Commonwealth Consolidated Regulations

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS 1984 - REG 9A

(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 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 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.

(1A)

If:

(a)

an aircraft is a subsonic jet aircraft that meets Chapter 2 standards; and

(b)

the aircraft is allowed to engage in air navigation only if permission is granted under this regulation;

the owner or operator of the aircraft may apply to the Secretary for permission for the aircraft to engage in air navigation.

(2)

If an application is made under subregulation (1) or (1A), the Secretary may give permission in writing for the aircraft to engage in air navigation if:

(a)

in the case of an aircraft, other than a subsonic jet aircraft, to which an application under subregulation (1) relates — 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.

(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.