{"id":"F2018L01687","name":"Air Navigation (Essendon Fields Airport) Regulations 2018","slug":"air-navigation-essendon-fields-airport-regulations-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98336,"registerId":"commonwealth-F2018L01687-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Air Navigation (Essendon Fields Airport) Regulations 2018.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under the Air Navigation Act 1920.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n (a) aircraft;\n (b) the Chicago Convention.\n In this instrument:\n\n> Act means the Air Navigation Act 1920.\n\n> alternate airport: see subsection 9(2).\n\n> Annex means volume 1 of Annex 16 to the Chicago Convention, being that Annex as amended and in force at the commencement of this instrument.\n\n> curfew period: see section 7.\n\n> engage in conduct means:\n\n (a) do an act; or\n (b) omit to perform an act.\n\n> involved in an emergency: see subsection 14(4).\n\n> land: an aircraft lands when it touches the ground.\n\n> maximum take‑off weight of an aircraft means the weight, or the highest of the weights, set out as a maximum take‑off weight for the aircraft in the aircraft’s certificate of airworthiness (within the meaning of the Civil Aviation Safety Regulations 1998) or flight manual.\n\n> noise certificate has the same meaning as in the Air Navigation (Aircraft Noise) Regulations 2018.\n\n> noise level of an aircraft, expressed as a figure of EPNdB, means the effective perceived noise in decibels certified in a noise certificate for the aircraft.\n\n> regular public transport operation means an operation of an aircraft:\n\n (a) for the purpose of transporting persons generally, or transporting cargo for persons generally; and\n (b) for hire or reward; and\n (c) in accordance with fixed schedules to and from fixed terminals over specific routes, with or without intermediate stopping places between terminals.\n\n> take off: an aircraft takes off when it leaves the ground.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Restrictions applying at all times","content":"## Part 2—Restrictions applying at all times","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Aircraft with maximum take‑off weight of 45,000 kg or more","content":"#### 6 Aircraft with maximum take‑off weight of 45,000 kg or more\n\n (1) An operator of an aircraft must not engage in conduct that results in an aircraft taking off from, or landing at, Essendon Fields Airport if the aircraft has a maximum take‑off weight of 45,000 kilograms or more.\n\nPenalty: 50 penalty units.\n\n (2) Subsection (1) does not apply if the aircraft has a maximum take‑off weight of no more than 50,000 kilograms and:\n (a) the take‑off or landing is permitted under section 14 (aircraft involved in emergencies or police operations); or\n (b) all of the following apply:\n (i) the aircraft complies with the maximum noise levels specified in Chapter 4 or 14 of the Annex that are applicable to the maximum take‑off weight of the aircraft (whether or not that Chapter is expressed to apply to the aircraft);\n (ii) the aircraft is permitted by its type certificate (within the meaning of the Civil Aviation Safety Regulations 1998) to have a passenger seating capacity of 19 seats or fewer (other than seats for crew);\n (iii) the aircraft is not being used in a regular public transport operation;\n (iv) the take‑off or landing does not occur during a curfew period;\n (v) for a landing—the minimum amount of reverse thrust necessary for a safe landing is used.\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection: see subsection 13.3(3) of the Criminal Code.","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Restrictions relating to curfew periods","content":"## Part 3—Restrictions relating to curfew periods","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Curfew period","content":"#### 7 Curfew period\n\n A curfew period starts at 11 pm on a day and ends at 6 am on the next day.\n\n> Note: In this instrument, references to time are references to legal time in Victoria: see section 37 of the Acts Interpretation Act 1901.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Prohibition on taking off or landing during curfew periods","content":"#### 8 Prohibition on taking off or landing during curfew periods\n\n (1) An operator of an aircraft must not engage in conduct that results in an aircraft taking off from, or landing at, Essendon Fields Airport during a curfew period.\n\nPenalty: 50 penalty units.\n\n (2) Subsection (1) does not apply if the take‑off or landing is permitted under Part 4.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Prohibition on use of Essendon Fields Airport as alternate airport during curfew periods","content":"#### 9 Prohibition on use of Essendon Fields Airport as alternate airport during curfew periods\n\n (1) An operator of an aircraft involved in a scheduled flight commits an offence of strict liability if:\n (a) the flight plan for the flight specifies Essendon Fields Airport as an alternate airport for the flight; and\n (b) the flight is scheduled to end during a curfew period.\n\nPenalty: 50 penalty units.\n\n (2) An alternate airport, for a flight, is an airport to which the flight may proceed when it becomes inadvisable to land at the airport of intended landing.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Failure to submit flight plan in relation to movements during curfew period","content":"#### 10 Failure to submit flight plan in relation to movements during curfew period\n\n (1) Before an aircraft does either of the following during a curfew period:\n (a) takes off from Essendon Fields Airport on a flight;\n (b) lands at Essendon Fields Airport at the end of a flight;\n the operator of the aircraft must ensure a flight plan for the flight is submitted to Airservices Australia.\n (2) An operator of an aircraft commits an offence if:\n (a) the operator is subject to a requirement under subsection (1); and\n (b) the operator engages in conduct; and\n (c) the conduct contravenes the requirement.\n\nPenalty: 50 penalty units.\n\n (3) Subsections (1) and (2) do not apply in relation to the landing of an aircraft at Essendon Fields Airport during a curfew period if the landing is permitted under subsection 14(2) (aircraft involved in an emergency) or section 15 (dispensations in exceptional circumstances).\n\n> Note 1: A defendant bears an evidential burden in relation to a matter in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n> Note 2: Before granting a dispensation authorising an aircraft to land despite this section, the Secretary must be satisfied that when the aircraft took off, the operator of the aircraft reasonably believed that the aircraft would land before the start of the curfew period: see paragraph 15(3)(b) of this instrument.","sortOrder":10},{"sectionNumber":"Part 4","sectionType":"part","heading":"Permitted aircraft movements","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Air Navigation (Essendon Fields Airport) Regulations 2018.\n\n#### 3 Authority\n\n This instrument is made under the Air Navigation Act 1920.\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n (a) aircraft;\n (b) the Chicago Convention.\n In this instrument:\n\n> Act means the Air Navigation Act 1920.\n\n> alternate airport: see subsection 9(2).\n\n> Annex means volume 1 of Annex 16 to the Chicago Convention, being that Annex as amended and in force at the commencement of this instrument.\n\n> curfew period: see section 7.\n\n> engage in conduct means:\n\n (a) do an act; or\n (b) omit to perform an act.\n\n> involved in an emergency: see subsection 14(4).\n\n> land: an aircraft lands when it touches the ground.\n\n> maximum take‑off weight of an aircraft means the weight, or the highest of the weights, set out as a maximum take‑off weight for the aircraft in the aircraft’s certificate of airworthiness (within the meaning of the Civil Aviation Safety Regulations 1998) or flight manual.\n\n> noise certificate has the same meaning as in the Air Navigation (Aircraft Noise) Regulations 2018.\n\n> noise level of an aircraft, expressed as a figure of EPNdB, means the effective perceived noise in decibels certified in a noise certificate for the aircraft.\n\n> regular public transport operation means an operation of an aircraft:\n\n (a) for the purpose of transporting persons generally, or transporting cargo for persons generally; and\n (b) for hire or reward; and\n (c) in accordance with fixed schedules to and from fixed terminals over specific routes, with or without intermediate stopping places between terminals.\n\n> take off: an aircraft takes off when it leaves the ground.\n\n## Part 2—Restrictions applying at all times\n\n#### 6 Aircraft with maximum take‑off weight of 45,000 kg or more\n\n (1) An operator of an aircraft must not engage in conduct that results in an aircraft taking off from, or landing at, Essendon Fields Airport if the aircraft has a maximum take‑off weight of 45,000 kilograms or more.\n\nPenalty: 50 penalty units.\n\n (2) Subsection (1) does not apply if the aircraft has a maximum take‑off weight of no more than 50,000 kilograms and:\n (a) the take‑off or landing is permitted under section 14 (aircraft involved in emergencies or police operations); or\n (b) all of the following apply:\n (i) the aircraft complies with the maximum noise levels specified in Chapter 4 or 14 of the Annex that are applicable to the maximum take‑off weight of the aircraft (whether or not that Chapter is expressed to apply to the aircraft);\n (ii) the aircraft is permitted by its type certificate (within the meaning of the Civil Aviation Safety Regulations 1998) to have a passenger seating capacity of 19 seats or fewer (other than seats for crew);\n (iii) the aircraft is not being used in a regular public transport operation;\n (iv) the take‑off or landing does not occur during a curfew period;\n (v) for a landing—the minimum amount of reverse thrust necessary for a safe landing is used.\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n## Part 3—Restrictions relating to curfew periods\n\n#### 7 Curfew period\n\n A curfew period starts at 11 pm on a day and ends at 6 am on the next day.\n\n> Note: In this instrument, references to time are references to legal time in Victoria: see section 37 of the Acts Interpretation Act 1901.