What it does
The Sydney Airport Curfew Act 1995 imposes a statutory curfew on aircraft movements at Sydney (Kingsford‑Smith) Airport. Section 6 defines a curfew period as starting at 11 pm on a day and ending at 6 am on the next day. Section 7(1) provides that an aircraft must not take off from, or land at, Sydney Airport during a curfew period unless the take‑off or landing is permitted under Part 3. The operator of an aircraft that contravenes this prohibition commits an offence carrying a penalty of 1,000 penalty units (s 7(2), (3) with strict liability applying to the conduct element). In addition to the core curfew, the Act imposes related restrictions on runway use in the shoulder periods immediately before the curfew and on weekend mornings and evenings. Section 10 requires that any take‑off between 10.45 pm and 11 pm must occur from runway 16L or runway 16R, unless the take‑off is permitted under Division 2 of Part 3 (emergencies or ministerial dispensation). Section 11 tightens runway usage for both take‑offs and landings on Saturdays and Sundays between 6 am and 7 am and between 10 pm and 11 pm: take‑offs must be from runway 16L or 16R and landings must be on runway 34L, again subject to emergency or dispensation exceptions and an air‑traffic‑controller nomination power. The Act also creates reporting obligations. If an aircraft lands during a curfew period using reverse thrust greater than idle reverse thrust, the operator must lodge a return within 7 days (s 8). Similarly, if an aircraft attempts a landing during a curfew period but misses the approach, the operator must lodge a return within 7 days (s 9). Both obligations carry penalties of 50 penalty units. Part 3 provides a range of permitted movements. These include international passenger aircraft taking off or landing during the shoulder periods of 11 pm-midnight and 5 am-6 am, subject to prescribed timetables, prior approval by the Secretary of the Department, strict runway designations, noise‑level compliance, and weekly and daily quotas (s 12). Freight‑carrying BAe 146 and DC9 aircraft are permitted during curfew periods subject to similar conditions and quotas (s 13). Propeller‑driven aircraft with a maximum take‑off weight of 34,000 kg or less that comply with specified noise standards in Annex 16 to the Chicago Convention may take off from runway 16R and land on runway 34L during curfew periods (s 14). The Minister may also, by legislative instrument, specify jet aircraft types under 34,000 kg that meet a 90‑95 EPNdB noise rule, allowing them to operate during curfew (s 15). Section 16 saves a take‑off from runway 16R if the aircraft received taxi clearance before the curfew started. Division 2 of Part 3 covers emergencies (search and rescue, medical emergencies, natural disasters, declared in‑flight emergencies, fuel insufficiency, and urgent safety needs - s 19) and ministerial dispensations in exceptional circumstances (s 20). A national emergency declaration under the National Emergency Declaration Act 2020 can also override the curfew (s 18(c)). Part 4 gives authorised persons power to require information about aircraft noise or whether a movement was covered by an emergency exemption, with a 30‑day response period (s 21) and an offence for providing false or misleading information (s 22). Part 5 requires the Minister to follow consultation procedures set out in the Schedule before introducing a Bill to amend the Act, and to table a consultation report (s 23). Part 6 deals with delegation, corporate and individual criminal responsibility for conduct of employees and agents (s 25), and regulation‑making power (s 26). The Schedule mandates preparation of a written proposal, public notice in a Sydney newspaper, invitation for submissions over at least 21 days, and consideration of submissions, but failure to comply does not invalidate the amendment or instrument (Schedule clause 7).