Air Navigation (Aircraft Noise) Regulations 1984

Air Navigation (Aircraft Noise)
Regulations 1984
Statutory Rules 1984 No. 188 as amended
made under the
Air Navigation Act 1920
This compilation was prepared on 22 February 2002

taking into account amendments up to SR 2002 No. 13
Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra
Contents
Contents
Page
1 Name of Regulations [see Note 1] 4
2 Interpretation 4
3 Application 6
4 Delegation 6
5 Applications by owner or operator of an aircraft 6
6 Issue of noise certificate for aircraft to which the
Annex applies 7
6A Issue of noise certificate for aircraft described in the
Schedule 7
7 Contents of noise certificate 8
8 Noise certificate deemed to be issued in certain
circumstances 9
9 Circumstances in which an aircraft may engage in air
navigation in Australia 9
9A Permission for a subsonic aircraft to which standards
apply to engage in air navigation 12
9AA Permission for a supersonic aircraft to engage in air
navigation 13
9AB Permission for other aircraft to engage in air
navigation 14
10 Revocation of noise certificate 15
10A Permission to engage in air navigation for a subsonic
jet aircraft that does not comply with the Chapter 3
standards 17
10B Termination of permission for a subsonic jet aircraft
that does not comply with the Chapter 3 standards
to engage in air navigation 18
10BA Permission to engage in air navigation for the
purpose of maintenance 19
10C Extension of permission to engage in air navigation
because of financial hardship 20
10D Provision of information 21
11 Inspectors 21
13 Review of decisions 23
2 Air Navigation (Aircraft Noise) Regulations 1984

Contents
Page
Schedule Noise levels and testing procedures for certain

aircraft 24
Notes 30
Air Navigation (Aircraft Noise) Regulations 1984 3

Regulation 1
1 Name of Regulations [see Note 1]

These Regulations are the Air Navigation (Aircraft Noise)
Regulations 1984.
2 Interpretation
In these Regulations, unless the contrary intention appears:
aircraft does not include:
(a) a state aircraft; or
(b) a hot air balloon; or
(c) a propeller-driven aircraft that is specifically designed, and
used exclusively, for:
(i) aerobatic purposes; or
(ii) fire fighting purposes; or
(iii) agricultural purposes.
certificate of airworthiness means:
(a) a certificate of airworthiness issued under regulation 24 of
the Civil Aviation Regulations 1988; or
(b) a certificate of the airworthiness of an aircraft issued by, or
on behalf of, a Contracting State.
Chapter 2 standards, in relation to an aircraft, means the
standards in respect of aircraft noise set out in paragraphs 2.2,
2.4 and 2.5 of Chapter 2 of the Annex when the level of noise
emitted by the aircraft is determined by reference to the test
procedures set out in paragraphs 2.2, 2.3 and 2.6 of Chapter 2
of the Annex and Appendix 1 to the Annex.
Chapter 3 standards, in relation to an aircraft, means the
standards in respect of aircraft noise set out in paragraphs 3.2,
3.4 and 3.5 of Chapter 3 of the Annex when the level of noise
emitted by the aircraft is determined by reference to the test
procedures set out in paragraphs 3.2, 3.3, 3.6 and 3.7 of
Chapter 3 of the Annex and Appendix 2 to the Annex.
Commonwealth aircraft has the same meaning as in the Air
Navigation Regulations.

Regulation 2
derived version, in relation to an aircraft, has the same meaning

as in Volume I of the Annex.
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
foreign aircraft has the same meaning as in the Air Navigation
Regulations.
inspector means an inspector appointed under regulation 11.
maintenance means work that is necessary to ensure the
continuing airworthiness of an aircraft at the standard required
by the country on whose register of aircraft the aircraft is
entered.
noise certificate means a certificate, whether or not consisting
of a separate document, issued, or deemed to have been issued,
under regulation 6, or issued under regulation 6A.
operator means a person, organization, or enterprise engaged
in, or offering to engage in, an aircraft operation.
registered means registered in the register of Australian aircraft
kept under regulation 8 of the Civil Aviation Regulations 1988.
relevant law means a law of a contracting State relating to the
control of aircraft noise, being a law:
(a) the requirements of which are incapable of being complied
with by an aircraft that does not satisfy the requirements of
the Annex with respect to noise certification; or
(b) compliance with the requirements of which has been
determined by the Secretary or an authorised officer, by
notice published in the Gazette, to be sufficient
compliance with the requirements of the Annex with
respect to noise certification.
subsonic jet aircraft means an aircraft that:
(a) is propelled by one or more engines of the following
kinds:
(i) turbofan engines;
(ii) turbojet engines;
(iii) unducted fan engines;
(iv) rocket engines; and