\n\n#### 8 Prohibition on taking off or landing during curfew periods\n\n (1) An operator of an aircraft must not engage in conduct that results in an aircraft taking off from, or landing at, Essendon Fields Airport during a curfew period.\n\nPenalty: 50 penalty units.\n\n (2) Subsection (1) does not apply if the take‑off or landing is permitted under Part 4.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n#### 9 Prohibition on use of Essendon Fields Airport as alternate airport during curfew periods\n\n (1) An operator of an aircraft involved in a scheduled flight commits an offence of strict liability if:\n (a) the flight plan for the flight specifies Essendon Fields Airport as an alternate airport for the flight; and\n (b) the flight is scheduled to end during a curfew period.\n\nPenalty: 50 penalty units.\n\n (2) An alternate airport, for a flight, is an airport to which the flight may proceed when it becomes inadvisable to land at the airport of intended landing.\n\n#### 10 Failure to submit flight plan in relation to movements during curfew period\n\n (1) Before an aircraft does either of the following during a curfew period:\n (a) takes off from Essendon Fields Airport on a flight;\n (b) lands at Essendon Fields Airport at the end of a flight;\n the operator of the aircraft must ensure a flight plan for the flight is submitted to Airservices Australia.\n (2) An operator of an aircraft commits an offence if:\n (a) the operator is subject to a requirement under subsection (1); and\n (b) the operator engages in conduct; and\n (c) the conduct contravenes the requirement.\n\nPenalty: 50 penalty units.\n\n (3) Subsections (1) and (2) do not apply in relation to the landing of an aircraft at Essendon Fields Airport during a curfew period if the landing is permitted under subsection 14(2) (aircraft involved in an emergency) or section 15 (dispensations in exceptional circumstances).\n\n> Note 1: A defendant bears an evidential burden in relation to a matter in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n> Note 2: Before granting a dispensation authorising an aircraft to land despite this section, the Secretary must be satisfied that when the aircraft took off, the operator of the aircraft reasonably believed that the aircraft would land before the start of the curfew period: see paragraph 15(3)(b) of this instrument.\n\n## Part 4—Permitted aircraft movements\n\n### Division 1—Movements permitted during curfew periods\n\n#### 11 Taxi clearance received, or taxiing for take‑off started, before start of curfew period\n\n An aircraft may take off from Essendon Fields Airport during a curfew period, despite section 8, if:\n (a) the aircraft received taxi clearance for the take‑off before the start of the curfew period; or\n (b) air traffic control (within the meaning of the Civil Aviation Safety Regulations 1998) is not available, and the aircraft began taxiing for take‑off before the start of the curfew period.\n\n> Note: The aircraft’s maximum take‑off weight must be less than 45,000 kilograms: see subsection 6(1). An operator of the aircraft must ensure a flight plan is submitted to Airservices Australia before the take‑off: see subsection 10(1).\n\n#### 12 Propeller‑driven aircraft\n\n A propeller‑driven aircraft may take off from, or land at, Essendon Fields Airport during a curfew period, despite section 8, if:\n (a) a noise certificate issued under section 8 of the Air Navigation (Aircraft Noise) Regulations 2018 is in force for the aircraft; and\n (b) for an aircraft that has a maximum take‑off weight of more than 8,168 kilograms—the noise levels of the aircraft do not exceed:\n (i) 90 EPNdB on take‑off; and\n (ii) 95 EPNdB on landing.\n\n> Note: The aircraft’s maximum take‑off weight must be less than 45,000 kilograms: see subsection 6(1). An operator of the aircraft must ensure a flight plan is submitted to Airservices Australia before the take‑off or landing: see subsection 10(1).\n\n#### 13 Helicopters\n\n A helicopter may take off from, or land at, Essendon Fields Airport during a curfew period, despite section 8, if a noise certificate is in force for the helicopter.\n\n> Note: The helicopter’s maximum take‑off weight must be less than 45,000 kilograms: see subsection 6(1). An operator of the helicopter must ensure a flight plan is submitted to Airservices Australia before the take‑off or landing: see subsection 10(1).\n\n### Division 2—Emergencies, police operations and dispensations\n\n#### 14 Aircraft involved in emergencies or police operations\n\n Scope\n (1) This section applies to an aircraft that has a maximum take‑off weight of no more than 50,000 kilograms.\n Emergencies\n (2) If the aircraft is involved in an emergency, the aircraft may:\n (a) take off from Essendon Fields Airport despite section 6 or 8; or\n (b) land at Essendon Fields Airport despite section 6, 8 or 10.\n (3) The aircraft may take off from Essendon Fields Airport despite section 6 or 8 to resume a flight interrupted because the aircraft was involved in an emergency.\n (4) The aircraft is involved in an emergency if:\n (a) the aircraft is being used for or in connection with:\n (i) a search and rescue operation; or\n (ii) a medical emergency; or\n (iii) a natural disaster; or\n (iv) a mercy flight; or\n (v) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates; or\n (b) the pilot of the aircraft has declared an in‑flight emergency; or\n (c) the aircraft has insufficient fuel to be diverted to another airport; or\n (d) there is an urgent need for the aircraft to land or take off:\n (i) to ensure the safety or security of the aircraft or a person; or\n (ii) to avoid damage to property.\n Police operations\n (5) The aircraft may take off from, or land at, Essendon Fields Airport despite section 6 or 8 if the aircraft is being used for an operation conducted by, or on behalf of, Victoria Police.\n\n#### 15 Dispensations relating to curfew periods in exceptional circumstances\n\n Scope\n (1) This section applies to an aircraft that has a maximum take‑off weight of less than 45,000 kilograms.\n Grant of dispensation\n (2) The aircraft may take off from, or land at, Essendon Fields Airport during a curfew period, despite a provision of this instrument, if:\n (a) a dispensation granted by the Secretary under subsection (3) authorises the take‑off or landing despite that provision; and\n (b) the take‑off or landing is in accordance with any conditions of the dispensation.\n (3) The Secretary may, on application by an operator of the aircraft, grant a dispensation authorising the aircraft to take off from Essendon Fields Airport despite section 8, or land at Essendon Fields Airport despite section 8 or 10, if the Secretary is satisfied:\n (a) that there are exceptional circumstances that justify permitting the take‑off or landing; and\n (b) in relation to a landing despite section 10—that when the aircraft took off, the operator of the aircraft reasonably believed that the aircraft would land before the start of the curfew period.\n (4) The Secretary may grant the dispensation subject to conditions.\n\n> Note: Example: A condition about when the take‑off or landing must occur.\n\n (5) If the dispensation authorises the aircraft to take off or land despite section 8, the dispensation must relate only to one take‑off or one landing of the aircraft (but not both).\n Record keeping\n (6) The application need not be in writing. However, as soon as practicable after the grant of the dispensation, the operator must give a written statement to the Secretary explaining the exceptional circumstances that gave rise to the application.\n (7) The dispensation need not be in writing. However, the Secretary must make and keep a record of the dispensation and the reasons for granting it.\n Offence\n (8) An operator of an aircraft commits an offence if:\n (a) the operator is subject to a requirement under subsection (6); and\n (b) the operator fails to comply with the requirement.\n\nPenalty: 10 penalty units.\n\n## Part 5—Giving information to the Secretary\n\n#### 16 Giving information to the Secretary\n\n (1) The Secretary may, by notice in writing, require an operator of an aircraft to give the Secretary, within 30 days after receiving the notice, information relevant to determining whether a provision of this instrument has been complied with.\n\n> Note: Example: Information about the noise level of an aircraft, or information relevant to determining whether a take‑off or landing of an aircraft was permitted under section 14 (aircraft involved in emergencies or police operations).\n\n (2) A notice under subsection (1) must state:\n (a) the information to be given; and\n (b) how the information is to be given; and\n (c) that the operator must comply with the notice within 30 days after receiving the notice.\n (3) The operator of an aircraft commits an offence if:\n (a) the operator is subject to a requirement under subsection (1); and\n (b) the operator fails to comply with the requirement.\n\nPenalty: 10 penalty units.\n\n## Part 6—Miscellaneous\n\n#### 17 Delegation\n\n (1) The Secretary may, in writing, delegate any of the Secretary’s powers or functions under this instrument (other than this power of delegation) to an APS employee in the Department who holds or performs the duties of:\n (a) an Executive Level 1 position; or\n (b) an equivalent or higher position.\n (2) Before delegating a power or function under subsection (1), the Secretary must have regard to:\n (a) if the power or function is to be delegated to an APS employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the APS employee to exercise the power or perform the function or duty; or\n (b) otherwise—whether the APS employee has appropriate qualifications or expertise to exercise the power or perform the function.\n (3) In doing anything under a delegation under this section, the delegate must comply with any directions of the Secretary.\n\n## Part 7—Transitional provisions\n\n#### 18 Saving of delegations\n\n A delegation to a person, under regulation 18 of the Air Navigation (Essendon Fields Airport) Regulations 2001 (the old law), that is:\n (a) of a power or function of the Secretary under the old law described in column 1 of an item in the following table; and\n (b) in force immediately before the commencement of this section;\n has effect on and after that commencement as if it were a delegation to that person, under section 17 of this instrument, of a power or function under this instrument described in column 2 of that item.\n\n```html\n

