Part 1 Preliminary
1 Name
of Regulations [see Note
1]
These Regulations are the Air Navigation
(Aircraft Noise) Regulations 1984.
2 Interpretation
(1) In these Regulations, unless the contrary intention
appears:
adventure flight means a flight involving
elements of aerobatics, mock combat or low level or high speed flight where
passengers are carried for the purpose of experiencing the flight rather than
for the purpose of transportation.
Aeronautical Information Publication has the
same meaning as in subregulation 1.03 (1) of the Air Services Regulations
1995.
Aeronautical Information Service has the same
meaning as in subregulation 1.03 (1) of the Air Services Regulations 1995.
agricultural operations means the
broadcasting of chemicals, seeds, fertilizers and other substances from
aircraft for agricultural purposes, including purposes of pest and disease
control.
aircraft does not include:
(a) a state aircraft; or
(b) a hot air balloon; or
(c) a propeller‑driven aircraft that is
specifically designed, and used exclusively, for:
(i) aerobatic purposes; or
(ii) fire fighting purposes; or
(iii) agricultural operations; or
(iv) environmental operations.
air display
means flying activities, including exhibitions involving unusual manoeuvres or
demonstrations of skill in the manipulation of aircraft, together with flights
for the purpose of demonstrating aircraft, performed before a public gathering.
airport has the same meaning as in
section 5 of the Airports Act 1996.
Annex means Volume I of Annex 16 to the
Chicago Convention, being that Annex as amended and in force on
20 November 2008.
certificate of airworthiness means:
(a) a certificate of airworthiness that was
issued under regulation 24 of the Civil Aviation Regulations 1988; or
(b) a certificate of airworthiness issued under
regulation 21.176 of the Civil Aviation Safety Regulations 1998; or
(c) a certificate of the airworthiness of an
aircraft issued by, or on behalf of, a Contracting State.
Chapter 3 standards, for an aircraft, means
the standards for aircraft noise set out in Chapter 3 of the Annex when the
level of noise emitted by the aircraft is determined in the way set out in
Chapter 3 of the Annex and Appendix 2 to the Annex.
Chapter 4 standards, for an aircraft, means
the standards for aircraft noise set out in Chapter 4 of the Annex when the
level of noise emitted by the aircraft is determined in the way set out in
Chapter 4 of the Annex and Appendix 2 to the Annex.
Commonwealth aircraft has the same meaning as
in the Air Navigation Regulations 1947.
derived version, in relation to an aircraft,
has the same meaning as in Volume I of the Annex.
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
environmental operations means the aerial
application of substances for the purposes of pollution clean-up and control.
EPNdB means effective perceived noise in
decibels.
foreign aircraft has the same meaning as in
the Air Navigation Regulations 1947.
inspector means an inspector appointed under
regulation 11.
large marginally compliant aircraft means a
subsonic jet aircraft that:
(a) either:
(i) has a maximum take-off weight of
34 000 kg or more; or
(ii) is permitted by its type
certificate to have a passenger seating capacity of more than 19 seats other
than seats for crew; and
(b) if it was not previously a state aircraft —
was certificated for compliance with the standards for aircraft noise in
Chapter 2 of the Annex; and
(c) has been modified; and
(d) if it was not previously a state aircraft —
has been re‑certificated for compliance with the standards for aircraft
noise in Chapter 3 of the Annex; and
(e) complies with the noise certification
limits mentioned in the standards for aircraft noise in Volume 1, Part II of
Chapter 3 of the Annex by a cumulative margin of not more than 5 EPNdB if:
(i) the cumulative margin is the
amount of noise, expressed in EPNdB, that is obtained by adding the individual
margins at each of the 3 noise reference points mentioned in Volume 1, Part II
of Chapter 3 of the Annex; and
(ii) an individual margin is the
difference between the certificated noise level and the maximum permitted noise
level at a referenced noise measurement point.
