Schedule 1 Amendments

Do not delete : Schedule Part placeholder

(regulation 3)

[1] Regulation 1

substitute

1 Name of Regulations

These Regulations are the Air Navigation (Aircraft Noise) Regulations 1984.

[2] Regulation 2, definition of Authority

omit

[3] Regulation 2, after definition of inspector

insert

maintenance means work that is necessary to ensure the continuing airworthiness of an aircraft at the standard required by the country on whose register of aircraft the aircraft is entered.

[4] Regulation 4

substitute

The Secretary may, by signed instrument, delegate his or her powers under these Regulations to:

(a) an employee of the Department; or

(b) an officer of the Civil Aviation Safety Authority; or

[5] Subparagraph 9 (1) (b) (ii)

after

10A

insert

or 10BA

[6] Paragraphs 9 (1) (d) and 9 (2) (d)

omit

Civil Aviation Authority

insert

Civil Aviation Safety Authority

[7] After subregulation 9A (2)

insert

(2A) For paragraph (2) (c), purposes that are in the public interest include the following:

(a) humanitarian purposes;

(b) the provision of essential services to a remote area;

(d) a scientific or research flight.

[8] After regulation 10B

insert

10BA Permission to engage in air navigation for the purpose of maintenance

(1) This regulation applies to a foreign aircraft that:

(a) is a subsonic jet aircraft; and

(b) complies with the Chapter 2 standards but does not comply with the Chapter 3 standards; and

(2) The operator of a foreign aircraft may apply to the Secretary for permission to engage in air navigation solely for the purpose of maintenance of the aircraft.

(3) The Secretary may, by written notice, grant permission to the applicant.

(4) A notice under subregulation (3) must state:

(a) the period, ending no later than 31 December 2005, during which the foreign aircraft may engage in air navigation; and

(b) any conditions with which the operator of the aircraft must comply.

(5) If the notice sets out conditions, the operator of the aircraft must comply with the conditions.

Penalty: 20 penalty units.

(6) The Secretary may revoke the permission if:

(a) the aircraft is operated in contravention of a condition of the permission; or

(b) the operation of the aircraft has had, and is likely to continue to have, a significant noise impact on the public.

(7) If the Secretary refuses to grant a permission, or revokes a permission, the Secretary must give notice of the decision to the applicant.

[9] Paragraph 11 (1) (a)

substitute

(a) an officer of the Civil Aviation Safety Authority or an employee of Airservices Australia; or

[10] Regulation 13

substitute

Application may be made to the Administrative Appeals Tribunal for review of a decision of the Secretary:

(a) refusing to issue a noise certificate under subregulation 6 (1) or 6A (1); or

(b) refusing to give a permission under subregulation 9A (2), 9AA (2), 9AB (2) or 10BA (3); or

(d) imposing, or varying, a condition under paragraph 9A (3) (b), 9AA (3) (b), 9AB (3) (b) or 10BA (4) (b); or

(e) revoking a permission under subregulation 9A (6), 9AA (4), 9AB (5) or 10BA (6); or

(f) revoking a noise certificate under subregulation 10 (2); or

(g) refusing under subregulation 10C (4) to approve the inclusion of a country in a notice; or

(h) setting, or refusing to set, a day under subregulation 10C (6); or

(i) suspending a permission under paragraph 10D (2) (b).

[11] Further amendments

The following provisions are amended by omitting ‘Civil Aviation Regulations’ and inserting ‘Civil Aviation Regulations 1988’:

 regulation 2, definition of certificate of airworthiness, paragraph (a)

 regulation 2, definition of registered

 paragraph 9 (1) (d)

 paragraph 9 (1) (e)

 paragraph 9 (2) (d)

 paragraph 9 (2) (e).

Notes

1. These Regulations amend Statutory Rules 1984 No. 188, as amended by 1985 No. 301; 1986 No. 233; 1988 Nos. 163 and 277; 1990 No. 397; 1991 No. 428; 1992 No 341; 1994 No. 305; 1996 No. 209.

2. Notified in the Commonwealth of Australia Gazette on 20 December 2000.