Saving of delegations

Item

Column 1

Description of delegated power or function under the old law

Column 2

Description of delegated power or function under this instrument

1

Power or function under regulation 15 relating to grant of a dispensation

Power or function under section 15 relating to grant of a dispensation

2

Power under regulation 16 to ask for information

Power under section 16 to require information to be given

\n```","sortOrder":11},{"sectionNumber":"Division 1","sectionType":"division","heading":"Movements permitted during curfew periods","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Air Navigation (Essendon Fields Airport) Regulations 2018.\n\n#### 3 Authority\n\n This instrument is made under the Air Navigation Act 1920.\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n (a) aircraft;\n (b) the Chicago Convention.\n In this instrument:\n\n> Act means the Air Navigation Act 1920.\n\n> alternate airport: see subsection 9(2).\n\n> Annex means volume 1 of Annex 16 to the Chicago Convention, being that Annex as amended and in force at the commencement of this instrument.\n\n> curfew period: see section 7.\n\n> engage in conduct means:\n\n (a) do an act; or\n (b) omit to perform an act.\n\n> involved in an emergency: see subsection 14(4).\n\n> land: an aircraft lands when it touches the ground.\n\n> maximum take‑off weight of an aircraft means the weight, or the highest of the weights, set out as a maximum take‑off weight for the aircraft in the aircraft’s certificate of airworthiness (within the meaning of the Civil Aviation Safety Regulations 1998) or flight manual.\n\n> noise certificate has the same meaning as in the Air Navigation (Aircraft Noise) Regulations 2018.\n\n> noise level of an aircraft, expressed as a figure of EPNdB, means the effective perceived noise in decibels certified in a noise certificate for the aircraft.\n\n> regular public transport operation means an operation of an aircraft:\n\n (a) for the purpose of transporting persons generally, or transporting cargo for persons generally; and\n (b) for hire or reward; and\n (c) in accordance with fixed schedules to and from fixed terminals over specific routes, with or without intermediate stopping places between terminals.\n\n> take off: an aircraft takes off when it leaves the ground.\n\n## Part 2—Restrictions applying at all times\n\n#### 6 Aircraft with maximum take‑off weight of 45,000 kg or more\n\n (1) An operator of an aircraft must not engage in conduct that results in an aircraft taking off from, or landing at, Essendon Fields Airport if the aircraft has a maximum take‑off weight of 45,000 kilograms or more.\n\nPenalty: 50 penalty units.\n\n (2) Subsection (1) does not apply if the aircraft has a maximum take‑off weight of no more than 50,000 kilograms and:\n (a) the take‑off or landing is permitted under section 14 (aircraft involved in emergencies or police operations); or\n (b) all of the following apply:\n (i) the aircraft complies with the maximum noise levels specified in Chapter 4 or 14 of the Annex that are applicable to the maximum take‑off weight of the aircraft (whether or not that Chapter is expressed to apply to the aircraft);\n (ii) the aircraft is permitted by its type certificate (within the meaning of the Civil Aviation Safety Regulations 1998) to have a passenger seating capacity of 19 seats or fewer (other than seats for crew);\n (iii) the aircraft is not being used in a regular public transport operation;\n (iv) the take‑off or landing does not occur during a curfew period;\n (v) for a landing—the minimum amount of reverse thrust necessary for a safe landing is used.\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n## Part 3—Restrictions relating to curfew periods\n\n#### 7 Curfew period\n\n A curfew period starts at 11 pm on a day and ends at 6 am on the next day.\n\n> Note: In this instrument, references to time are references to legal time in Victoria: see section 37 of the Acts Interpretation Act 1901.\n\n#### 8 Prohibition on taking off or landing during curfew periods\n\n (1) An operator of an aircraft must not engage in conduct that results in an aircraft taking off from, or landing at, Essendon Fields Airport during a curfew period.\n\nPenalty: 50 penalty units.\n\n (2) Subsection (1) does not apply if the take‑off or landing is permitted under Part 4.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n#### 9 Prohibition on use of Essendon Fields Airport as alternate airport during curfew periods\n\n (1) An operator of an aircraft involved in a scheduled flight commits an offence of strict liability if:\n (a) the flight plan for the flight specifies Essendon Fields Airport as an alternate airport for the flight; and\n (b) the flight is scheduled to end during a curfew period.\n\nPenalty: 50 penalty units.\n\n (2) An alternate airport, for a flight, is an airport to which the flight may proceed when it becomes inadvisable to land at the airport of intended landing.\n\n#### 10 Failure to submit flight plan in relation to movements during curfew period\n\n (1) Before an aircraft does either of the following during a curfew period:\n (a) takes off from Essendon Fields Airport on a flight;\n (b) lands at Essendon Fields Airport at the end of a flight;\n the operator of the aircraft must ensure a flight plan for the flight is submitted to Airservices Australia.\n (2) An operator of an aircraft commits an offence if:\n (a) the operator is subject to a requirement under subsection (1); and\n (b) the operator engages in conduct; and\n (c) the conduct contravenes the requirement.\n\nPenalty: 50 penalty units.\n\n (3) Subsections (1) and (2) do not apply in relation to the landing of an aircraft at Essendon Fields Airport during a curfew period if the landing is permitted under subsection 14(2) (aircraft involved in an emergency) or section 15 (dispensations in exceptional circumstances).\n\n> Note 1: A defendant bears an evidential burden in relation to a matter in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n> Note 2: Before granting a dispensation authorising an aircraft to land despite this section, the Secretary must be satisfied that when the aircraft took off, the operator of the aircraft reasonably believed that the aircraft would land before the start of the curfew period: see paragraph 15(3)(b) of this instrument.\n\n## Part 4—Permitted aircraft movements\n\n### Division 1—Movements permitted during curfew periods\n\n#### 11 Taxi clearance received, or taxiing for take‑off started, before start of curfew period\n\n An aircraft may take off from Essendon Fields Airport during a curfew period, despite section 8, if:\n (a) the aircraft received taxi clearance for the take‑off before the start of the curfew period; or\n (b) air traffic control (within the meaning of the Civil Aviation Safety Regulations 1998) is not available, and the aircraft began taxiing for take‑off before the start of the curfew period.\n\n> Note: The aircraft’s maximum take‑off weight must be less than 45,000 kilograms: see subsection 6(1). An operator of the aircraft must ensure a flight plan is submitted to Airservices Australia before the take‑off: see subsection 10(1).