Commonwealth legislation

Air Navigation (Essendon Fields Airport) Regulations 2018

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This instrument restricts aircraft operations at Essendon Fields Airport: it bars take‑offs and landings by aircraft of 45,000 kg or more, establishes an 11 pm–6 am curfew that prohibits movements except for specified exemptions, and requires flight plans to be filed with Airservices Australia for curfew movements. It affects aircraft operators (including propeller aircraft and helicopters subject to noise certificates), allocates penalties and Secretary discretion for dispensations, and operationalises noise and safety limits while creating compliance costs and administrative discretion.

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What it does

This instrument, the Air Navigation (Essendon Fields Airport) Regulations 2018, prescribes aircraft movement limits, curfew rules and related procedural obligations that apply at Essendon Fields Airport. It is made under the Air Navigation Act 1920 (see s 3). The Regulations do the following, in mechanical terms.

Establish a basic weight ban: operators must not cause an aircraft with a maximum take‑off weight (MTOW) of 45,000 kg or more to take off from or land at Essendon Fields Airport (s 6(1)). Contraventions attract an offence carrying a penalty of 50 penalty units (s 6(1)).
Create a curfew: a curfew period runs from 11 pm to 6 am the next day (s 7). During that period operators must not cause aircraft to take off or land at Essendon Fields Airport, subject to the express exceptions set out in Part 4 (s 8(1)-(2)). The primary curfew offence is punishable by 50 penalty units (s 8(1)).
Require flight plans for movements during curfew: before an aircraft takes off from Essendon Fields during a curfew period, or lands there at the end of a flight during a curfew period, the operator must ensure a flight plan is submitted to Airservices Australia (s 10(1)). Failure is an offence (s 10(2)), penalty 50 penalty units.
Specify permitted movements during curfew: limited categories of aircraft movements are permitted despite the curfew. These include take‑offs that had taxi clearance or had begun taxiing before curfew start (s 11), propeller‑driven aircraft that hold a relevant noise certificate and meet EPNdB thresholds where applicable (s 12), and helicopters with a noise certificate (s 13). All these permitted movements remain subject to other limits in the instrument, notably the MTOW limit in s 6(1) and the flight plan requirement in s 10(1).

Current sections

Direct links to the current provisions in Air Navigation (Essendon Fields Airport) Regulations 2018.

Part 1

Preliminary

Part 1—Preliminary

Name

1 Name

This instrument is the Air Navigation (Essendon Fields Airport) Regulations 2018.

Authority

3 Authority

This instrument is made under the Air Navigation Act 1920.

Definitions

5 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) aircraft;
(b) the Chicago Convention.

In this instrument:

Act means the Air Navigation Act 1920.

alternate airport: see subsection 9(2).

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.

curfew period: see section 7.

engage in conduct means:

(a) do an act; or
(b) omit to perform an act.

involved in an emergency: see subsection 14(4).

land: an aircraft lands when it touches the ground.

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.

noise certificate has the same meaning as in the Air Navigation (Aircraft Noise) Regulations 2018.

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.

regular public transport operation means an operation of an aircraft:

(a) for the purpose of transporting persons generally, or transporting cargo for persons generally; and
(b) for hire or reward; and
(c) in accordance with fixed schedules to and from fixed terminals over specific routes, with or without intermediate stopping places between terminals.

take off: an aircraft takes off when it leaves the ground.

Part 2

Restrictions applying at all times

Part 2—Restrictions applying at all times

Aircraft with maximum take‑off weight of 45,000 kg or more

6 Aircraft with maximum take‑off weight of 45,000 kg or more

(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.

Penalty: 50 penalty units.

(2) Subsection (1) does not apply if the aircraft has a maximum take‑off weight of no more than 50,000 kilograms and: (a) the take‑off or landing is permitted under section 14 (aircraft involved in emergencies or police operations); or (b) all of the following apply: (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); (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); (iii) the aircraft is not being used in a regular public transport operation; (iv) the take‑off or landing does not occur during a curfew period; (v) for a landing—the minimum amount of reverse thrust necessary for a safe landing is used.