Note Paragraph (e) of this
definition is based upon the definition of ‘Marginally compliant aircraft’ in
Article 2 of Directive 2002/30/EC of the European Parliament and of the Council
of 26 March 2002 on the establishment of rules and procedures with regard to
the introduction of noise-related operating restrictions at Community airports.
maximum take-off weight, of an aircraft, has
the same meaning as in the Civil Aviation Regulations 1988.
noise certificate means a certificate,
whether or not consisting of a separate document, issued, or deemed to have
been issued, under regulation 6, or issued under regulation 6A.
Notice to Airmen has the same meaning as in
subregulation 1.03 (1) of the Air Services Regulations 1995.
operator means a person, organization, or
enterprise engaged in, or offering to engage in, an aircraft operation.
registered means registered under Part 47 of
the Civil Aviation Safety Regulations 1998.
relevant law means a law of a contracting
State relating to the control of aircraft noise, being a law:
(a) the requirements of which are incapable of
being complied with by an aircraft that does not satisfy the requirements of
the Annex with respect to noise certification; or
(b) compliance with the requirements of which has
been determined by the Secretary or an authorised officer, by notice published
in the Gazette, to be sufficient compliance with the requirements of the
Annex with respect to noise certification.
restricted airport means an airport mentioned
in a notice under subregulation 11 (1) as an airport where the
restrictions or prohibitions mentioned in the notice are to apply.
subsonic jet aircraft means an aircraft that:
(a) is propelled by one or more engines of the
following kinds:
(i) turbofan engines;
(ii) turbojet engines;
(iii) unducted fan engines;
(iv) rocket engines; and
(b) is not capable of sustained level flight at a
speed equal to or greater than the speed of sound.
supersonic aircraft means an aircraft that is
capable of sustained level flight at a speed equal to, or greater than, the
speed of sound.
type certificate has the same meaning as in
the Civil Aviation Safety Regulations 1998.
(2) Unless the contrary intention appears, words and
expressions used in these Regulations and in the Annex have the same meaning in
these Regulations as in the Annex.
3 Application
(1) These Regulations apply to and in relation to:
(a) international air navigation;
(b) air navigation in relation to trade and
commerce with other countries and among the States;
(ba) air navigation conducted by a foreign
corporation or a trading or financial corporation formed within the limits of
the Commonwealth;
(c) air
navigation within the Territories;
(d) air navigation
to or from the Territories;
(e) air navigation, other than air navigation
referred to in paragraph (a), (b), (c) or (d), that consists of landing at, or
taking off from, any place acquired by the Commonwealth for public purposes;
and
(f) air navigation in which a Commonwealth
aircraft is engaged.
4 Delegation
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
(c) an employee of Airservices Australia.
Part 2 Noise
certification of aircraft
5 Applications
by owner or operator of an aircraft
(1) The owner or operator of an aircraft may apply in
writing to the Secretary for:
(a) a noise certificate for the aircraft; or
(b) permission under regulation 9A for the
aircraft to engage in air navigation without a noise certificate.
(2) An applicant under subregulation (1) shall furnish
to the Secretary such information relating to the aircraft as is reasonably
required by the Secretary for a proper consideration of the application.
6 Issue
of noise certificate for aircraft to which the Annex applies
(1) Subject to regulation 6A, if an aircraft in respect
of which an application is made under paragraph 5 (1) (a) complies with the
standards in respect of noise expressed in the Annex to be applicable to
aircraft of the class to which the aircraft belongs, the Secretary must issue
to the applicant a noise certificate for the aircraft.
(2) Where the Secretary makes a decision to refuse the
issue of a noise certificate, he or she shall cause notice in writing of that
decision to be given to the applicant.
6A Issue
of noise certificate for aircraft described in Schedule 1
(1) If an aircraft in respect of which an application is
made under regulation 5:
(a) is of a type specified in column 2 of an
item in Schedule 1; and
(b) complies with
the standards in respect of aircraft noise specified in the provisions of the
Annex specified in column 3 of that item;
the Secretary must issue to the applicant a noise certificate for
the aircraft.
