18Imposition of operating restrictions at airport

18 Imposition of operating restrictions at airport

(1) The Minister may, by written notice, restrict or prohibit the operation of large marginally compliant aircraft at an airport. (2) The Minister may issue a notice under subsection (1) for an airport only if satisfied that the operation of large marginally compliant aircraft at the airport is creating, or may create, excessive noise at the airport and in at least one community near the airport. (3) The Minister must consider the outcome of any consultation conducted by the Department with persons who may be affected by the issue of a notice, including persons living in communities near the airport, when deciding if he or she is satisfied of the matter mentioned in subsection (2).

Note: Example: Persons who may be affected by the issue of the notice include aircraft operators, airport operators, members of the public, local, state and federal government bodies and relevant industry bodies.

(4) A notice under subsection (1): (a) must include: (i) the restricted airport; and (ii) the restrictions or prohibitions that are to apply to the operation of large marginally compliant aircraft at the restricted airport; and (b) may include the kinds of large marginally compliant aircraft to which a restriction or prohibition applies.

Note: Example: Restrictions that may be imposed by a notice under subsection (1) include the following:

(a) limiting aircraft operations to stated runways or flight paths;
(b) restricting the hours of aircraft operations;
(c) ways in which aircraft operations are to be phased out;
(d) non‑addition rules, such as restricting operators from replacing a large marginally compliant aircraft operating at a restricted airport with another large marginally compliant aircraft, or from operating additional large marginally compliant aircraft at a restricted airport.

(5) A notice under subsection (1): (a) is a notifiable instrument; and (b) must be published by Airservices Australia in: (i) a Notice to Airmen; and (ii) the Aeronautical Information Publication.