\n\n#### 12 Propeller‑driven aircraft\n\n A propeller‑driven aircraft may take off from, or land at, Essendon Fields Airport during a curfew period, despite section 8, if:\n (a) a noise certificate issued under section 8 of the Air Navigation (Aircraft Noise) Regulations 2018 is in force for the aircraft; and\n (b) for an aircraft that has a maximum take‑off weight of more than 8,168 kilograms—the noise levels of the aircraft do not exceed:\n (i) 90 EPNdB on take‑off; and\n (ii) 95 EPNdB on landing.\n\n> Note: The aircraft’s maximum take‑off weight must be less than 45,000 kilograms: see subsection 6(1). An operator of the aircraft must ensure a flight plan is submitted to Airservices Australia before the take‑off or landing: see subsection 10(1).\n\n#### 13 Helicopters\n\n A helicopter may take off from, or land at, Essendon Fields Airport during a curfew period, despite section 8, if a noise certificate is in force for the helicopter.\n\n> Note: The helicopter’s maximum take‑off weight must be less than 45,000 kilograms: see subsection 6(1). An operator of the helicopter must ensure a flight plan is submitted to Airservices Australia before the take‑off or landing: see subsection 10(1).\n\n### Division 2—Emergencies, police operations and dispensations\n\n#### 14 Aircraft involved in emergencies or police operations\n\n Scope\n (1) This section applies to an aircraft that has a maximum take‑off weight of no more than 50,000 kilograms.\n Emergencies\n (2) If the aircraft is involved in an emergency, the aircraft may:\n (a) take off from Essendon Fields Airport despite section 6 or 8; or\n (b) land at Essendon Fields Airport despite section 6, 8 or 10.\n (3) The aircraft may take off from Essendon Fields Airport despite section 6 or 8 to resume a flight interrupted because the aircraft was involved in an emergency.\n (4) The aircraft is involved in an emergency if:\n (a) the aircraft is being used for or in connection with:\n (i) a search and rescue operation; or\n (ii) a medical emergency; or\n (iii) a natural disaster; or\n (iv) a mercy flight; or\n (v) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates; or\n (b) the pilot of the aircraft has declared an in‑flight emergency; or\n (c) the aircraft has insufficient fuel to be diverted to another airport; or\n (d) there is an urgent need for the aircraft to land or take off:\n (i) to ensure the safety or security of the aircraft or a person; or\n (ii) to avoid damage to property.\n Police operations\n (5) The aircraft may take off from, or land at, Essendon Fields Airport despite section 6 or 8 if the aircraft is being used for an operation conducted by, or on behalf of, Victoria Police.\n\n#### 15 Dispensations relating to curfew periods in exceptional circumstances\n\n Scope\n (1) This section applies to an aircraft that has a maximum take‑off weight of less than 45,000 kilograms.\n Grant of dispensation\n (2) The aircraft may take off from, or land at, Essendon Fields Airport during a curfew period, despite a provision of this instrument, if:\n (a) a dispensation granted by the Secretary under subsection (3) authorises the take‑off or landing despite that provision; and\n (b) the take‑off or landing is in accordance with any conditions of the dispensation.\n (3) The Secretary may, on application by an operator of the aircraft, grant a dispensation authorising the aircraft to take off from Essendon Fields Airport despite section 8, or land at Essendon Fields Airport despite section 8 or 10, if the Secretary is satisfied:\n (a) that there are exceptional circumstances that justify permitting the take‑off or landing; and\n (b) in relation to a landing despite section 10—that when the aircraft took off, the operator of the aircraft reasonably believed that the aircraft would land before the start of the curfew period.\n (4) The Secretary may grant the dispensation subject to conditions.\n\n> Note: Example: A condition about when the take‑off or landing must occur.\n\n (5) If the dispensation authorises the aircraft to take off or land despite section 8, the dispensation must relate only to one take‑off or one landing of the aircraft (but not both).\n Record keeping\n (6) The application need not be in writing. However, as soon as practicable after the grant of the dispensation, the operator must give a written statement to the Secretary explaining the exceptional circumstances that gave rise to the application.\n (7) The dispensation need not be in writing. However, the Secretary must make and keep a record of the dispensation and the reasons for granting it.\n Offence\n (8) An operator of an aircraft commits an offence if:\n (a) the operator is subject to a requirement under subsection (6); and\n (b) the operator fails to comply with the requirement.\n\nPenalty: 10 penalty units.\n\n## Part 5—Giving information to the Secretary\n\n#### 16 Giving information to the Secretary\n\n (1) The Secretary may, by notice in writing, require an operator of an aircraft to give the Secretary, within 30 days after receiving the notice, information relevant to determining whether a provision of this instrument has been complied with.\n\n> Note: Example: Information about the noise level of an aircraft, or information relevant to determining whether a take‑off or landing of an aircraft was permitted under section 14 (aircraft involved in emergencies or police operations).\n\n (2) A notice under subsection (1) must state:\n (a) the information to be given; and\n (b) how the information is to be given; and\n (c) that the operator must comply with the notice within 30 days after receiving the notice.\n (3) The operator of an aircraft commits an offence if:\n (a) the operator is subject to a requirement under subsection (1); and\n (b) the operator fails to comply with the requirement.\n\nPenalty: 10 penalty units.\n\n## Part 6—Miscellaneous\n\n#### 17 Delegation\n\n (1) The Secretary may, in writing, delegate any of the Secretary’s powers or functions under this instrument (other than this power of delegation) to an APS employee in the Department who holds or performs the duties of:\n (a) an Executive Level 1 position; or\n (b) an equivalent or higher position.\n (2) Before delegating a power or function under subsection (1), the Secretary must have regard to:\n (a) if the power or function is to be delegated to an APS employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the APS employee to exercise the power or perform the function or duty; or\n (b) otherwise—whether the APS employee has appropriate qualifications or expertise to exercise the power or perform the function.\n (3) In doing anything under a delegation under this section, the delegate must comply with any directions of the Secretary.\n\n## Part 7—Transitional provisions\n\n#### 18 Saving of delegations\n\n A delegation to a person, under regulation 18 of the Air Navigation (Essendon Fields Airport) Regulations 2001 (the old law), that is:\n (a) of a power or function of the Secretary under the old law described in column 1 of an item in the following table; and\n (b) in force immediately before the commencement of this section;\n has effect on and after that commencement as if it were a delegation to that person, under section 17 of this instrument, of a power or function under this instrument described in column 2 of that item.\n\n```html\n