(2) For the purposes of subregulation (1), the noise
level that is emitted by an aircraft of a type specified in column 2 of an item
in Schedule 1 must be determined by reference to the test procedures set out in
the provisions of the Annex specified in column 4 of that item.
(3) If an aircraft is of a type that is described in
column 2 of more than 1 item in Schedule 1:
(a) subregulation (1) applies if the aircraft
complies with the standards in respect of noise specified in the provisions of
the Annex specified in column 3 of any 1 of those items; and
(b) the aircraft does not breach these
Regulations by reason only of the fact that it does not comply with the
standards in respect of noise specified in the provisions of the Annex
specified in column 3 of the other item or items.
(4) If the Secretary refuses to issue a noise
certificate, he or she must give notice in writing of the decision to the
applicant.
7 Form
and content of noise certificate
A noise certificate must:
(a) be in a form approved by the Secretary; and
(b) certify:
(i) for an aircraft of a type
specified in column 2 of an item in Schedule 1 — that the aircraft complies
with standards for aircraft noise specified in the Annex; or
(ii) in any other case — that the
aircraft complies with standards for aircraft noise expressed in the Annex to
be applicable to aircraft of the class to which the aircraft belongs; and
(c) contain the information required by the
Annex to be included in noise certification documents.
7A Noise
certificate to be carried on board aircraft
The operator of an aircraft for which a noise
certificate is in force must ensure that the noise certificate (whether
consisting of a separate document or not) is carried on board the aircraft at
all times.
8 Noise
certificate deemed to be issued in certain circumstances
(1) Where the manufacturer of an aircraft that engages
in air navigation has included in the flight manual for the aircraft a
statement to the effect that the aircraft:
(a) complies with the relevant standards in
respect of noise contained in the Annex; or
(b) complies with
the requirements of a relevant law;
there shall be deemed to have been issued under regulation 6 a
noise certificate for the aircraft.
(2) Subregulation (1) does not apply in relation to an
aircraft in respect of which a noise certificate has at any time been revoked.
9 Circumstances
in which an aircraft may engage in air navigation in Australia
(1) A subsonic jet aircraft may engage in air navigation
only if:
(a) if it complies with the Chapter 3 standards or
the Chapter 4 standards — a noise certificate is in force for it; or
(b) if it does not comply with the Chapter 3
standards or the Chapter 4 standards — a permission is in force under
regulation 9A for it; or
(c) it is undergoing testing by an inspector to
identify whether it complies with the standards in respect of noise:
(i) applicable under regulation 6A; or
(ii) expressed in the Annex to be
applicable to aircraft of the class to which it belongs; or
(d) it is undergoing testing required by the
Civil Aviation Safety Authority, or an authorised person appointed under the Civil
Aviation Safety Regulations 1998, to determine whether a certificate of
airworthiness should be issued, renewed or validated under those Regulations;
or
(e) it was registered under the Civil
Aviation Regulations 1988 on or before 6 December 1990 and continues to be
registered.
(1A) A supersonic aircraft may engage in air navigation
only if permission has been granted under regulation 9AA for the aircraft to
engage in air navigation.
(1B) If, under regulation 9AA, permission for a supersonic
aircraft to engage in air navigation is granted subject to conditions, the
aircraft must comply with those conditions when engaging in air navigation.
(2) An aircraft that is not a subsonic jet aircraft or a
supersonic aircraft may engage in air navigation only if:
(a) a noise certificate is in force for it; or
(b) a permission is in force under regulation 9A
or 9AB for it to engage in air navigation; or
(c) it is undergoing testing by an inspector to
identify whether it complies with the standards in respect of noise:
(i) applicable under regulation 6A; or
(ii) expressed in the Annex to be
applicable to aircraft of the class to which it belongs; or
(d) it is
undergoing testing required by the Civil Aviation Safety Authority, or an
authorised person appointed under the Civil Aviation Safety Regulations 1998,
to determine whether a certificate of airworthiness should be issued, renewed
or validated under those Regulations; or
(e) it was registered under the Civil
Aviation Regulations 1988 on or before 6 December 1990 and continues to be
registered.