Regulation 3
(b) is not capable of sustained level flight at a speed equal to

or greater than the speed of sound.
supersonic aircraft means an aircraft that is capable of
sustained level flight at a speed equal to, or greater than, the
speed of sound.
the Annex means Volume I of Annex 16 to the Chicago
Convention, being that Annex as amended and in force on 11
November 1993.
3 Application
(1) These Regulations apply to and in relation to:
(a) international air navigation;
(b) air navigation in relation to trade and commerce with other
countries and among the States;
(ba) air navigation conducted by a foreign corporation or a
trading or financial corporation formed within the limits of
the Commonwealth;
(c) air navigation within the Territories;
(d) air navigation to or from the Territories;
(e) air navigation, other than air navigation referred to in
paragraph (a), (b), (c) or (d), that consists of landing at, or
taking off from, any place acquired by the Commonwealth
for public purposes; and
(f) air navigation in which a Commonwealth aircraft is
engaged.
4 Delegation
The Secretary may, by signed instrument, delegate his or her
powers under these Regulations to:
(a) an employee of the Department; or
(b) an officer of the Civil Aviation Safety Authority; or
(c) an employee of Airservices Australia.
5 Applications by owner or operator of an aircraft

(1) The owner or operator of an aircraft may apply in writing to the
Secretary for:

Regulation 6A
(a) a noise certificate for the aircraft; or

(b) permission under regulation 9A for the aircraft to engage
in air navigation without a noise certificate.
(2) An applicant under subregulation (1) shall furnish to the
Secretary such information relating to the aircraft as is
reasonably required by the Secretary for a proper consideration
of the application.
6 Issue of noise certificate for aircraft to which the

Annex applies
(1) Subject to regulation 6A, if an aircraft in respect of which an
application is made under paragraph 5 (1) (a) complies with the
standards in respect of noise expressed in the Annex to be
applicable to aircraft of the class to which the aircraft belongs,
the Secretary must issue to the applicant a noise certificate for
the aircraft.
(2) Where the Secretary makes a decision to refuse the issue of a
noise certificate, he or she shall cause notice in writing of that
decision to be given to the applicant.
6A Issue of noise certificate for aircraft described in the

Schedule
(1) If an aircraft in respect of which an application is made under
regulation 5:
(a) is of a type specified in column 2 of an item in the
Schedule; and
(b) complies with the standards in respect of aircraft noise
specified in the provisions of the Annex specified in
column 3 of that item;
the Secretary must issue to the applicant a noise certificate for
the aircraft.
(2) For the purposes of subregulation (1), the noise level that is
emitted by an aircraft of a type specified in column 2 of an item
in the Schedule must be determined by reference to the test
procedures set out in the provisions of the Annex specified in
column 4 of that item.

Regulation 7
(3) If an aircraft is of a type that is described in column 2 of more

than 1 item in the Schedule:
(a) subregulation (1) applies if the aircraft complies with the
standards in respect of noise specified in the provisions of
the Annex specified in column 3 of any 1 of those items;
and
(b) the aircraft does not breach these Regulations by reason
only of the fact that it does not comply with the standards
in respect of noise specified in the provisions of the Annex
specified in column 3 of the other item or items.
(4) If the Secretary refuses to issue a noise certificate, he or she
must give notice in writing of the decision to the applicant.
(5) Unless the contrary intention appears, words and expressions
used in the Schedule and in Volume I of the Annex have the
same meaning as in that Volume.
7 Contents of noise certificate

(1) A noise certificate issued under these Regulations shall:
(a) certify:
(i) in the case of an aircraft of a type specified in
column 2 of an item in the Schedule — that the
aircraft complies with standards in respect of aircraft
noise specified in the Annex; or
(ii) in any other case — that the aircraft complies with
the standards in respect of noise expressed in the
Annex to be applicable to aircraft of the class to
which the aircraft belongs; and
(b) where the aircraft is registered in Australia — contain a
statement that the aircraft is so registered; and
(c) contain the following particulars in respect of the aircraft
to which it relates:
(i) the serial number of the aircraft as designated by the
manufacturer;
(ii) the type and model of the aircraft as designated by
the manufacturer;