Note: A defendant bears an evidential burden in relation to a matter in this subsection: see subsection 13.3(3) of the Criminal Code.

Part 3

Restrictions relating to curfew periods

Part 3—Restrictions relating to curfew periods

Curfew period

7 Curfew period

A curfew period starts at 11 pm on a day and ends at 6 am on the next day.

Note: In this instrument, references to time are references to legal time in Victoria: see section 37 of the Acts Interpretation Act 1901.

Prohibition on taking off or landing during curfew periods

8 Prohibition on taking off or landing during curfew periods

(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.

Penalty: 50 penalty units.

(2) Subsection (1) does not apply if the take‑off or landing is permitted under Part 4.

Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.

Prohibition on use of Essendon Fields Airport as alternate airport during curfew periods

9 Prohibition on use of Essendon Fields Airport as alternate airport during curfew periods

(1) An operator of an aircraft involved in a scheduled flight commits an offence of strict liability if: (a) the flight plan for the flight specifies Essendon Fields Airport as an alternate airport for the flight; and (b) the flight is scheduled to end during a curfew period.

Penalty: 50 penalty units.

(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.

Failure to submit flight plan in relation to movements during curfew period

10 Failure to submit flight plan in relation to movements during curfew period

(1) Before an aircraft does either of the following during a curfew period: (a) takes off from Essendon Fields Airport on a flight; (b) lands at Essendon Fields Airport at the end of a flight; the operator of the aircraft must ensure a flight plan for the flight is submitted to Airservices Australia. (2) An operator of an aircraft commits an offence if: (a) the operator is subject to a requirement under subsection (1); and (b) the operator engages in conduct; and (c) the conduct contravenes the requirement.

Penalty: 50 penalty units.

(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).

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.

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.

Part 4

Permitted aircraft movements

Part 1—Preliminary

1 Name

This instrument is the Air Navigation (Essendon Fields Airport) Regulations 2018.

3 Authority

This instrument is made under the Air Navigation Act 1920.

5 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) aircraft;
(b) the Chicago Convention.

In this instrument:

Act means the Air Navigation Act 1920.

alternate airport: see subsection 9(2).

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.

curfew period: see section 7.

engage in conduct means:

(a) do an act; or
(b) omit to perform an act.

involved in an emergency: see subsection 14(4).

land: an aircraft lands when it touches the ground.

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.

noise certificate has the same meaning as in the Air Navigation (Aircraft Noise) Regulations 2018.

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.

regular public transport operation means an operation of an aircraft:

(a) for the purpose of transporting persons generally, or transporting cargo for persons generally; and
(b) for hire or reward; and
(c) in accordance with fixed schedules to and from fixed terminals over specific routes, with or without intermediate stopping places between terminals.

take off: an aircraft takes off when it leaves the ground.

Part 2—Restrictions applying at all times

6 Aircraft with maximum take‑off weight of 45,000 kg or more

Penalty: 50 penalty units.

Note: A defendant bears an evidential burden in relation to a matter in this subsection: see subsection 13.3(3) of the Criminal Code.

Part 3—Restrictions relating to curfew periods

7 Curfew period

A curfew period starts at 11 pm on a day and ends at 6 am on the next day.

Note: In this instrument, references to time are references to legal time in Victoria: see section 37 of the Acts Interpretation Act 1901.

8 Prohibition on taking off or landing during curfew periods

(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.

Penalty: 50 penalty units.

(2) Subsection (1) does not apply if the take‑off or landing is permitted under Part 4.

Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.

9 Prohibition on use of Essendon Fields Airport as alternate airport during curfew periods

Penalty: 50 penalty units.

(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.

10 Failure to submit flight plan in relation to movements during curfew period

Penalty: 50 penalty units.

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.