(3) The operator of an aircraft that engages in air
navigation in contravention of this regulation is guilty of an offence.
Penalty: 20 penalty units.
(4) Strict liability
applies:
(a) for paragraph (1) (a) — to the
physical element that an aircraft complies with the Chapter 3 standards or the
Chapter 4 standards; and
(b) for paragraph (1) (b) — to the physical
element that an aircraft does not comply with the Chapter 3 standards or the
Chapter 4 standards and the physical element that a permission is in force
under regulation 9A; and
(c) for paragraph (1) (c) — to the
physical element that a noise standard applied to the aircraft under
regulation 6A, or is expressed in the Annex applicable to the aircraft of
the class to which it belongs; and
(d) for subregulation (1A) — to the physical
element that a permission was granted under regulation 9AA for the
aircraft to engage in air navigation; and
(e) for paragraph (2) (b) — to the
physical element that a permission was in force under regulation 9A or 9AB for
an aircraft to engage in air navigation; and
(f) for paragraph (2) (c) — to the
physical element that a noise standard applied to the aircraft under
regulation 6A or is expressed in the Annex applicable to the aircraft of
the class to which it belongs.
Note A person can be criminally
responsible for an offence even if he or she is mistaken about, or ignorant of,
the existence or content of an Act or subordinate legislation; see
sections 9.3 and 9.4 of the Criminal Code.
9A Permission
for a subsonic aircraft to which standards apply to engage in air navigation
(1) If an aircraft, except a supersonic aircraft, does
not comply with:
(a) in the case of an aircraft of a type
specified in column 2 of an item in Schedule 1 — the standards in respect
of aircraft noise specified in the provisions of the Annex specified in column
3 of that item; or
(b) in the case of
an aircraft included in a class of aircraft to which standards in respect of
noise are expressed in the Annex to be applicable — the relevant
standards;
the owner or operator of the aircraft may apply to the Secretary
for permission for the aircraft to engage in air navigation without a noise
certificate.
(2) If an application is made under subregulation (1),
the Secretary may give permission in writing for the aircraft to engage in air
navigation if:
(a) the aircraft is not a subsonic jet aircraft
and the extent to which the aircraft exceeds the standards is not significant;
or
(b) the historical significance of the aircraft justifies
giving the permission; or
(c) the aircraft is to be used solely for a
purpose that is in the public interest; or
(d) the aircraft is to be used for either or both
of the following purposes and for no other purpose:
(i) an air display approved by the
Civil Aviation Safety Authority;
(ii) an adventure flight.
Note See regulation 9AAA for public
consultation requirements for adventure flights.
(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;
(c) a medical or emergency flight;
(d) a scientific or research flight.
(3) If the Secretary gives permission, the Secretary
must:
(a) in a case to which paragraph 9A (2) (c) applies —
specify:
(i) the purpose for which the aircraft
is to be used; and
(ii) the period, not exceeding 1 month,
during which the aircraft may engage in air navigation; and
(b) in any case — set out in the permission
any conditions with which the applicant must comply.
(5) If the Secretary sets out conditions, the aircraft
may only be used for air navigation in accordance with the conditions.
(6) The Secretary may revoke the permission if:
(a) in relation to an aircraft of a kind
referred to in paragraph (2) (a) — the aircraft significantly exceeds the
relevant standards; or
(b) in any other case — the aircraft is not
used for the purpose for which the permission was given or is operated in
contravention of a condition set out in the permission.
(7) If the Secretary refuses to give permission, or
revokes permission, he or she must give notice in writing of the decision to
the applicant.
9AAA Public
consultation about adventure flights
(1) This regulation applies in relation to an
application for permission under regulation 9A for an aircraft that is to be
used for an adventure flight.
