1Short title
This Act may be cited as the Adelaide Airport Curfew Act 2000.
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Bill homepage (APH)This Act may be cited as the Adelaide Airport Curfew Act 2000.
Subject to subsection (2), this Act commences at 10.45 pm on the first Sunday after a day to be fixed by Proclamation.
If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences:
if the first day after the end of that period is a Sunday—at 10.45 pm on that Sunday; or
otherwise—at 10.45 pm on the first Sunday after the end of that period.
In this Act, unless the contrary intention appears, the following terms have the meanings set out below:
90‑95 noise level rule has the meaning given by subsection (3).
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:
the Secretary of the Department; or
a person appointed under subsection 22(1); or
a person included in a class of persons appointed under subsection 22(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 period of one hour starting at 11 pm on a day; or
a period of one hour starting at 5 am on a day.
international aircraft has the meaning given by subsection (2).
land—an aircraft lands when it touches the ground.
low noise heavy freight aircraft means a jet aircraft that:
has a maximum take‑off weight that is 34,000 kilograms or more; and
is being used solely for the purpose of carrying freight; and
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
complies with the 90‑95 noise level rule.
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.
noise level, expressed as a figure of EPNdB, means the effective perceived noise in decibels:
measured by reference to the test procedures specified in Chapter 3 of the Annex; and
certified in a noise certificate within the meaning of the Air Navigation (Aircraft Noise) Regulations.
operator of an aircraft means a person who conducts an aircraft operation using the aircraft.
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.
For the purposes of this Act, an aircraft is an international aircraft on take‑off from, or landing at, Adelaide Airport if:
the aircraft is being used for an international air service to carry passengers or freight (or both) for hire or reward, to or from the airport; and
one of the following applies:
the operator of the aircraft has an international airline licence granted under regulations made under the Air Navigation Act 1920;
the operator of the aircraft has a permission granted under section 15D of that Act;
the flight in question is covered by a permission under section 17 of that Act;
the flight in question is covered by a determination under subsection 17(1B) of that Act; and
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
if the aircraft is being used solely for the purpose of carrying freight—the aircraft is not a low noise heavy freight aircraft; and
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
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.
For the purposes of this Act, a type of aircraft complies with the 90‑95 noise level rule if aircraft of that type have a noise level that:
on take‑off:
does not exceed 90 EPNdB; or
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
on landing:
does not exceed 95 EPNdB; or
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.
The diagram below shows the runways at Adelaide Airport.
The following runway names have the meanings indicated where they are used in this Act:
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;
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;
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;
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.
References in this Act to time are references to legal time in South Australia.
Chapter 2 (except Part 2.5) of the Criminal Code applies to all offences created by this Act.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
The operator of an aircraft commits an offence if:
the operator engages in conduct; and
the conduct results in an aircraft taking off or landing at Adelaide Airport during a curfew period.
Penalty: 200 penalty units.
Part IA of the Crimes Act 1914 contains provisions dealing with penalties.
Subsection (1) does not apply if the take off or landing is permitted under Part 3.
A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
In this section:
engage in conduct means:
do an act; or
omit to perform an act.
This Division applies to international aircraft other than international aircraft of a type specified in the regulations.
The regulations may prescribe the maximum number of take‑offs and the maximum number of landings by international aircraft that are permitted during the curfew shoulder periods in a week.
The operator of an international aircraft may apply to the Minister for permission to take‑off from, or land at, Adelaide Airport during a curfew shoulder period.
An application:
must be in writing; and
must specify the day and time of the proposed take‑off or landing; and
must set out the reasons why the applicant thinks the permission should be granted.
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.
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 8.
The Minister may impose conditions on a permission.
Without limiting subsection (5), a permission is subject to the following conditions:
if the permission relates to a take‑off—the take‑off is from runway 23; and
if the permission relates to a landing:
the landing is on runway 05, unless meteorological conditions require the aircraft to land on another runway; and
the aircraft does not use reverse thrust greater than idle reverse thrust.
Application may be made to the Administrative Review Tribunal for review of a decision:
to refuse to grant a permission; or
to grant a permission subject to conditions.
Under section 266 of the Administrative Review Tribunal Act 2024, 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 matters (if any) prescribed by the rules made under that Act.
Aircraft taking off or landing as permitted by section 14 or 16 are not to be counted towards the maximum number of take‑offs and landings under regulations made for the purposes of section 8.
The regulations:
may prescribe the maximum number of take‑offs and the maximum number of landings by low noise heavy freight aircraft that are permitted during the curfew periods in a week; and
may prescribe those maximum numbers of take‑offs and landings by reference to the types of low noise heavy freight aircraft that may take off and land.
The operator of a low noise heavy freight aircraft of a type specified in the regulations may apply to the Minister for permission to take off from, or land at, Adelaide Airport during a curfew period.
An application:
must be in writing; and
must:
specify the day and time of the proposed take‑off or landing; or
if the applicant does not know the day and time of the proposed take‑off or landing—specify the maximum number of take‑offs and landings for which the applicant seeks permission during the curfew periods in a week; and
must set out the reasons why the applicant thinks the permission should be granted.
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.
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 the curfew periods in a week than is permitted by regulations made for the purposes of section 10.
The Minister may impose conditions on a permission.
Without limiting subsection (5), a permission is subject to the following conditions:
if the permission relates to a take‑off—the take‑off is from runway 23; and
if the permission relates to a landing:
the landing is on runway 05, unless meteorological conditions require the aircraft to land on another runway; and
the aircraft does not use reverse thrust greater than idle reverse thrust.
Application may be made to the Administrative Review Tribunal for review of a decision:
to refuse to grant a permission; or
to grant a permission subject to conditions.
Under section 266 of the Administrative Review Tribunal Act 2024, 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 matters (if any) prescribed by the rules made under that Act.
Aircraft taking off or landing as permitted by section 14 or 16 are not to be counted towards the maximum number of take‑offs and landings under regulations made for the purposes of section 10.
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