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.

Part 4—Permitted aircraft movements

Division 1—Movements permitted during curfew periods

11 Taxi clearance received, or taxiing for take‑off started, before start of curfew period

An aircraft may take off from Essendon Fields Airport during a curfew period, despite section 8, if: (a) the aircraft received taxi clearance for the take‑off before the start of the curfew period; or (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.

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).

12 Propeller‑driven aircraft

A propeller‑driven aircraft may take off from, or land at, Essendon Fields Airport during a curfew period, despite section 8, if: (a) a noise certificate issued under section 8 of the Air Navigation (Aircraft Noise) Regulations 2018 is in force for the aircraft; and (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: (i) 90 EPNdB on take‑off; and (ii) 95 EPNdB on landing.

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).

13 Helicopters

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.

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).

Division 2—Emergencies, police operations and dispensations

14 Aircraft involved in emergencies or police operations

Scope (1) This section applies to an aircraft that has a maximum take‑off weight of no more than 50,000 kilograms. Emergencies (2) If the aircraft is involved in an emergency, the aircraft may: (a) take off from Essendon Fields Airport despite section 6 or 8; or (b) land at Essendon Fields Airport despite section 6, 8 or 10. (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. (4) The aircraft is involved in an emergency if: (a) the aircraft is being used for or in connection with: (i) a search and rescue operation; or (ii) a medical emergency; or (iii) a natural disaster; or (iv) a mercy flight; or (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 (b) the pilot of the aircraft has declared an in‑flight emergency; or (c) the aircraft has insufficient fuel to be diverted to another airport; or (d) there is an urgent need for the aircraft to land or take off: (i) to ensure the safety or security of the aircraft or a person; or (ii) to avoid damage to property. Police operations (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.

15 Dispensations relating to curfew periods in exceptional circumstances

Scope (1) This section applies to an aircraft that has a maximum take‑off weight of less than 45,000 kilograms. Grant of dispensation (2) The aircraft may take off from, or land at, Essendon Fields Airport during a curfew period, despite a provision of this instrument, if: (a) a dispensation granted by the Secretary under subsection (3) authorises the take‑off or landing despite that provision; and (b) the take‑off or landing is in accordance with any conditions of the dispensation. (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: (a) that there are exceptional circumstances that justify permitting the take‑off or landing; and (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. (4) The Secretary may grant the dispensation subject to conditions.

Note: Example: A condition about when the take‑off or landing must occur.

(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). Record keeping (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. (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. Offence (8) An operator of an aircraft commits an offence if: (a) the operator is subject to a requirement under subsection (6); and (b) the operator fails to comply with the requirement.

Penalty: 10 penalty units.

Part 5—Giving information to the Secretary

16 Giving information to the Secretary

(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.

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).

(2) A notice under subsection (1) must state: (a) the information to be given; and (b) how the information is to be given; and (c) that the operator must comply with the notice within 30 days after receiving the notice. (3) The operator of an aircraft commits an offence if: (a) the operator is subject to a requirement under subsection (1); and (b) the operator fails to comply with the requirement.

Penalty: 10 penalty units.

Part 6—Miscellaneous

17 Delegation

(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: (a) an Executive Level 1 position; or (b) an equivalent or higher position. (2) Before delegating a power or function under subsection (1), the Secretary must have regard to: (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 (b) otherwise—whether the APS employee has appropriate qualifications or expertise to exercise the power or perform the function. (3) In doing anything under a delegation under this section, the delegate must comply with any directions of the Secretary.

Part 7—Transitional provisions

18 Saving of delegations

A delegation to a person, under regulation 18 of the Air Navigation (Essendon Fields Airport) Regulations 2001 (the old law), that is: (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 (b) in force immediately before the commencement of this section; 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.