Note An application may relate to more
than 1 flight (Acts Interpretation Act 1901, paragraph 23 (b)).
(2) Before making the application, the owner or
operator of the aircraft must consult:
(a) the operator of the aerodrome from which the
adventure flight is proposed to be flown; and
(b) if the local governing body for the locality
in which the aerodrome is located is not the operator of the aerodrome —
the local governing body.
(3) The Secretary must not give the permission unless
the Secretary is satisfied that the consultation mentioned in
subregulation (2) has occurred.
(4) Nothing in this regulation requires the Secretary to
give the permission even if the Secretary is satisfied that the consultation
mentioned in subregulation (2) has occurred.
(5) In this regulation:
local governing body, for a locality, means:
(a) if there is a local council for the locality
— the local council; or
(b) in any other case — any other body
responsible for local government matters in the locality.
9AA Permission
for a supersonic aircraft to engage in air navigation
(1) The operator of a supersonic aircraft may apply to
the Secretary for permission for the aircraft to engage in air navigation.
(2) The Secretary may, by notice in writing, grant
permission to an applicant.
(3) If the Secretary grants permission, the Secretary:
(a) must specify in the permission the period
during which the aircraft may engage in air navigation; and
(b) may set out in the permission the conditions
with which the applicant must comply.
(4) The Secretary may revoke a permission that is
granted to the operator of a supersonic aircraft if the aircraft is operated in
contravention of a condition set out in the permission.
(5) If the Secretary:
(a) refuses to grant permission — the
Secretary must give notice in writing of the refusal to the applicant that
includes the reasons for the refusal; or
(b) revokes permission — the Secretary must
give notice in writing of the revocation to the holder of the permission that
includes the reasons for the revocation.
9AB Permission
for other aircraft to engage in air navigation
(1) The owner or operator of an aircraft (other than an
aircraft to which subregulation 9A (1) or regulation 9AA applies) may apply to
the Secretary for permission for the aircraft to engage in air navigation.
(2) The Secretary may, by notice in writing, grant
permission to an applicant.
(3) If the Secretary grants permission, the Secretary
must:
(a) specify in the permission the period during
which the aircraft may engage in air navigation; and
(b) set out in the permission any conditions with
which the applicant must comply.
(4) A person commits an offence if:
(a) a notice issued under subregulation
9AB (2) sets out conditions; and
(b) the person engages in conduct; and
(c) the person’s conduct results in a breach of
any of the conditions.
Penalty: 20 penalty units.
(5) The Secretary may revoke a permission that is
granted to the operator of an aircraft if:
(a) the aircraft is operated in contravention of
a condition set out in the permission; or
(b) the engagement of the aircraft in air
navigation has had, and is likely to continue to have, a significant noise
impact on the public.
(6) If the Secretary refuses to grant permission, or
revokes permission, he or she must give notice in writing of the decision to
the applicant.
10 Revocation
of noise certificate
(1) If an aircraft for which a noise certificate has
been issued, or is deemed to have been issued, ceases to conform with:
(a) in the case of an aircraft of a type
specified in column 2 of an item in Schedule 1 — the standards in respect
of aircraft noise specified in the provisions of the Annex specified in column
3 of that item; or
(b) in any other case:
(i) the standards in respect of noise
expressed in the Annex to be applicable to aircraft of the class to which the
aircraft belongs; or
(ii) the
requirements of a relevant law;
the Secretary may give to the operator of the aircraft notice in
writing that the Secretary intends to revoke the noise certificate.
(2) Where:
(a) an aircraft for which a notice is given
under subregulation (1) does not, within the prescribed period, comply with:
(i) in the case of an aircraft of a
type specified in column 2 of an item in Schedule 1 — the standards in
respect of aircraft noise specified in the provisions of the Annex specified in
column 3 of that item; or
(ii) in any other case:
(A) the standards in respect
of noise expressed in the Annex to be applicable to aircraft of the class to
which the aircraft belongs; or
(B) the requirements of a
relevant law; or
(b) the operator
of an aircraft for which a noise certificate is in force fails, without
reasonable excuse, to comply with any reasonable requirement made by an
inspector under these Regulations in respect of the aircraft;
the Secretary may, by notice in writing given to the operator of
the aircraft, revoke the noise certificate issued in relation to the aircraft.
