Document ID: chunk:federal_register_of_legislation:F2016L00450:body:0:p1
Version: federal_register_of_legislation:F2016L00450
Segment Type: other
Provision Reference: 
Character Range: 0–3019

Sydney Airport Curfew (Dispensation) Guideline 2016
Sydney Airport Curfew Act 1995

I, DARREN JEFFREY CHESTER, Minister for Infrastructure and Transport, make the following guideline under section 20(5) of the Sydney Airport Curfew Act 1995.

Dated 22 March 2016

Darren Chester
Minister for Infrastructure and Transport

Part 1 Preliminary

1
Citation
  This instrument may be cited as the Sydney Airport Curfew (Dispensation) Guideline 2016.
2 Commencement
  This instrument commences on the day after its registration on the Federal Register of Legislation.
3 Authority
  This instrument is made pursuant to section 20(5) of the Sydney Airport Curfew Act 1995.
4 Definitions
           Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) aircraft;
(b) curfew period;
(c) land;
(d) noise level;
(e) operator;
(f) Sydney Airport;
(g) take off.

  In this instrument:
  Act means the Sydney Airport Curfew Act 1995.
  main runway means the runway commonly designated as runway 16R and runway 34L, and marked 'A' in the diagram in subsection 4(1) of the Act.
  regular curfew traffic means take-offs and landings permitted on the main runway under Division 1 of Part 3 of the Act.
5 Repeal
  The Dispensation Guidelines made on 12 May 1996 (Instrument No. M35/96, F2005B01041) are repealed on the commencement of this instrument.

Part 2 Guidelines about the granting of dispensations

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