<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Saving of delegations</span></p></td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:45.7%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p><p class="TableHeading"><span>Description of delegated power or function under the old law</span></p></td><td style="width:45.72%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p><p class="TableHeading"><span>Description of delegated power or function under this instrument</span></p></td></tr></thead><tbody><tr><td style="width:8.58%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:45.7%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Power or function under regulation</span><span> </span><span>15 relating to grant of a dispensation</span></p></td><td style="width:45.72%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Power or function under section</span><span> </span><span>15 relating to grant of a dispensation</span></p></td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:45.7%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Power under regulation</span><span> </span><span>16 to ask for information</span></p></td><td style="width:45.72%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Power under section</span><span> </span><span>16 to require information to be given</span></p></td></tr></tbody></table>

Division 1

Movements permitted during curfew periods

Part 1—Preliminary

1 Name

This instrument is the Air Navigation (Essendon Fields Airport) Regulations 2018.

3 Authority

This instrument is made under the Air Navigation Act 1920.

5 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) aircraft;
(b) the Chicago Convention.

In this instrument:

Act means the Air Navigation Act 1920.

alternate airport: see subsection 9(2).

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.

curfew period: see section 7.

engage in conduct means:

(a) do an act; or
(b) omit to perform an act.

involved in an emergency: see subsection 14(4).

land: an aircraft lands when it touches the ground.

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.

noise certificate has the same meaning as in the Air Navigation (Aircraft Noise) Regulations 2018.

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.

regular public transport operation means an operation of an aircraft:

(a) for the purpose of transporting persons generally, or transporting cargo for persons generally; and
(b) for hire or reward; and
(c) in accordance with fixed schedules to and from fixed terminals over specific routes, with or without intermediate stopping places between terminals.

take off: an aircraft takes off when it leaves the ground.

Part 2—Restrictions applying at all times

6 Aircraft with maximum take‑off weight of 45,000 kg or more

Penalty: 50 penalty units.

Note: A defendant bears an evidential burden in relation to a matter in this subsection: see subsection 13.3(3) of the Criminal Code.

Part 3—Restrictions relating to curfew periods

7 Curfew period

A curfew period starts at 11 pm on a day and ends at 6 am on the next day.

Note: In this instrument, references to time are references to legal time in Victoria: see section 37 of the Acts Interpretation Act 1901.

8 Prohibition on taking off or landing during curfew periods

(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.

Penalty: 50 penalty units.

(2) Subsection (1) does not apply if the take‑off or landing is permitted under Part 4.

Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.

9 Prohibition on use of Essendon Fields Airport as alternate airport during curfew periods

Penalty: 50 penalty units.

(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.

10 Failure to submit flight plan in relation to movements during curfew period

Penalty: 50 penalty units.

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.

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.

Part 4—Permitted aircraft movements

Division 1—Movements permitted during curfew periods

11 Taxi clearance received, or taxiing for take‑off started, before start of curfew period

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).

12 Propeller‑driven aircraft

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).

13 Helicopters

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.

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).

Division 2—Emergencies, police operations and dispensations

14 Aircraft involved in emergencies or police operations

15 Dispensations relating to curfew periods in exceptional circumstances

Note: Example: A condition about when the take‑off or landing must occur.

Penalty: 10 penalty units.

Part 5—Giving information to the Secretary

16 Giving information to the Secretary

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).

Penalty: 10 penalty units.

Part 6—Miscellaneous

17 Delegation

Part 7—Transitional provisions

18 Saving of delegations

<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Saving of delegations</span></p></td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:45.7%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p><p class="TableHeading"><span>Description of delegated power or function under the old law</span></p></td><td style="width:45.72%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p><p class="TableHeading"><span>Description of delegated power or function under this instrument</span></p></td></tr></thead><tbody><tr><td style="width:8.58%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:45.7%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Power or function under regulation</span><span> </span><span>15 relating to grant of a dispensation</span></p></td><td style="width:45.72%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Power or function under section</span><span> </span><span>15 relating to grant of a dispensation</span></p></td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:45.7%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Power under regulation</span><span> </span><span>16 to ask for information</span></p></td><td style="width:45.72%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Power under section</span><span> </span><span>16 to require information to be given</span></p></td></tr></tbody></table>

Taxi clearance received, or taxiing for take‑off started, before start of curfew period

11 Taxi clearance received, or taxiing for take‑off started, before start of curfew period

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).