(3) For the purposes of paragraph (2) (a), the period
that is the prescribed period for the aircraft is the period of 30 days or such
longer period as the Secretary, within that period of 30 days, allows
commencing on the day immediately succeeding the day on which the notice is
given under subregulation (1).
(3A) If the operator of an aircraft for which a noise
certificate is in force fails to comply with regulation 7A, the Secretary
may, by notice in writing given to the operator, revoke the noise certificate.
(4) The operator of an aircraft shall, as soon as
possible, and in any case within 14 days, after receipt by him of notice of
revocation of a noise certificate:
(a) except where paragraph (b) or (c)
applies — return the noise certificate, or cause it to be returned, to the
Secretary;
(b) where the noise certificate is contained in a
document that also contains other material — present that document, or
cause it to be presented, to the Secretary for noting thereon the fact of
revocation; or
(c) in the case
of an aircraft in relation to which, by virtue of subregulation 8 (1), a noise
certificate is deemed to have been issued — present the flight manual for
the aircraft to the Secretary for noting thereon the fact of revocation.
Penalty: 5 penalty units.
(4A) An offence against subregulation (4) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(5) Where:
(a) under subregulation (1), (2) or (3A), a
notice is given by the Secretary or an authorised officer to the operator of an
aircraft; and
(b) the operator
is not the owner of the aircraft;
the Secretary or the authorised officer shall give a copy of the
notice to the owner of the aircraft.
Part 3 Restrictions
on operation of large marginally compliant aircraft and permissions
11 Imposition
of operating restrictions at airport
(1) The Minister may, by notice in writing, restrict or
prohibit the operation of large marginally compliant aircraft at an airport.
(2) The Minister may issue a notice under subregulation (1)
for an airport only if satisfied that the operation of large marginally
compliant aircraft at the airport is creating, or may create, excessive noise
at the airport and in at least 1 community near the airport.
(3) The Minister must consider the outcome of
consultation conducted by the Department with persons who may be affected by
the issue of a notice, including persons living in communities near the airport,
when deciding if he or she is satisfied of the matter mentioned in subregulation (2).
Example
Persons who may be affected by the issue of the notice
include aircraft operators, airport operators, members of the public, local,
state and federal government bodies and relevant industry bodies.
(4) A notice under subregulation (1):
(a) must mention:
(i) the restricted airport; and
(ii) the restrictions or prohibitions
that are to apply to the operation of large marginally compliant aircraft at
the restricted airport; and
(b) may mention the kinds of large marginally
compliant aircraft to which a restriction or prohibition applies.
Example
Examples of restrictions that may be imposed by a notice
under subregulation (1) are as follows:
(a) limiting aircraft operations to stated runways or
flight paths;
(b) restricting the hours of aircraft operations;
(c) ways in which aircraft operations are to be
phased out;
(d) non-addition rules.
Examples of non-addition rules for paragraph (d) are
restricting operators from replacing a large marginally compliant aircraft
operating at a restricted airport with another large marginally compliant
aircraft, or from operating additional large marginally compliant aircraft at a
restricted airport.
(5) A notice under subregulation (1) must be:
(a) published in the Gazette; and
(b) published by the Aeronautical
Information Service in:
(i) a Notice to Airmen; and
(ii) the Aeronautical Information
Publication.
12 Permission
to use restricted airport in public interest
(1) The operator of a large marginally compliant
aircraft may apply to the Secretary for permission for the aircraft to operate
at a restricted airport in a way that would otherwise contravene a notice under
subregulation 11 (1).
(2) The Secretary may give permission for the large
marginally compliant aircraft to operate at a restricted airport in a way that
would otherwise contravene a notice under subregulation 11 (1) only if the
Secretary considers that the aircraft is to operate for a purpose that is in
the public interest.
