Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears, the following terms have the meanings set out below:
"90-95 noise level rule" has the meaning given by subsection (3).
"aircraft" means any machine or craft that can derive support in the atmosphere from the reactions of the air.
"Airservices Australia" means the body called Airservices Australia that is established by the Air Services Act 1995 .
"Australia" includes all the external Territories.
"authorised person" means:
(a) the Secretary of the Department; or
(b) a person appointed under subsection 22(1); or
(c) a person included in a class of persons appointed under subsection 22(2).
"curfew period" means a period that starts at 11 pm on a day and ends at 6 am on the next day.
"curfew shoulder period" means:
(a) a period of one hour starting at 11 pm on a day; or
(b) a period of one hour starting at 5 am on a day.
"international aircraft" has the meaning given by subsection (2).
"land" --an aircraft lands when it touches the ground.
"low noise heavy freight aircraft" means a jet aircraft that:
(a) has a maximum take - off weight that is 34,000 kilograms or more; and
(b) is being used solely for the purpose of carrying freight; and
(c) 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); and
(d) complies with the 90 - 95 noise level rule.
"maximum take-off weight" of an aircraft means the weight set out in the aircraft's flight manual as the aircraft's maximum take - off weight.
"noise level" , expressed as a figure of EPNdB, means the effective perceived noise in decibels:
(a) measured by reference to the test procedures specified in Chapter 3 of the Annex; and
(b) certified in a noise certificate within the meaning of the Air Navigation (Aircraft Noise) Regulations.
"operator" of an aircraft means a person who conducts an aircraft operation using the aircraft.
"take off" --an aircraft takes off when it leaves the ground.
"the Annex" means Volume 1 of Annex 16 to the Convention on International Civil Aviation concluded at Chicago on 7 December 1944, as amended and in force from time to time.
"week" means a period of 7 days starting at 11 pm on a Sunday.
(2) For the purposes of this Act, an aircraft is an international aircraft on take - off from, or landing at, Adelaide Airport if:
(a) the aircraft is being used for an international air service to carry passengers or freight (or both) for hire or reward, to or from the airport; and
(b) one of the following applies:
(i) the operator of the aircraft has an international airline licence granted under regulations made under the Air Navigation Act 1920 ;
(ii) the operator of the aircraft has a permission granted under section 15D of that Act;
(iii) the flight in question is covered by a permission under section 17 of that Act;
(iv) the flight in question is covered by a determination under subsection 17(1B) of that Act; and
(c) 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); and
(d) if the aircraft is being used solely for the purpose of carrying freight--the aircraft is not a low noise heavy freight aircraft; and
(e) for a take - off from Adelaide Airport--the first or second port of call of the aircraft after taking off from Adelaide Airport is outside Australia; and
(f) for a landing at Adelaide Airport--the last or second last port of call of the aircraft before landing at Adelaide Airport was outside Australia.
(3) For the purposes of this Act, a type of aircraft complies with the 90 - 95 noise level rule if aircraft of that type have a noise level that:
(a) on take - off:
(i) does not exceed 90 EPNdB; or
(ii) if the amount in excess of 90 EPNdB is offset by a maximum noise level on landing that is correspondingly lower than the amount specified in subparagraph (b)(i) for landing noise--does not exceed 92 EPNdB; and
(b) on landing:
(i) does not exceed 95 EPNdB; or
(ii) if the amount in excess of 95 EPNdB is offset by a maximum noise level on take - off that is correspondingly lower than the amount specified in subparagraph (a)(i)--does not exceed 97 EPNdB.