{"id":"F2023L00619","name":"Sydney Airport Curfew Regulations 2023","slug":"sydney-airport-curfew-regulations-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441868,"registerId":"F2023L00619-fast-fetch-1775957042424","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Sydney Airport Curfew Regulations 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nSydney Airport Curfew Regulations 2023\n\nI, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated 25 May 2023\n\nDavid Hurley\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nCatherine King\n\nMinister for Infrastructure, Transport, Regional Development and Local Government\n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\n6 Meaning of air traffic controller\n\nPart 2—The curfew\n\n7 Address for lodgement of return\n\nPart 3—Quota requirements\n\n8 Quota requirements that apply to take‑offs and landings between 11 pm and midnight\n\n9 Quota requirements that apply to landings between 5 am and 6 am\n\n10 Specified persons—aircraft of the type known as BAe‑146\n\n11 Quota requirements that apply to take‑offs and landings of aircraft of the type known as BAe‑146\n\nPart 4—Application and savings provisions\n\n12 Application of sections 10 and 11\n\nSchedule 1—Repeals\n\nSydney Airport Curfew Regulations 1995\n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Sydney Airport Curfew Regulations 2023.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 27 May 2023\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Sydney Airport Curfew Act 1995.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definitions\n\n  In this instrument:\n\nAct means the Sydney Airport Curfew Act 1995.\n\n6  Meaning of air traffic controller\n\n  For the purposes of the definition of air traffic controller in section 3 of the Act, air traffic controller means a person who is authorised under Subpart 65.B of the Civil Aviation Safety Regulations 1998 to carry out an air traffic control function in Australian territory.\n\nPart 2—The curfew\n\n \n\n7  Address for lodgement of return\n\n  For the purposes of paragraphs 8(3)(d) and 9(3)(e) of the Act, the prescribed address for lodgement of a return by post is:\n\n  Department of Infrastructure, Transport, Regional Development, Communications and the Arts\n\n  GPO Box 594\n\n  CANBERRA ACT 2601.\n\nNote: Under subsections 8(3) and 9(3) of the Act, the return must be given to an authorised person. For the definition of authorised person, see section 3 of the Act.\n\nPart 3—Quota requirements\n\n \n\n8  Quota requirements that apply to take‑offs and landings between 11 pm and midnight\n\n (1) For the purposes of paragraph 12(8)(a) of the Act, the prescribed number of take‑offs and landings is 0.\n\n (2) For the purposes of paragraph 12(8)(b) of the Act, the prescribed number of take‑offs and landings is 0.\n\n9  Quota requirements that apply to landings between 5 am and 6 am\n\n (1) For the purposes of paragraph 12(9)(a) of the Act, the prescribed number of landings is 24.\n\n (2) For the purposes of paragraph 12(9)(b) of the Act, the prescribed number of landings is 5.\n\n10  Specified persons—aircraft of the type known as BAe‑146\n\n  For the purposes of subsection 13(1) of the Act, each of the following persons is specified:\n\n (a) National Jet Express Pty Ltd;\n\n (b) Pionair Australia Pty Ltd;\n\n (c) Qantas Airways Ltd;\n\n (d) IPEC Pty Ltd;\n\n (e) Virgin Australia Airlines Pty Ltd.\n\n11  Quota requirements that apply to take‑offs and landings of aircraft of the type known as BAe‑146\n\n  For the purposes of paragraph 13(3)(b) of the Act, the upper limit applicable under subparagraph 13(3)(a)(ii) of the Act for take‑offs and landings of aircraft of the type known as BAe‑146 is divided to impose separate limits as follows:\n\n (a) for aircraft registered in the name of, or operated by or on behalf of, National Jet Express Pty Ltd—28;\n\n (b) for aircraft registered in the name of, or operated by or on behalf of, Pionair Australia Pty Ltd—10;\n\n (c) for aircraft registered in the name of, or operated by or on behalf of, Qantas Airways Ltd—27;\n\n (d) for aircraft registered in the name of, or operated by or on behalf of, IPEC Pty Ltd—9;\n\n (e) for aircraft registered in the name of, or operated by or on behalf of, Virgin Australia Airlines Pty Ltd—0.