Commonwealth Consolidated Regulations

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS 1984 - REG 2

In these Regulations, unless the contrary intention appears:

(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 purposes.

(a)

a certificate of airworthiness issued under regulation 24 of the Civil Aviation Regulations 1988 ; or

(b)

a certificate of the airworthiness of an aircraft issued by, or on behalf of, a Contracting State.

Chapter 3 standards , in relation to an aircraft, means the standards in respect of aircraft noise set out in paragraphs 3.2, 3.4 and 3.5 of Chapter 3 of the Annex when the level of noise emitted by the aircraft is determined by reference to the test procedures set out in paragraphs 3.2, 3.3, 3.6 and 3.7 of Chapter 3 of the Annex and Appendix 2 to the Annex.

"Commonwealth aircraft" has the same meaning as in the Air Navigation Regulations.

"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.

"inspector" means an inspector appointed under regulation 11.

"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.

"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.

"operator" means a person, organization, or enterprise engaged in, or offering to engage in, an aircraft operation.

"registered" means registered in the register of Australian aircraft kept under regulation 8 of the Civil Aviation Regulations 1988 .

"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.

(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.

"the Annex" means Volume I of Annex 16 to the Chicago Convention, being that Annex as amended and in force on 11 November 1993.