Propeller‑driven aircraft

12 Propeller‑driven aircraft

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).

Helicopters

13 Helicopters

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.

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).

Division 2

Emergencies, police operations and dispensations

Part 1—Preliminary

1 Name

This instrument is the Air Navigation (Essendon Fields Airport) Regulations 2018.

3 Authority

This instrument is made under the Air Navigation Act 1920.

5 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) aircraft;
(b) the Chicago Convention.

In this instrument:

Act means the Air Navigation Act 1920.

alternate airport: see subsection 9(2).

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.

curfew period: see section 7.

engage in conduct means:

(a) do an act; or
(b) omit to perform an act.

involved in an emergency: see subsection 14(4).

land: an aircraft lands when it touches the ground.

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.

noise certificate has the same meaning as in the Air Navigation (Aircraft Noise) Regulations 2018.

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.

regular public transport operation means an operation of an aircraft:

(a) for the purpose of transporting persons generally, or transporting cargo for persons generally; and
(b) for hire or reward; and
(c) in accordance with fixed schedules to and from fixed terminals over specific routes, with or without intermediate stopping places between terminals.

take off: an aircraft takes off when it leaves the ground.

Part 2—Restrictions applying at all times

6 Aircraft with maximum take‑off weight of 45,000 kg or more

Penalty: 50 penalty units.

Note: A defendant bears an evidential burden in relation to a matter in this subsection: see subsection 13.3(3) of the Criminal Code.

Part 3—Restrictions relating to curfew periods

7 Curfew period

A curfew period starts at 11 pm on a day and ends at 6 am on the next day.

Note: In this instrument, references to time are references to legal time in Victoria: see section 37 of the Acts Interpretation Act 1901.

8 Prohibition on taking off or landing during curfew periods

(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.

Penalty: 50 penalty units.

(2) Subsection (1) does not apply if the take‑off or landing is permitted under Part 4.

Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.

9 Prohibition on use of Essendon Fields Airport as alternate airport during curfew periods

Penalty: 50 penalty units.

(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.

10 Failure to submit flight plan in relation to movements during curfew period

Penalty: 50 penalty units.

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.

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.

Part 4—Permitted aircraft movements

Division 1—Movements permitted during curfew periods

11 Taxi clearance received, or taxiing for take‑off started, before start of curfew period

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).

12 Propeller‑driven aircraft

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).

13 Helicopters

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.

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).

Division 2—Emergencies, police operations and dispensations

14 Aircraft involved in emergencies or police operations

15 Dispensations relating to curfew periods in exceptional circumstances

Note: Example: A condition about when the take‑off or landing must occur.

Penalty: 10 penalty units.

Part 5—Giving information to the Secretary

16 Giving information to the Secretary

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).

Penalty: 10 penalty units.

Part 6—Miscellaneous

17 Delegation

Part 7—Transitional provisions

18 Saving of delegations

<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Saving of delegations</span></p></td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:45.7%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p><p class="TableHeading"><span>Description of delegated power or function under the old law</span></p></td><td style="width:45.72%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p><p class="TableHeading"><span>Description of delegated power or function under this instrument</span></p></td></tr></thead><tbody><tr><td style="width:8.58%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:45.7%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Power or function under regulation</span><span> </span><span>15 relating to grant of a dispensation</span></p></td><td style="width:45.72%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Power or function under section</span><span> </span><span>15 relating to grant of a dispensation</span></p></td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:45.7%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Power under regulation</span><span> </span><span>16 to ask for information</span></p></td><td style="width:45.72%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Power under section</span><span> </span><span>16 to require information to be given</span></p></td></tr></tbody></table>

Aircraft involved in emergencies or police operations

14 Aircraft involved in emergencies or police operations

Dispensations relating to curfew periods in exceptional circumstances

15 Dispensations relating to curfew periods in exceptional circumstances

Note: Example: A condition about when the take‑off or landing must occur.

