Aircraft Noise Levy Act 1995

No. 97 of 1995

CONTENTS

Aircraft Noise Levy Act 1995

No. 97 of 1995

An Act to impose a levy on the landing of jet aircraft at certain airports

[Assented to 5 September 1995]

The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Aircraft Noise Levy Act 1995.

Commencement

2. This Act commences on the day on which it receives the Royal Assent or on 1 July 1995, whichever is later.

Definitions

3. An expression used in this Act and in the Aircraft Noise Levy Collection Act 1995 has the same meaning in this Act as it has in that Act.

Act binds Crown

4. This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory.

Imposition of levy

5.(1) Subject to subsection (2), levy is imposed on a landing.

(2) Levy is not imposed on a landing:

(a) if the aircraft making the landing:

(i) is a state aircraft within the meaning of subsection 3(1) of the Civil Aviation Act 1988; or

(ii) has an assessed noise (as defined in subsection 6(1)) of less than 265; or

(b) if the landing is made as part of a flight for:

(i) a purpose that relates to the provision of emergency services and that is prescribed by the regulations; or

(ii) a charitable purpose prescribed by the regulations.

Amount of levy

6.(1) The amount of levy on a landing is worked out using the formula:

where:

“assessed noise” means the number equal to the effective perceived noise level of the aircraft concerned, in Effective Perceived Noise Decibels, determined in accordance with the regulations;

“levy unit” means the amount worked out in accordance with the regulations.

(2) Without limiting subsection (1), the regulations may provide for the assessed noise for an aircraft to be determined having regard to either or both of the following:

(a) the type of the aircraft;

(b) the noise made by another aircraft of the same type at a test conducted before the landing on which the levy is imposed.

(3) The regulations made for the purposes of the definition of “levy unit” must not provide for an amount to be worked out that exceeds:

(a) if the amount applies in relation to a landing made in the financial year ending on 30 June 1996—$180.00; or

(b) if the amount applies in relation to a landing made in a later financial year—110% of the maximum amount that could have been provided for by regulations in relation to a landing in the immediately preceding financial year.

(4) The regulations made for the purposes of the definition of “levy unit” must provide for only one amount to apply to all landings made during a particular period (regardless of where each of the landings is made).

Person liable for levy

7. Levy imposed by section 5 on a landing is payable by the operator of the jet aircraft that made the landing.

Regulations

8. The Governor-General may make regulations for the purposes of sections 5 and 6.

[Minister’s second reading speech made in—

House of Representatives on 8 June 1995 Senate on 9 June 1995]