11Applications to operate low noise heavy freight aircraft during curfew periods

11 Applications to operate low noise heavy freight aircraft during curfew periods

(1) The operator of a low noise heavy freight aircraft of a type specified in the regulations may apply to the Minister for permission to take off from, or land at, Adelaide Airport during a curfew period. (2) An application: (a) must be in writing; and (b) must: (i) specify the day and time of the proposed take‑off or landing; or (ii) if the applicant does not know the day and time of the proposed take‑off or landing—specify the maximum number of take‑offs and landings for which the applicant seeks permission during the curfew periods in a week; and (c) must set out the reasons why the applicant thinks the permission should be granted. (3) The Minister may request further information from the applicant that is, in the Minister’s opinion, relevant to making a decision whether or not to grant a permission. (4) The Minister may, in writing, grant or refuse to grant permission. However, the Minister must not grant permission where to do so would result in more take‑offs or landings occurring during the curfew periods in a week than is permitted by regulations made for the purposes of section 10. (5) The Minister may impose conditions on a permission. (6) Without limiting subsection (5), a permission is subject to the following conditions: (a) if the permission relates to a take‑off—the take‑off is from runway 23; and (b) if the permission relates to a landing: (i) the landing is on runway 05, unless meteorological conditions require the aircraft to land on another runway; and (ii) the aircraft does not use reverse thrust greater than idle reverse thrust. (7) Application may be made to the Administrative Review Tribunal for review of a decision: (a) to refuse to grant a permission; or (b) to grant a permission subject to conditions.

Note: Under section 266 of the Administrative Review Tribunal Act 2024, the decision‑maker must notify persons whose interests are affected by the making of the decision of their right to have the decision reviewed. In notifying such persons, the decision‑maker must have regard to the matters (if any) prescribed by the rules made under that Act.

(8) Aircraft taking off or landing as permitted by section 14 or 16 are not to be counted towards the maximum number of take‑offs and landings under regulations made for the purposes of section 10.