Regulation 9
(iii) particulars of any additional modifications

incorporated for the purpose of compliance with the
applicable noise certification standards;
(iv) the maximum weights at which compliance with the
applicable noise certification standards has been
demonstrated;
(v) the noise level or levels and their 90 per cent
confidence limits at the reference point or points for
which compliance with the applicable noise
certification standards has been demonstrated.
(2) Words and expressions used in this regulation and in Volume I
of the Annex have in this regulation, unless the contrary
intention appears, the same respective meanings as they have in
that volume of the Annex.
8 Noise certificate deemed to be issued in certain

circumstances
(1) Where the manufacturer of an aircraft that engages in air
navigation has included in the flight manual for the aircraft a
statement to the effect that the aircraft:
(a) complies with the relevant standards in respect of noise
contained in the Annex; or
(b) complies with the requirements of a relevant law;
there shall be deemed to have been issued under regulation 6 a
noise certificate for the aircraft.
(2) Subregulation (1) does not apply in relation to an aircraft in
respect of which a noise certificate has at any time been
revoked.
9 Circumstances in which an aircraft may engage in air

navigation in Australia
(1) A subsonic jet aircraft may engage in air navigation only if:
(a) if it complies with the Chapter 3 standards — a noise
certificate is in force for it; or
(b) if it does not comply with the Chapter 3 standards:
(i) a permission is in force under regulation 9A for it; or

Regulation 9
(ii) a noise certificate is in force for it and it is permitted

under regulation 10A or 10BA to engage in air
navigation; or
(c) it is undergoing testing by an inspector to identify whether
it complies with the standards in respect of noise:
(i) applicable under regulation 6A; or
(ii) expressed in the Annex to be applicable to aircraft of
the class to which it belongs; or
(d) it is undergoing testing required by the Civil Aviation
Safety Authority, or a person authorised under the Civil
Aviation Regulations 1988, to determine whether a
certificate of airworthiness should be issued, renewed or
validated under those Regulations; or
(e) it was registered under the Civil Aviation Regulations
1988 on or before 6 December 1990 and continues to be
registered.
(1A) A supersonic aircraft may engage in air navigation only if
permission has been granted under regulation 9AA for the
aircraft to engage in air navigation.
(1B) If, under regulation 9AA, permission for a supersonic aircraft
to engage in air navigation is granted subject to conditions, the
aircraft must comply with those conditions when engaging in
air navigation.
(2) An aircraft that is not a subsonic jet aircraft or a supersonic
aircraft may engage in air navigation only if:
(a) a noise certificate is in force for it; or
(b) a permission is in force under regulation 9A or 9AB for it
to engage in air navigation; or
(c) it is undergoing testing by an inspector to identify whether
it complies with the standards in respect of noise:
(i) applicable under regulation 6A; or
(ii) expressed in the Annex to be applicable to aircraft of
the class to which it belongs; or
(d) it is undergoing testing required by the Civil Aviation
Safety Authority, or a person authorised under the Civil
Aviation Regulations 1988, to determine whether a

Regulation 9
certificate of airworthiness should be issued, renewed or

validated under those Regulations; or
(e) it was registered under the Civil Aviation Regulations
1988 on or before 6 December 1990 and continues to be
registered.
(3) The operator of an aircraft that engages in air navigation in
contravention of this regulation is guilty of an offence.
Penalty: 20 penalty units.
(4) Strict liability applies:
(a) for paragraph (1) (a) — to the physical element that an
aircraft complies with Chapter 3 standards; and
(b) for paragraph (1) (b) — to the physical element that an
aircraft complies with Chapter 3 standards, to the physical
element that a permission is in force under regulation 9A,
and to the physical element that an aircraft is permitted
under regulation 10A or 10B to engage in air navigation;
and
(c) for paragraph (1) (c) — to the physical element that a
noise standard applied to the aircraft under regulation 6A,
or is expressed in the Annex applicable to the aircraft of
the class to which it belongs; and
(d) for subregulation (1A) — to the physical element that a
permission was granted under regulation 9AA for the
aircraft to engage in air navigation; and
(e) for paragraph (2) (b) — to the physical element that a
permission was in force under regulation 9A or 9AB for an
aircraft to engage in air navigation; and
(f) for paragraph (2) (c) — to the physical element that a
noise standard applied to the aircraft under regulation 6A
or is expressed in the Annex applicable to the aircraft of
the class to which it belongs.
Note A person can be criminally responsible for an offence even if he or
she is mistaken about, or ignorant of, the existence or content of an Act or
subordinate legislation; see sections 9.3 and 9.4 of the Criminal Code.