\n\nPart 4—Application and savings provisions\n\n \n\n12  Application of sections 10 and 11\n\n (1) Sections 10 and 11, as in force on the commencement of this instrument, apply in relation to take‑offs and landings of aircraft on and after 2 July 2023.\n\n (2) Despite the repeal of the Sydney Airport Curfew Regulations 1995 by this instrument, regulations 8 and 9 of the Sydney Airport Curfew Regulations 1995 continue to apply, as if the repeal had not happened, in relation to take‑offs and landings during the period:\n\n (a) starting at the start of the day this instrument commences; and\n\n (b) ending at the end of 1 July 2023.\n\nSchedule 1—Repeals\n\n \n\nSydney Airport Curfew Regulations 1995\n\n \n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations maintain the same scope as the original 1995 regulations they replace. They continue to perform the same function: setting operational details for the Sydney Airport curfew regime established by the parent Act. The 2023 version updates specific quota numbers (particularly for BAe-146 aircraft operators) and modernises administrative details, but does not expand beyond the original purpose of implementing the statutory curfew framework."},"complexity_factors":["Short instrument: only 12 substantive sections plus a repeal schedule","Minimal defined terms: only 1 definition ('Act') plus 1 interpretive provision for 'air traffic controller'","Simple structure: 4 Parts with clear subject matter divisions","Straightforward conditional logic: basic quota allocations and date-based application provisions","Limited cross-referencing: references are primarily to the parent Act (Sydney Airport Curfew Act 1995) rather than complex webs of other legislation","No nested exceptions or elaborate savings provisions beyond standard transitional arrangements"],"plain_english_summary":"These regulations set the Sydney Airport overnight curfew framework (11pm–6am), banning scheduled movements late at night, allowing up to 24 landings 5–6am with a 5-aircraft noisy-aircraft cap, and assigning limited BAe‑146 take‑off/landing quotas to five named operators. Airlines must file curfew reports and air traffic controllers are defined under existing licensing rules.\n\nThis affects airlines (especially freight/early services), nearby residents and the Department of Infrastructure by balancing operational needs with community noise protection."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Replaces the 1995 Regulations and updates scope by prescribing new numeric quotas for curfew periods and allocating specific BAe‑146 entitlements to named operators, while preserving limited 1995 provisions for a transitional period."},"complexity_factors":["Numeric quota settings for specific curfew windows (straightforward but operationally binding)","Operator-specific allocations for BAe-146 aircraft that reallocate entitlements among named carriers","Cross-references to the Sydney Airport Curfew Act 1995 and Civil Aviation Safety Regulations 1998 for legal definitions and authority","Transitional/savings provision preserving portions of the 1995 Regulations for a limited period","Administrative compliance (prescribed postal address for returns and requirement to give returns to authorised persons)","Clear commencement timing with one provision (BAe‑146 allocations) deferred to a later date"],"plain_english_summary":"These regulations replace earlier curfew rules for Sydney Airport by setting numeric quotas for flights during curfew hours, specifying a postal address for mandatory returns, defining \"air traffic controller\", and allocating per-operator entitlements for BAe‑146 aircraft. They commence 27 May 2023, with BAe‑146 allocations effective 2 July 2023.\n\nWho decides and pays: the instrument is made under the Sydney Airport Curfew Act; airlines bear operational and scheduling costs, must comply with quota limits, and designated carriers receive carved‑out shares; compliance requires lodging returns to the Department."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/sydney-airport-curfew-regulations-2023","history":"/api/acts/sydney-airport-curfew-regulations-2023/history","analysis":"/api/acts/sydney-airport-curfew-regulations-2023/analysis","conflicts":"/api/acts/sydney-airport-curfew-regulations-2023/conflicts","importantCases":"/api/acts/sydney-airport-curfew-regulations-2023/important-cases","documents":"/api/acts/sydney-airport-curfew-regulations-2023/documents"}}