Commonwealth Consolidated Regulations

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS 1984 - REG 10

(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 the Schedule — 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 the Schedule — 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).

(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) or (2), 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.