12International passenger aircraft movements during curfew shoulder periods

#### 12 International passenger aircraft movements during curfew shoulder periods (1) For the purposes of this section, an aircraft is an international passenger aircraft on take‑off from, or landing at, Sydney Airport if: (a) the aircraft is being used to carry passengers for hire or reward in an air service that is covered by an international airline licence; and (b) for a take‑off from Sydney Airport—the first port of call of the aircraft after taking off from Sydney Airport is outside Australia; and (c) for a landing at Sydney Airport—the last port of call of the aircraft before landing at Sydney Airport was outside Australia. (2) An international passenger aircraft may take off from, or land at, Sydney Airport between 11 pm and midnight, or may land at Sydney Airport between 5 am and 6 am, if: (a) the take‑off or landing is covered by a timetable prescribed by the regulations; and (b) the take‑off or landing has been approved under subsection (4); and (d) for a take‑off—the take‑off is from runway 16R and the start of roll is from south of the intersection of that runway and taxiway G; and (e) for a landing—the landing is on runway 34L; and (f) the aircraft complies with the maximum noise levels specified in Chapter 3 of the Annex that are applicable to the maximum take‑off weight of the aircraft (whether or not the Chapter is expressed to apply to the aircraft). (4) On written application by the holder of an international airline licence, the Secretary of the Department may, in writing, approve a take‑off from, or landing at, Sydney Airport between 11 pm and midnight on a specified day, or a landing at Sydney Airport between 5 am and 6 am on a specified day, if: (a) granting the approval is consistent with the quota requirements in whichever of subsections (8) and (9) applies; and (b) the Secretary is satisfied that approving the take‑off or landing during that period on that day is justified because: (i) there are curfew constraints at overseas airports or there is a lack of capacity at Sydney Airport outside curfew periods; and (ii) there is no alternative airport in the Sydney area with capacity to accommodate the take‑off or landing. (5) An application for approval under subsection (4) must set out the reasons why the applicant thinks the approval should be granted, having regard in particular to paragraph (4)(b). (6) The Secretary may defer making the decision on an application for approval until the applicant has provided such further information relevant to making the decision as the Secretary requires. (7) Application may be made to the Administrative Review Tribunal for review of a decision to refuse to grant an approval. (8) These are the quota requirements that apply to take‑offs and landings between 11 pm and midnight: (a) during a week, the total number of take‑offs and landings (treated jointly) of international passenger aircraft at Sydney Airport that occur between 11 pm and midnight must not exceed 14, or such lower number as is prescribed; and (b) the total number of take‑offs and landings (treated jointly) of international passenger aircraft at Sydney Airport that occur between 11 pm and midnight on a day must not exceed 4, or such lower number as is prescribed. (9) These are the quota requirements that apply to landings between 5 am and 6 am: (a) during a week, the total number of landings of international passenger aircraft at Sydney Airport that occur between 5 am and 6 am must not exceed 35, or such lower number as is prescribed; and (b) the total number of landings of international passenger aircraft at Sydney Airport that occur between 5 am and 6 am on a day must not exceed 7, or such lower number as is prescribed. (10) In applying the quota requirements, aircraft taking off or landing as permitted by section 16 or 18 are not to be counted.