Saving of delegations

Item

Column 1

Description of delegated power or function under the old law

Column 2

Description of delegated power or function under this instrument

1

Power or function under regulation 15 relating to grant of a dispensation

Power or function under section 15 relating to grant of a dispensation

2

Power under regulation 16 to ask for information

Power under section 16 to require information to be given

\n```","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Taxi clearance received, or taxiing for take‑off started, before start of curfew period","content":"#### 11 Taxi clearance received, or taxiing for take‑off started, before start of curfew period\n\n An aircraft may take off from Essendon Fields Airport during a curfew period, despite section 8, if:\n (a) the aircraft received taxi clearance for the take‑off before the start of the curfew period; or\n (b) air traffic control (within the meaning of the Civil Aviation Safety Regulations 1998) is not available, and the aircraft began taxiing for take‑off before the start of the curfew period.\n\n> Note: The aircraft’s maximum take‑off weight must be less than 45,000 kilograms: see subsection 6(1). An operator of the aircraft must ensure a flight plan is submitted to Airservices Australia before the take‑off: see subsection 10(1).","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Propeller‑driven aircraft","content":"#### 12 Propeller‑driven aircraft\n\n A propeller‑driven aircraft may take off from, or land at, Essendon Fields Airport during a curfew period, despite section 8, if:\n (a) a noise certificate issued under section 8 of the Air Navigation (Aircraft Noise) Regulations 2018 is in force for the aircraft; and\n (b) for an aircraft that has a maximum take‑off weight of more than 8,168 kilograms—the noise levels of the aircraft do not exceed:\n (i) 90 EPNdB on take‑off; and\n (ii) 95 EPNdB on landing.\n\n> Note: The aircraft’s maximum take‑off weight must be less than 45,000 kilograms: see subsection 6(1). An operator of the aircraft must ensure a flight plan is submitted to Airservices Australia before the take‑off or landing: see subsection 10(1).","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Helicopters","content":"#### 13 Helicopters\n\n A helicopter may take off from, or land at, Essendon Fields Airport during a curfew period, despite section 8, if a noise certificate is in force for the helicopter.\n\n> Note: The helicopter’s maximum take‑off weight must be less than 45,000 kilograms: see subsection 6(1). An operator of the helicopter must ensure a flight plan is submitted to Airservices Australia before the take‑off or landing: see subsection 10(1).","sortOrder":15},{"sectionNumber":"Division 2","sectionType":"division","heading":"Emergencies, police operations and dispensations","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Air Navigation (Essendon Fields Airport) Regulations 2018.\n\n#### 3 Authority\n\n This instrument is made under the Air Navigation Act 1920.\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n (a) aircraft;\n (b) the Chicago Convention.\n In this instrument:\n\n> Act means the Air Navigation Act 1920.\n\n> alternate airport: see subsection 9(2).\n\n> Annex means volume 1 of Annex 16 to the Chicago Convention, being that Annex as amended and in force at the commencement of this instrument.\n\n> curfew period: see section 7.\n\n> engage in conduct means:\n\n (a) do an act; or\n (b) omit to perform an act.\n\n> involved in an emergency: see subsection 14(4).\n\n> land: an aircraft lands when it touches the ground.\n\n> maximum take‑off weight of an aircraft means the weight, or the highest of the weights, set out as a maximum take‑off weight for the aircraft in the aircraft’s certificate of airworthiness (within the meaning of the Civil Aviation Safety Regulations 1998) or flight manual.\n\n> noise certificate has the same meaning as in the Air Navigation (Aircraft Noise) Regulations 2018.\n\n> noise level of an aircraft, expressed as a figure of EPNdB, means the effective perceived noise in decibels certified in a noise certificate for the aircraft.\n\n> regular public transport operation means an operation of an aircraft:\n\n (a) for the purpose of transporting persons generally, or transporting cargo for persons generally; and\n (b) for hire or reward; and\n (c) in accordance with fixed schedules to and from fixed terminals over specific routes, with or without intermediate stopping places between terminals.\n\n> take off: an aircraft takes off when it leaves the ground.\n\n## Part 2—Restrictions applying at all times\n\n#### 6 Aircraft with maximum take‑off weight of 45,000 kg or more\n\n (1) An operator of an aircraft must not engage in conduct that results in an aircraft taking off from, or landing at, Essendon Fields Airport if the aircraft has a maximum take‑off weight of 45,000 kilograms or more.\n\nPenalty: 50 penalty units.\n\n (2) Subsection (1) does not apply if the aircraft has a maximum take‑off weight of no more than 50,000 kilograms and:\n (a) the take‑off or landing is permitted under section 14 (aircraft involved in emergencies or police operations); or\n (b) all of the following apply:\n (i) the aircraft complies with the maximum noise levels specified in Chapter 4 or 14 of the Annex that are applicable to the maximum take‑off weight of the aircraft (whether or not that Chapter is expressed to apply to the aircraft);\n (ii) the aircraft is permitted by its type certificate (within the meaning of the Civil Aviation Safety Regulations 1998) to have a passenger seating capacity of 19 seats or fewer (other than seats for crew);\n (iii) the aircraft is not being used in a regular public transport operation;\n (iv) the take‑off or landing does not occur during a curfew period;\n (v) for a landing—the minimum amount of reverse thrust necessary for a safe landing is used.\n\n> Note: A defendant bears an evidential burden in relation to a matter in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n## Part 3—Restrictions relating to curfew periods\n\n#### 7 Curfew period\n\n A curfew period starts at 11 pm on a day and ends at 6 am on the next day.\n\n> Note: In this instrument, references to time are references to legal time in Victoria: see section 37 of the Acts Interpretation Act 1901.\n\n#### 8 Prohibition on taking off or landing during curfew periods\n\n (1) An operator of an aircraft must not engage in conduct that results in an aircraft taking off from, or landing at, Essendon Fields Airport during a curfew period.\n\nPenalty: 50 penalty units.\n\n (2) Subsection (1) does not apply if the take‑off or landing is permitted under Part 4.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n#### 9 Prohibition on use of Essendon Fields Airport as alternate airport during curfew periods\n\n (1) An operator of an aircraft involved in a scheduled flight commits an offence of strict liability if:\n (a) the flight plan for the flight specifies Essendon Fields Airport as an alternate airport for the flight; and\n (b) the flight is scheduled to end during a curfew period.\n\nPenalty: 50 penalty units.\n\n (2) An alternate airport, for a flight, is an airport to which the flight may proceed when it becomes inadvisable to land at the airport of intended landing.\n\n#### 10 Failure to submit flight plan in relation to movements during curfew period\n\n (1) Before an aircraft does either of the following during a curfew period:\n (a) takes off from Essendon Fields Airport on a flight;\n (b) lands at Essendon Fields Airport at the end of a flight;\n the operator of the aircraft must ensure a flight plan for the flight is submitted to Airservices Australia.\n (2) An operator of an aircraft commits an offence if:\n (a) the operator is subject to a requirement under subsection (1); and\n (b) the operator engages in conduct; and\n (c) the conduct contravenes the requirement.\n\nPenalty: 50 penalty units.\n\n (3) Subsections (1) and (2) do not apply in relation to the landing of an aircraft at Essendon Fields Airport during a curfew period if the landing is permitted under subsection 14(2) (aircraft involved in an emergency) or section 15 (dispensations in exceptional circumstances).