What constitutes exceptional circumstancWhat constitutes exceptional circumstances

What constitutes exceptional circumstances

6 Exceptional circumstances – primary criteria for assessment

Subject to sections 7 and 8, circumstances will generally only be considered exceptional so as to justify a take-off or landing within the curfew period if:

(a) they originated during, or during preparation for, the take-off of a flight scheduled to fly directly to, or to depart from, Sydney Airport; and

(b) they involve a delay caused by:

(i) unforeseen mechanical failure of the aircraft in relation to which the dispensation has been requested; or

(ii) the offloading of baggage from the aircraft in relation to which the dispensation has been requested, which was required due to passengers failing to board; or

(iii) the re-screening (for aviation security purposes) of passengers and/or baggage of the aircraft in relation to which the dispensation has been requested;

or the circumstances are otherwise of such a character that they could not reasonably have been foreseen by the operator; and

(c) the operator has demonstrated to the satisfaction of the Minister that it has made every reasonable effort to avoid the need for a dispensation but was unable to make alternative arrangements to the take-off or landing.

7 Unavailability of main runway

An exceptional circumstance will exist in relation to regular curfew traffic where the main runway is not available because of maintenance or repairs of the runway, or other maintenance or repairs necessary for the safe operation of Sydney Airport.

8 Protracted industrial disputes

An exceptional circumstance may exist where a protracted industrial dispute causes long-term severe disruption to an operator’s aviation services and this in turn causes the delay or cancellation of flights.

9 Circumstances that are not generally exceptional

Exceptional circumstances will not generally exist on the basis that:

(a) one of the following has caused changes to scheduled flights:

(i) adverse weather conditions, where the operator of an aircraft scheduled to fly to Sydney Airport knew, or could reasonably have been expected to know, prior to take-off, that those conditions were likely to eventuate;

(ii) adverse weather conditions, where the operator of an aircraft scheduled to depart Sydney Airport knew, or could reasonably have been expected to know, within a reasonable period prior to take-off, that those conditions were likely to eventuate;

(iii) industrial disputes, other than those referred to in section 8;

(iv) disruptions to an operator’s network or schedules due to mechanical problems, other than a problem referred to in section 6(b)(i); or