Regulation 9A
9A Permission for a subsonic aircraft to which

standards apply to engage in air navigation
(1) If an aircraft, except a supersonic aircraft, does not comply
with:
(a) in the case of an aircraft of a type specified in column 2 of
an item in the Schedule — the standards in respect of
aircraft noise specified in the provisions of the Annex
specified in column 3 of that item; or
(b) in the case of an aircraft included in a class of aircraft to
which standards in respect of noise are expressed in the
Annex to be applicable — the relevant standards;
the owner or operator of the aircraft may apply to the Secretary
for permission for the aircraft to engage in air navigation
without a noise certificate.
(1A) If:
(a) an aircraft is a subsonic jet aircraft that meets Chapter 2
standards; and
(b) the aircraft is allowed to engage in air navigation only if
permission is granted under this regulation;
the owner or operator of the aircraft may apply to the Secretary
for permission for the aircraft to engage in air navigation.
(2) If an application is made under subregulation (1) or (1A), the
Secretary may give permission in writing for the aircraft to
engage in air navigation if:
(a) in the case of an aircraft, other than a subsonic jet aircraft,
to which an application under subregulation (1) relates —
the extent to which the aircraft exceeds the standards is not
significant; or
(b) the historical significance of the aircraft justifies giving the
permission; or
(c) the aircraft is to be used solely for a purpose that is in the
public interest.
(2A) For paragraph (2) (c), purposes that are in the public interest
include the following:
(a) humanitarian purposes;
(b) the provision of essential services to a remote area;

Regulation 9AA
(c) a medical or emergency flight;

(d) a scientific or research flight.
(3) If the Secretary gives permission, the Secretary must:
(a) in a case to which paragraph 9A (2) (c) applies — specify:
(i) the purpose for which the aircraft is to be used; and
(ii) the period, not exceeding 1 month, during which the
aircraft may engage in air navigation; and
(b) in any case — set out in the permission any conditions
with which the applicant must comply.
(5) If the Secretary sets out conditions, the aircraft may only be
used for air navigation in accordance with the conditions.
(6) The Secretary may revoke the permission if:
(a) in relation to an aircraft of a kind referred to in paragraph
(2) (a) — the aircraft significantly exceeds the relevant
standards; or
(b) in any other case — the aircraft is not used for the purpose
for which the permission was given or is operated in
contravention of a condition set out in the permission.
(7) If the Secretary refuses to give permission, or revokes
permission, he or she must give notice in writing of the
decision to the applicant.
9AA Permission for a supersonic aircraft to engage in air

navigation
(1) The operator of a supersonic aircraft may apply to the Secretary
for permission for the aircraft to engage in air navigation.
(2) The Secretary may, by notice in writing, grant permission to an
applicant.
(3) If the Secretary grants permission, the Secretary:
(a) must specify in the permission the period during which the
(b) may set out in the permission the conditions with which
the applicant must comply.

Regulation 9AB
(4) The Secretary may revoke a permission that is granted to the

operator of a supersonic aircraft if the aircraft is operated in
contravention of a condition set out in the permission.
(5) If the Secretary:
(a) refuses to grant permission — the Secretary must give
notice in writing of the refusal to the applicant that
includes the reasons for the refusal; or
(b) revokes permission — the Secretary must give notice in
writing of the revocation to the holder of the permission
that includes the reasons for the revocation.
9AB Permission for other aircraft to engage in air

navigation
(1) The owner or operator of an aircraft (other than an aircraft to
which subregulation 9A (1) or (1A) or regulation 9AA applies)
may apply to the Secretary for permission for the aircraft to
engage in air navigation.
(2) The Secretary may, by notice in writing, grant permission to an
applicant.
(3) If the Secretary grants permission, the Secretary must:
(a) specify in the permission the period during which the
(b) set out in the permission any conditions with which the
applicant must comply.
(4) A person commits an offence if:
(a) a notice issued under subregulation 9AB (2) sets out
conditions; and
(b) the person engages in conduct; and
(c) the person’s conduct results in a breach of any of the
conditions.
(5) The Secretary may revoke a permission that is granted to the
operator of an aircraft if:

Regulation 10
(a) the aircraft is operated in contravention of a condition set

out in the permission; or
(b) the engagement of the aircraft in air navigation has had,
and is likely to continue to have, a significant noise impact
on the public.
(6) If the Secretary refuses to grant permission, or revokes
permission, he or she must give notice in writing of the
decision to the applicant.
10 Revocation of noise certificate

(1) If an aircraft for which a noise certificate has been issued, or is
deemed to have been issued, ceases to conform with:
(a) in the case of an aircraft of a type specified in column 2 of
(b) in any other case:
(i) the standards in respect of noise expressed in the
which the aircraft belongs; or
(ii) the requirements of a relevant law;
the Secretary may give to the operator of the aircraft notice in
writing that the Secretary intends to revoke the noise
certificate.
(2) Where:
(a) an aircraft for which a notice is given under subregulation
(1) does not, within the prescribed period, comply with:
(i) in the case of an aircraft of a type specified in
column 2 of an item in the Schedule — the standards
in respect of aircraft noise specified in the provisions
of the Annex specified in column 3 of that item; or
(ii) in any other case:
(A) the standards in respect of noise expressed in
the Annex to be applicable to aircraft of the
class to which the aircraft belongs; or
(B) the requirements of a relevant law; or