(3) For subregulations (1) and (2), a purpose that is in
the public interest includes any of the following:
(a) a medical or emergency flight;
(b) a humanitarian purpose;
(c) the provision of essential services to a
remote area;
(d) a scientific or research flight.
(4) A permission by the Secretary under subregulation (2)
must:
(a) be in writing; and
(b) mention the following:
(i) the purpose in the public interest
for which the large marginally compliant aircraft may operate at the restricted
airport;
(ii) the period, not more than 1 month,
during which the large marginally compliant aircraft may operate for the public
interest purpose at the restricted airport;
(iii) any conditions with which the
large marginally compliant aircraft must comply when operating at the
restricted airport.
13 Prohibition
on operating at restricted airport
(1) A large marginally compliant aircraft must not
operate at a restricted airport in contravention of a notice issued by the
Minister under subregulation 11 (1) unless the operation of the aircraft
is permitted by the Secretary under subregulation 12 (2).
(2) The operator of a large marginally compliant
aircraft commits an offence if:
(a) the operator engages in conduct; and
(b) the operator’s conduct results in a
contravention of subregulation (1).
Penalty: 50 penalty
units.
(3) Strict liability applies to paragraph (2) (b).
Part 4 Miscellaneous
14 Inspectors
(1) The Secretary may, in writing, appoint:
(a) an officer of the Civil Aviation Safety
Authority or an employee of Airservices Australia; or
(b) a person who
is able to measure the level of noise emitted by an aircraft;
as an inspector.
(2) The Secretary must issue to an inspector an identity
card, bearing a recent photograph of the person, stating that the person is an
inspector appointed under these Regulations.
(2A) A person who ceases to be an inspector must not fail
to return his or her identity card to the Secretary as soon as practicable, but
in any case within 14 days after receiving notice of the cessation or
termination of his or her appointment under these Regulations.
Penalty: 1 penalty unit.
(2B) An offence against subregulation (2A) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(2C) It is a defence to a prosecution under subregulation (2A)
that the defendant had a reasonable excuse for failing to return the relevant
identity card.
Note A defendant bears an evidential
burden in relation to whether or not he or she had a reasonable excuse (see
subsection 13.3 (3) of the Criminal Code).
(3) An inspector may require the operator of an
aircraft:
(a) in respect of which an application has been
made under regulation 5; or
(b) in respect of
which a noise certificate is in force;
to make the aircraft available for inspection at any reasonable
time, and may inspect the aircraft when so made available, for the purpose of
determining whether the aircraft complies with:
(c) in the case of an aircraft of a type
specified in column 2 of an item in Schedule 1 — the standards in respect
of aircraft noise specified in the provisions of the Annex specified in column
3 of that item; or
(d) in any other
case:
(i) the standards in respect of noise
expressed in the Annex to be applicable to aircraft of the class to which the
aircraft belongs; or
(ii) the requirements of a relevant
law.
(3A) An inspector may not:
(a) require the operator of an aircraft referred
to in subregulation (3) to make the aircraft available for inspection; or
(b) inspect the
aircraft;
if he or she fails to produce his or her identity card when
requested to do so.
(4) An inspector may, in the course of inspecting an
aircraft, carry out such tests in relation to the aircraft, including tests
carried out while it is in flight (whether or not the inspector is on board the
aircraft), as are necessary for determining whether the aircraft complies with
the relevant standards in respect of noise.
15 Review
of decisions
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) or 9AB (2); or
(c) specifying a period under paragraph
9A (3) (a), 9AA (3) (a) or 9AB (3) (a); or
(d) imposing, or varying, a condition under
paragraph 9A (3) (b), 9AA (3) (b) or 9AB (3) (b); or
(e) revoking a permission under subregulation 9A
(6), 9AA (4) or 9AB (5); or
(f) revoking a noise certificate under
subregulation 10 (2) or (3A).