\n\n> Note 1: A defendant bears an evidential burden in relation to a matter in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n> Note 2: Before granting a dispensation authorising an aircraft to land despite this section, the Secretary must be satisfied that when the aircraft took off, the operator of the aircraft reasonably believed that the aircraft would land before the start of the curfew period: see paragraph 15(3)(b) of this instrument.\n\n## Part 4—Permitted aircraft movements\n\n### Division 1—Movements permitted during curfew periods\n\n#### 11 Taxi clearance received, or taxiing for take‑off started, before start of curfew period\n\n An aircraft may take off from Essendon Fields Airport during a curfew period, despite section 8, if:\n (a) the aircraft received taxi clearance for the take‑off before the start of the curfew period; or\n (b) air traffic control (within the meaning of the Civil Aviation Safety Regulations 1998) is not available, and the aircraft began taxiing for take‑off before the start of the curfew period.\n\n> Note: The aircraft’s maximum take‑off weight must be less than 45,000 kilograms: see subsection 6(1). An operator of the aircraft must ensure a flight plan is submitted to Airservices Australia before the take‑off: see subsection 10(1).\n\n#### 12 Propeller‑driven aircraft\n\n A propeller‑driven aircraft may take off from, or land at, Essendon Fields Airport during a curfew period, despite section 8, if:\n (a) a noise certificate issued under section 8 of the Air Navigation (Aircraft Noise) Regulations 2018 is in force for the aircraft; and\n (b) for an aircraft that has a maximum take‑off weight of more than 8,168 kilograms—the noise levels of the aircraft do not exceed:\n (i) 90 EPNdB on take‑off; and\n (ii) 95 EPNdB on landing.\n\n> Note: The aircraft’s maximum take‑off weight must be less than 45,000 kilograms: see subsection 6(1). An operator of the aircraft must ensure a flight plan is submitted to Airservices Australia before the take‑off or landing: see subsection 10(1).\n\n#### 13 Helicopters\n\n A helicopter may take off from, or land at, Essendon Fields Airport during a curfew period, despite section 8, if a noise certificate is in force for the helicopter.\n\n> Note: The helicopter’s maximum take‑off weight must be less than 45,000 kilograms: see subsection 6(1). An operator of the helicopter must ensure a flight plan is submitted to Airservices Australia before the take‑off or landing: see subsection 10(1).\n\n### Division 2—Emergencies, police operations and dispensations\n\n#### 14 Aircraft involved in emergencies or police operations\n\n Scope\n (1) This section applies to an aircraft that has a maximum take‑off weight of no more than 50,000 kilograms.\n Emergencies\n (2) If the aircraft is involved in an emergency, the aircraft may:\n (a) take off from Essendon Fields Airport despite section 6 or 8; or\n (b) land at Essendon Fields Airport despite section 6, 8 or 10.\n (3) The aircraft may take off from Essendon Fields Airport despite section 6 or 8 to resume a flight interrupted because the aircraft was involved in an emergency.\n (4) The aircraft is involved in an emergency if:\n (a) the aircraft is being used for or in connection with:\n (i) a search and rescue operation; or\n (ii) a medical emergency; or\n (iii) a natural disaster; or\n (iv) a mercy flight; or\n (v) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates; or\n (b) the pilot of the aircraft has declared an in‑flight emergency; or\n (c) the aircraft has insufficient fuel to be diverted to another airport; or\n (d) there is an urgent need for the aircraft to land or take off:\n (i) to ensure the safety or security of the aircraft or a person; or\n (ii) to avoid damage to property.\n Police operations\n (5) The aircraft may take off from, or land at, Essendon Fields Airport despite section 6 or 8 if the aircraft is being used for an operation conducted by, or on behalf of, Victoria Police.\n\n#### 15 Dispensations relating to curfew periods in exceptional circumstances\n\n Scope\n (1) This section applies to an aircraft that has a maximum take‑off weight of less than 45,000 kilograms.\n Grant of dispensation\n (2) The aircraft may take off from, or land at, Essendon Fields Airport during a curfew period, despite a provision of this instrument, if:\n (a) a dispensation granted by the Secretary under subsection (3) authorises the take‑off or landing despite that provision; and\n (b) the take‑off or landing is in accordance with any conditions of the dispensation.\n (3) The Secretary may, on application by an operator of the aircraft, grant a dispensation authorising the aircraft to take off from Essendon Fields Airport despite section 8, or land at Essendon Fields Airport despite section 8 or 10, if the Secretary is satisfied:\n (a) that there are exceptional circumstances that justify permitting the take‑off or landing; and\n (b) in relation to a landing despite section 10—that when the aircraft took off, the operator of the aircraft reasonably believed that the aircraft would land before the start of the curfew period.\n (4) The Secretary may grant the dispensation subject to conditions.\n\n> Note: Example: A condition about when the take‑off or landing must occur.\n\n (5) If the dispensation authorises the aircraft to take off or land despite section 8, the dispensation must relate only to one take‑off or one landing of the aircraft (but not both).\n Record keeping\n (6) The application need not be in writing. However, as soon as practicable after the grant of the dispensation, the operator must give a written statement to the Secretary explaining the exceptional circumstances that gave rise to the application.\n (7) The dispensation need not be in writing. However, the Secretary must make and keep a record of the dispensation and the reasons for granting it.\n Offence\n (8) An operator of an aircraft commits an offence if:\n (a) the operator is subject to a requirement under subsection (6); and\n (b) the operator fails to comply with the requirement.\n\nPenalty: 10 penalty units.\n\n## Part 5—Giving information to the Secretary\n\n#### 16 Giving information to the Secretary\n\n (1) The Secretary may, by notice in writing, require an operator of an aircraft to give the Secretary, within 30 days after receiving the notice, information relevant to determining whether a provision of this instrument has been complied with.\n\n> Note: Example: Information about the noise level of an aircraft, or information relevant to determining whether a take‑off or landing of an aircraft was permitted under section 14 (aircraft involved in emergencies or police operations).\n\n (2) A notice under subsection (1) must state:\n (a) the information to be given; and\n (b) how the information is to be given; and\n (c) that the operator must comply with the notice within 30 days after receiving the notice.\n (3) The operator of an aircraft commits an offence if:\n (a) the operator is subject to a requirement under subsection (1); and\n (b) the operator fails to comply with the requirement.\n\nPenalty: 10 penalty units.\n\n## Part 6—Miscellaneous\n\n#### 17 Delegation\n\n (1) The Secretary may, in writing, delegate any of the Secretary’s powers or functions under this instrument (other than this power of delegation) to an APS employee in the Department who holds or performs the duties of:\n (a) an Executive Level 1 position; or\n (b) an equivalent or higher position.\n (2) Before delegating a power or function under subsection (1), the Secretary must have regard to:\n (a) if the power or function is to be delegated to an APS employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the APS employee to exercise the power or perform the function or duty; or\n (b) otherwise—whether the APS employee has appropriate qualifications or expertise to exercise the power or perform the function.\n (3) In doing anything under a delegation under this section, the delegate must comply with any directions of the Secretary.\n\n## Part 7—Transitional provisions\n\n#### 18 Saving of delegations\n\n A delegation to a person, under regulation 18 of the Air Navigation (Essendon Fields Airport) Regulations 2001 (the old law), that is:\n (a) of a power or function of the Secretary under the old law described in column 1 of an item in the following table; and\n (b) in force immediately before the commencement of this section;\n has effect on and after that commencement as if it were a delegation to that person, under section 17 of this instrument, of a power or function under this instrument described in column 2 of that item.\n\n```html\n