Penalty: 10 penalty units.

Part 5

Giving information to the Secretary

Part 5—Giving information to the Secretary

Giving information to the Secretary

16 Giving information to the Secretary

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).

Penalty: 10 penalty units.

Part 6

Miscellaneous

Part 6—Miscellaneous

Delegation

17 Delegation

Part 7

Transitional provisions

Part 7—Transitional provisions

Saving of delegations

18 Saving of delegations

<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Saving of delegations</span></p></td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:45.7%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p><p class="TableHeading"><span>Description of delegated power or function under the old law</span></p></td><td style="width:45.72%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p><p class="TableHeading"><span>Description of delegated power or function under this instrument</span></p></td></tr></thead><tbody><tr><td style="width:8.58%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:45.7%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Power or function under regulation</span><span> </span><span>15 relating to grant of a dispensation</span></p></td><td style="width:45.72%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Power or function under section</span><span> </span><span>15 relating to grant of a dispensation</span></p></td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:45.7%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Power under regulation</span><span> </span><span>16 to ask for information</span></p></td><td style="width:45.72%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Power under section</span><span> </span><span>16 to require information to be given</span></p></td></tr></tbody></table>

Source text: opening excerpt

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

Part 1 Preliminary

Part 1—Preliminary

1 Name

This instrument is the Air Navigation (Essendon Fields Airport) Regulations 2018.

3 Authority

This instrument is made under the Air Navigation Act 1920.

5 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) aircraft;
(b) the Chicago Convention.

In this instrument:

Act means the Air Navigation Act 1920.

alternate airport: see subsection 9(2).

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.

curfew period: see section 7.

engage in conduct means:

(a) do an act; or
(b) omit to perform an act.

involved in an emergency: see subsection 14(4).

land: an aircraft lands when it touches the ground.

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.

noise certificate has the same meaning as in the Air Navigation (Aircraft Noise) Regulations 2018.

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.

regular public transport operation means an operation of an aircraft:

(a) for the purpose of transporting persons generally, or transporting cargo for persons generally; and
(b) for hire or reward; and
(c) in accordance with fixed schedules to and from fixed terminals over specific routes, with or without intermediate stopping places between terminals.

The Regulations set out a clear compliance pathway for operators and provide steps that will reduce enforcement risk. The following is a practical compliance checklist anchored to specific provisions of the instrument.

Establish whether the aircraft exceeds the MTOW threshold

Check the aircraft’s certificate of airworthiness or flight manual for the maximum take‑off weight definition used by the instrument (s 5). If MTOW is 45,000 kg or greater, do not take off from or land at Essendon Fields Airport except where the limited exceptions in s 6(2) or the emergency/police exceptions in s 14 apply.
If relying on the narrow MTOW exception up to 50,000 kg under s 6(2)(b), compile evidence demonstrating: compliance with the Annex noise levels applicable to the MTOW (s 6(2)(b)(i)); the aircraft type certificate permits seating capacity of 19 seats or fewer (s 6(2)(b)(ii)); the aircraft is not being used in a regular public transport operation (s 6(2)(b)(iii)); the movement does not occur during curfew (s 6(2)(b)(iv)); and for landings, that only the minimum reverse thrust necessary for a safe landing was used (s 6(2)(b)(v)). Maintain these records because the instrument references the Criminal Code evidential burden for such matters (note to s 6(2)).

