).

curfew period means a period that starts at 11 pm on a day and ends at 6 am on the next day.

curfew shoulder period means:

                     (a)  a period of one hour starting at 11 pm on a day; or

                     (b)  a period of one hour starting at 5 am on a day.

heavy freight aircraft means a jet aircraft that:

                     (a)  has a maximum take-off weight that is 34,000 kilograms or more; and

                     (b)  is being used solely for the purpose of carrying freight; and

                     (c)  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).

land —an aircraft lands when it touches the ground.

maximum take-off weight of an aircraft means the weight set out in the aircraft’s flight manual as the aircraft’s maximum take-off weight.

operator of an aircraft means a person who conducts an aircraft operation using the aircraft.

scheduled international passenger aircraft has the meaning given by subsection (2).

take off —an aircraft takes off when it leaves the ground.

the Annex means Volume 1 of Annex 16 to the Convention on International Civil Aviation concluded at Chicago on 7 December 1944, as amended and in force from time to time.

week means a period of 7 days starting at 11 pm on a Sunday.

             (2)  For the purposes of this Act, an aircraft is a scheduled international passenger aircraft on take-off from, or landing at, Adelaide Airport if:

                     (a)  the aircraft is being used for a scheduled international air service to carry passengers for hire or reward, to or from the airport; and

                     (b)  the operator of the aircraft has an international airline licence granted under the Air Navigation Act 1920; and

                     (c)  the aircraft 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

                     (d)  for a take-off from Adelaide Airport—the first or second port of call of the aircraft after taking off from Adelaide Airport is outside Australia; and

                     (e)  for a landing at Adelaide Airport—the last or second last port of call of the aircraft before landing at Adelaide Airport was outside Australia.

4   Explanation of runway names

             (1)  The diagram below shows the runways at Adelaide Airport.

 

 

             (2)  The following runway names have the meanings indicated where they are used in this Act:

                     (a)  runway 12 —this is the name for the runway marked A when used for a take-off to the south-east or a landing from the north-west;

                     (b)  runway 30 —this is the name for the runway marked A when used for a take-off to the north-west or a landing from the south-east;

                     (c)  runway 23 — this is the name for the runway marked B when used for a take-off to the south-west or a landing from the north-east;

                     (d)  runway 05 — this is the name for the runway marked B when used for a take-off to the north-east or a landing from the south-west.

5   Time is legal time in South Australia

                   References in this Act to time are references to legal time in South Australia.