Saving of delegations

Item

Column 1

Description of delegated power or function under the old law

Column 2

Description of delegated power or function under this instrument

1

Power or function under regulation 15 relating to grant of a dispensation

Power or function under section 15 relating to grant of a dispensation

2

Power under regulation 16 to ask for information

Power under section 16 to require information to be given

\n```","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Aircraft involved in emergencies or police operations","content":"#### 14 Aircraft involved in emergencies or police operations\n\n Scope\n (1) This section applies to an aircraft that has a maximum take‑off weight of no more than 50,000 kilograms.\n Emergencies\n (2) If the aircraft is involved in an emergency, the aircraft may:\n (a) take off from Essendon Fields Airport despite section 6 or 8; or\n (b) land at Essendon Fields Airport despite section 6, 8 or 10.\n (3) The aircraft may take off from Essendon Fields Airport despite section 6 or 8 to resume a flight interrupted because the aircraft was involved in an emergency.\n (4) The aircraft is involved in an emergency if:\n (a) the aircraft is being used for or in connection with:\n (i) a search and rescue operation; or\n (ii) a medical emergency; or\n (iii) a natural disaster; or\n (iv) a mercy flight; or\n (v) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates; or\n (b) the pilot of the aircraft has declared an in‑flight emergency; or\n (c) the aircraft has insufficient fuel to be diverted to another airport; or\n (d) there is an urgent need for the aircraft to land or take off:\n (i) to ensure the safety or security of the aircraft or a person; or\n (ii) to avoid damage to property.\n Police operations\n (5) The aircraft may take off from, or land at, Essendon Fields Airport despite section 6 or 8 if the aircraft is being used for an operation conducted by, or on behalf of, Victoria Police.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Dispensations relating to curfew periods in exceptional circumstances","content":"#### 15 Dispensations relating to curfew periods in exceptional circumstances\n\n Scope\n (1) This section applies to an aircraft that has a maximum take‑off weight of less than 45,000 kilograms.\n Grant of dispensation\n (2) The aircraft may take off from, or land at, Essendon Fields Airport during a curfew period, despite a provision of this instrument, if:\n (a) a dispensation granted by the Secretary under subsection (3) authorises the take‑off or landing despite that provision; and\n (b) the take‑off or landing is in accordance with any conditions of the dispensation.\n (3) The Secretary may, on application by an operator of the aircraft, grant a dispensation authorising the aircraft to take off from Essendon Fields Airport despite section 8, or land at Essendon Fields Airport despite section 8 or 10, if the Secretary is satisfied:\n (a) that there are exceptional circumstances that justify permitting the take‑off or landing; and\n (b) in relation to a landing despite section 10—that when the aircraft took off, the operator of the aircraft reasonably believed that the aircraft would land before the start of the curfew period.\n (4) The Secretary may grant the dispensation subject to conditions.\n\n> Note: Example: A condition about when the take‑off or landing must occur.\n\n (5) If the dispensation authorises the aircraft to take off or land despite section 8, the dispensation must relate only to one take‑off or one landing of the aircraft (but not both).\n Record keeping\n (6) The application need not be in writing. However, as soon as practicable after the grant of the dispensation, the operator must give a written statement to the Secretary explaining the exceptional circumstances that gave rise to the application.\n (7) The dispensation need not be in writing. However, the Secretary must make and keep a record of the dispensation and the reasons for granting it.\n Offence\n (8) An operator of an aircraft commits an offence if:\n (a) the operator is subject to a requirement under subsection (6); and\n (b) the operator fails to comply with the requirement.\n\nPenalty: 10 penalty units.","sortOrder":18},{"sectionNumber":"Part 5","sectionType":"part","heading":"Giving information to the Secretary","content":"## Part 5—Giving information to the Secretary","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Giving information to the Secretary","content":"#### 16 Giving information to the Secretary\n\n (1) The Secretary may, by notice in writing, require an operator of an aircraft to give the Secretary, within 30 days after receiving the notice, information relevant to determining whether a provision of this instrument has been complied with.\n\n> Note: Example: Information about the noise level of an aircraft, or information relevant to determining whether a take‑off or landing of an aircraft was permitted under section 14 (aircraft involved in emergencies or police operations).\n\n (2) A notice under subsection (1) must state:\n (a) the information to be given; and\n (b) how the information is to be given; and\n (c) that the operator must comply with the notice within 30 days after receiving the notice.\n (3) The operator of an aircraft commits an offence if:\n (a) the operator is subject to a requirement under subsection (1); and\n (b) the operator fails to comply with the requirement.\n\nPenalty: 10 penalty units.","sortOrder":20},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"## Part 6—Miscellaneous","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Delegation","content":"#### 17 Delegation\n\n (1) The Secretary may, in writing, delegate any of the Secretary’s powers or functions under this instrument (other than this power of delegation) to an APS employee in the Department who holds or performs the duties of:\n (a) an Executive Level 1 position; or\n (b) an equivalent or higher position.\n (2) Before delegating a power or function under subsection (1), the Secretary must have regard to:\n (a) if the power or function is to be delegated to an APS employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the APS employee to exercise the power or perform the function or duty; or\n (b) otherwise—whether the APS employee has appropriate qualifications or expertise to exercise the power or perform the function.\n (3) In doing anything under a delegation under this section, the delegate must comply with any directions of the Secretary.","sortOrder":22},{"sectionNumber":"Part 7","sectionType":"part","heading":"Transitional provisions","content":"## Part 7—Transitional provisions","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Saving of delegations","content":"#### 18 Saving of delegations\n\n A delegation to a person, under regulation 18 of the Air Navigation (Essendon Fields Airport) Regulations 2001 (the old law), that is:\n (a) of a power or function of the Secretary under the old law described in column 1 of an item in the following table; and\n (b) in force immediately before the commencement of this section;\n has effect on and after that commencement as if it were a delegation to that person, under section 17 of this instrument, of a power or function under this instrument described in column 2 of that item.\n\n```html\n