Avoid curfew movements unless authorised

Program scheduling and dispatch systems to prevent take‑offs or landings at Essendon between 23:00 and 06:00 local time (s 7, s 8(1)). Where there is operational need, ensure the movement fits into one of the permitted classes in Part 4 (s 11-13), is covered by a dispensation granted under s 15, or qualifies under emergency/police exceptions in s 14.
Ensure Essendon is not listed as an alternate airport in flight plans for scheduled flights scheduled to end in curfew hours (s 9(1)), unless the operator accepts the strict liability exposure. Adjust routing and contingency planning to avoid automatic inclusion of Essendon in alternates.

Flight plans and Airservices Australia

For any permitted curfew movement, submit the flight plan to Airservices Australia as required before take‑off or before landing at the end of a flight that ends during curfew (s 10(1)). Confirm receipt where possible and keep evidence of submission. Note that s 10(3) excludes certain emergency landings and approved dispensations.

Noise certification and EPNdB compliance

For helicopters and propeller‑driven aircraft that may operate during curfew, ensure a noise certificate issued under the Air Navigation (Aircraft Noise) Regulations 2018 is in force for the specific aircraft (s 12(a), s 13). For propeller aircraft with MTOW over 8,168 kg, verify compliance with the EPNdB thresholds specified in s 12(b)(i)-(ii) and retain the certificate and measurement documentation. Confirm with the body issuing the noise certificate which Annex standards are applicable.

Use the dispensation procedure where exceptional circumstances exist

If the aircraft is less than 45,000 kg MTOW and exceptional circumstances justify a curfew movement, apply to the Secretary for a dispensation under s 15(3). The application need not be in writing, but after grant the operator must give a written statement as soon as practicable explaining the exceptional circumstances (s 15(6)). Keep the written statement and any supporting evidence.
Expect conditions to be attached to dispensations and note that a dispensation authorising a movement despite s 8 can only relate to one take‑off or one landing (s 15(5)). Ensure compliance with any dispensation conditions; failure to provide the required written statement is a 10 penalty unit offence (s 15(8)).

Emergency and police movements

If operating under emergency circumstances as defined in s 14(4), retain contemporaneous evidence: search and rescue tasking orders, medical documentation, pilot emergency declaration logs, fuel state records and any documentation showing inability to divert. Emergency landings and take‑offs are permitted despite s 6, s 8 and s 10 (s 14(2)-(3)).
For operations conducted by or on behalf of Victoria Police, ensure the operation is documented to show the aircraft was used for that policing activity (s 14(5)).

Respond to Secretary information notices and manage records

If the Secretary issues a written notice under s 16(1), supply the requested information within 30 days as stipulated (s 16(2)). Maintain a compliance file or central repository of noise certificates, flight plans, dispensation applications, pilot declarations and dispatch logs that can be produced within the 30 day timeframe. Note that failure to comply carries a 10 penalty unit sanction (s 16(3)).

Delegation and application routing

Be aware that the Secretary may delegate powers to APS employees at Executive Level 1 or higher (s 17(1)). When applying for dispensations or responding to information notices, confirm whether the decision‑maker is the Secretary or a delegate and where to file applications. Delegates must act subject to directions of the Secretary (s 17(3)), and historical delegations from the 2001 Regulations are preserved by s 18.

Operational training and SOP alignment

Update operations manuals, standard operating procedures and dispatch checklists to reflect the curfew, flight plan submission requirements, noise certificate checks, reverse thrust minimisation for the limited MTOW exception, dispensation procedures and emergency response practices. Train crew and operations staff on the evidential burden implications for exceptions where the instrument references the Criminal Code evidential burden.

Audit and insurance implications

Ensure internal audits verify that flight plans are submitted and retained, that noise certificates are valid and linked to the specific aircraft, and that dispensations and emergency events are documented. Discuss potential insurance implications with insurers where movements during curfew are required, given the criminal offence framework the instrument creates.

By following these steps and anchoring each to the relevant statutory provision, operators can reduce legal risk and operational interruption. The key compliance levers are accurate MTOW assessment, noise certification, disciplined flight planning and robust contemporaneous recordkeeping.