Commonwealth Consolidated Acts

SYDNEY AIRPORT CURFEW ACT 1995 - SECT 15

             (1)  Subject to section 17, a jet aircraft of a type specified in a legislative instrument made under subsection (2) may:

                     (a)  take off from runway 16R during a curfew period if the start of roll is from south of the intersection of that runway and taxiway G; or

                     (b)  land on runway 34L during a curfew period.

             (2)  Subject to subsections (5) and (6), the Minister may, by legislative instrument, specify a type of jet aircraft that:

                     (a)  has a maximum take‑off weight of 34,000 kilograms or less; and

                     (b)  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

                     (c)  complies with the 90‑95 noise level rule specified in subsection (3).

             (3)  A type of aircraft complies with the 90‑95 rule if aircraft of that type have a noise level that:

                     (a)  on take‑off:

                              (i)  does not exceed 90 EPNdB; or

                             (ii)  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

                     (b)  on landing:

                              (i)  does not exceed 95 EPNdB; or

                             (ii)  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.

             (4)  In subsection (3), noise level , expressed as a figure of EPNdB, means the effective perceived noise in decibels:

                     (a)  measured by reference to the test procedures specified in Chapter 3 of the Annex; and

                     (b)  certified in a noise certificate within the meaning of the Air Navigation (Aircraft Noise) Regulations.

             (6)  The consultation procedures set out in the Schedule apply if the Minister proposes to make a legislative instrument under subsection (2).

             (7)  A notice in force under subregulation 6A(1) of the Air Navigation (Aerodrome Curfew) Regulations immediately before the commencement of this Act has effect after that commencement as if it were a legislative instrument made by the Minister under subsection (2) of this section.