Saving of delegations

Item

Column 1

Description of delegated power or function under the old law

Column 2

Description of delegated power or function under this instrument

1

Power or function under regulation 15 relating to grant of a dispensation

Power or function under section 15 relating to grant of a dispensation

2

Power under regulation 16 to ask for information

Power under section 16 to require information to be given

\n```","sortOrder":24}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation maintains its original purpose of regulating aircraft movements at Essendon Fields Airport to manage noise impacts. The 2018 version appears to be a re-enactment of the 2001 regulations with updated references and minor procedural refinements (such as the addition of national emergency declarations), rather than an expansion of scope."},"complexity_factors":["Multiple overlapping weight thresholds (45,000 kg general ban vs 50,000 kg emergency/police limit vs 8,168 kg for noise calculations)","Nested exceptions: section 6(2) exceptions depend on Part 4 permissions, which themselves have conditions","Cross-references to external instruments including the Air Navigation Act 1920, Chicago Convention Annex 16, Civil Aviation Safety Regulations 1998, National Emergency Declaration Act 2020, and Air Navigation (Aircraft Noise) Regulations 2018","Evidential burden provisions requiring defendants to prove exceptions apply (Criminal Code s 13.3(3))","Strict liability offence in section 9 with no mental element required","Complex dispensation scheme in section 15 with oral/written hybrid application and approval processes","Transitional provision preserving delegations from repealed 2001 regulations via a mapping table"],"plain_english_summary":"This law restricts take-offs and landings at Essendon Fields to reduce noise for nearby residents: aircraft over 45,000 kg are generally banned (with a narrow, conditional exception up to 50,000 kg), and a curfew bars movements between 11pm and 6am. Limited exceptions cover emergencies, police, very quiet propeller/helicopter operations, pre-cleared departures, and special dispensations; curfew movements require flight plans to Airservices Australia. Breaches carry fines (up to ~A$11,000) and affect operators, pilots, airport management and local residents."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This 2018 instrument preserves the core regulatory scope of limiting night-time movements and heavier aircraft at Essendon Fields (curfew window, weight limit, noise-based exemptions, emergency and police exceptions). It formalises administrative mechanics (flight-plan requirement, dispensations, information notices, delegation and record-keeping) and updates cross-references to contemporary noise rules and international Annex material. Those are modernising and procedural changes rather than a substantive expansion of the instrument’s original purpose; the transitional provision (section 18) explicitly continues prior delegations, indicating continuity rather than major scope creep."},"complexity_factors":["Multiple cross-references to other instruments and laws: Air Navigation Act 1920, Civil Aviation Safety Regulations 1998, Air Navigation (Aircraft Noise) Regulations 2018, Annex 16 to the Chicago Convention, Criminal Code evidential-burden provision, Acts Interpretation Act 1901, National Emergency Declaration Act 2020","Several defined terms and external definitions (s5 plus Act definitions), including technical terms like maximum take-off weight, noise certificate and EPNdB","Nested exceptions and conditional logic (notably s6(2) contains a bundle of cumulative conditions; s15(3) requires satisfactions for dispensations)","Mixture of strict liability offences (s9), offences requiring intent/engagement in conduct (s6, s8, s10), and evidential burdens on defendants (notes to sections)","Administrative discretion with record-keeping and delegation rules (s15–17) that require procedural steps and potential internal directions","Penalty regime with multiple penalty levels and reporting obligations (50 and 10 penalty units across different provisions)","Repetition and duplicated text blocks in the published instrument increase read-through complexity though substantively the provisions are limited in number","Transitional provisions preserving previous delegations (s18) add historical cross-linking to the 2001 regulations"],"plain_english_summary":"**What this instrument does (mechanics)\n\n- Sets a night-time curfew for Essendon Fields Airport: no take-offs or landings between 11:00 pm and 6:00 am (section 7 and 8).\n- Prohibits operations by heavier aircraft: operators must not cause aircraft with a maximum take-off weight of 45,000 kg or more to land at or take off from Essendon Fields (section 6).\n- Provides limited exceptions to the weight and curfew bans for specified low-noise, small-capacity aircraft, helicopters, propeller aircraft that hold noise certificates, emergency and police flights, and some movements already in progress (sections 6, 11–14).\n- Requires operators to submit a flight plan to Airservices Australia before any movement during the curfew period (section 10).\n- Allows the Secretary to grant one-off dispensations in exceptional circumstances, subject to conditions and record-keeping (section 15).\n- Gives the Secretary power to require information from operators to check compliance, and to delegate certain functions to suitably senior APS employees (sections 16 and 17).\n- Preserves certain delegations made under the previous 2001 regulations so they continue under this instrument (section 18).\n\n**Who the rules apply to (actors and decision-makers)\n\n- Primary duty: aircraft operators — they are criminally responsible for causing prohibited take-offs or landings and for failing to comply with flight-plan and information requirements (sections 6, 8, 9, 10, 16).\n- Decision-maker with discretionary authority: the Secretary (the relevant Commonwealth departmental secretary) who can grant dispensations in exceptional cases and require information; the Secretary may delegate these powers to senior APS employees (sections 15–17).\n- Exceptions: Victoria Police use and aircraft engaged in defined emergencies are permitted to operate despite the bans (section 14).\n\n**Why it matters and what behaviour it changes\n\n- It limits night-time operations and heavier aircraft at Essendon Fields, so operators will generally avoid scheduling flights that start or end within the curfew window and will avoid using Essendon as a planned alternate if the flight ends during curfew (sections 7–10).\n- Operators of small or propeller-driven aircraft who want to operate during curfew must hold valid noise certificates and, for some types, meet numerical noise limits (sections 12–13 and cross-reference to the Air Navigation (Aircraft Noise) Regulations 2018).\n- Operators must file flight plans for any movement during curfew and be ready to produce information if the Secretary requests it; failure carries penalty units (sections 10, 16).\n- The Secretary’s dispensation power introduces an administrative route for one-off exceptions; operators who expect to rely on that route will incur application and post-event reporting obligations (section 15).\n\n**Penalty and evidential rules\n\n- Key offences carry penalties expressed in penalty units (commonly 50 penalty units for unlawful take-offs/landings and flight-plan failures, and 10 penalty units for failures to comply with dispensation reporting or information notices) (sections 6, 8, 9, 10, 15, 16).\n- There is a strict liability offence if a scheduled flight names Essendon as an alternate airport and the flight is scheduled to end during curfew (section 9).\n- The instrument notes that defendants bear an evidential burden in relation to some matters — referencing the Criminal Code evidential-burden provision (see notes to sections 6, 8, 10).\n\n**Stated purpose and how the instrument achieves it\n\n- The instrument operates mechanistically to limit noise and disturbance during night hours and to restrict larger aircraft operations at Essendon Fields by: imposing a curfew window (s7–8), banning heavy aircraft (s6), limiting alternate-airport use (s9), imposing flight-plan and noise-certificate requirements (s10, 12–13), and providing narrow administrative exceptions (s11, 14–15).\n\n**Costs, incentives and trade-offs (practical effects)\n\n- Who pays: aircraft operators bear the compliance costs — adjusting schedules, rerouting to other airports, obtaining and maintaining noise certificates, submitting flight plans, and responding to information notices (sections 10, 12, 16).\n- Who decides: the Secretary (and any delegate) controls individual dispensations and information requests, creating administrative discretion that operators must manage (sections 15–17).\n- Competitive effects: scheduled public transport operators are expressly constrained (definition of \"regular public transport operation\" and restrictions in s6(2)(b)(iii)), which may direct scheduled regional airline capacity away from Essendon and toward other airports.\n- Compliance burden and implementation risk: numerical noise limits, evidential burdens, and strict-liability provisions increase documentary and operational risk for operators. The Secretary’s discretion to grant one-off dispensations reduces predictability for commercial planning (sections 9, 12, 15).\n- Concentrated benefits vs diffuse costs: the instrument concentrates benefits (reduced night noise/disturbance for nearby residents) while costs (operational disruption, potential increased fuel/time for diversions) are dispersed across operators and passengers.\n- Possible substitution effects: operators unable to use Essendon during curfew or with heavier aircraft may shift flights to other airports or different times, affecting traffic patterns and commercial choices.\n\n**Implementation and oversight notes\n\n- The Secretary must keep a record of any dispensation and reasons; applicants must produce a written statement after using a dispensation (section 15(6)–(7)).\n- Delegation is allowed only to senior APS employees and delegates must follow any Secretary directions (section 17). These provisions create an administrative chain while preserving centralized accountability.\n\n(References in parentheses are to the numbered sections of the instrument cited above.)"}},"importantCases":[],"_links":{"self":"/api/acts/air-navigation-essendon-fields-airport-regulations-2018","history":"/api/acts/air-navigation-essendon-fields-airport-regulations-2018/history","analysis":"/api/acts/air-navigation-essendon-fields-airport-regulations-2018/analysis","conflicts":"/api/acts/air-navigation-essendon-fields-airport-regulations-2018/conflicts","importantCases":"/api/acts/air-navigation-essendon-fields-airport-regulations-2018/important-cases","documents":"/api/acts/air-navigation-essendon-fields-airport-regulations-2018/documents"}}