Regulation 10
(b) the operator of an aircraft for which a noise certificate is in

force fails, without reasonable excuse, to comply with any
reasonable requirement made by an inspector under these
Regulations in respect of the aircraft;
the Secretary may, by notice in writing given to the operator of
the aircraft, revoke the noise certificate issued in relation to the
aircraft.
(3) For the purposes of paragraph (2) (a), the period that is the
prescribed period for the aircraft is the period of 30 days or
such longer period as the Secretary, within that period of
30 days, allows commencing on the day immediately
succeeding the day on which the notice is given under
subregulation (1).
(4) The operator of an aircraft shall, as soon as possible, and in any
case within 14 days, after receipt by him of notice of revocation
of a noise certificate:
(a) except where paragraph (b) or (c) applies — return the
noise certificate, or cause it to be returned, to the
Secretary;
(b) where the noise certificate is contained in a document that
also contains other material — present that document, or
cause it to be presented, to the Secretary for noting thereon
the fact of revocation; or
(c) in the case of an aircraft in relation to which, by virtue of
subregulation 8 (1), a noise certificate is deemed to have
been issued — present the flight manual for the aircraft to
the Secretary for noting thereon the fact of revocation.
(4A) An offence against subregulation (4) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(5) Where:
(a) under subregulation (1) or (2), a notice is given by the
Secretary or an authorised officer to the operator of an
aircraft; and

Regulation 10A
(b) the operator is not the owner of the aircraft;

the Secretary or the authorised officer shall give a copy of the
notice to the owner of the aircraft.
10A Permission to engage in air navigation for a subsonic

jet aircraft that does not comply with the Chapter 3
standards
(1) Subject to regulation 10B, this regulation applies to a subsonic
jet aircraft that complies with the Chapter 2 standards but does
not comply with the Chapter 3 standards.
(2) The aircraft is permitted to engage in air navigation if it is a
foreign aircraft engaged in international air navigation.
(3) A registered aircraft is permitted to engage in air navigation if
it was on the register of Australian aircraft on 1 January 1991.
(4) The aircraft is permitted to engage in air navigation if it is fitted
with an engine or engines with a by-pass ratio of 2 or more.
(5) The aircraft is permitted to engage in air navigation if:
(a) it was obtained by the operator to replace a registered
aircraft:
(i) that did not comply with the Chapter 3 standards;
and
(ii) that was destroyed by accident; and
(b) the operator was, at the time that the aircraft was obtained,
unable to replace the destroyed aircraft with an aircraft of a
type that complies with the Chapter 3 standards; and
(c) it was registered within 1 year after the day on which the
previous aircraft was destroyed.
(6) Subject to subregulation 10B (5), the aircraft is permitted to
engage in air navigation if:
(a) it was obtained by the operator to replace a registered
aircraft:
(i) that complied with the Chapter 3 standards; and
(ii) that was destroyed by accident; and

Regulation 10B
(b) the operator was, at the time that the aircraft was obtained,
unable to replace the destroyed aircraft with an aircraft of a
type that complies with the Chapter 3 standards; and
(c) it was registered within 1 year after the day on which the
previous aircraft was destroyed.
10B Termination of permission for a subsonic jet aircraft

that does not comply with the Chapter 3 standards to
engage in air navigation
(1) This regulation applies to a subsonic jet aircraft that does not
comply with the Chapter 3 standards.
(2) An aircraft that is fitted with an engine or engines with a
by-pass ratio of less than 2 is permitted to engage in air
navigation until:
(a) if more than 25 years have passed since the day on which a
certificate of airworthiness for the aircraft was first
issued — 1 April 1995; or
(b) in any other case:
(i) the end of the 25th year after the day on which a
certificate of airworthiness for the aircraft was first
issued; or
(ii) 31 March 2002;
whichever occurs first.
(3) An aircraft that is fitted with an engine or engines with a
by-pass ratio of 2 or more and complies with the Chapter 2
standards is permitted to engage in air navigation until
31 March 2002.
(4) If the Secretary permits the aircraft to engage in air navigation
because it is to be used solely for a purpose that is in the public
interest, it is permitted to engage in air navigation while the
permission is in force.
(5) An aircraft that is permitted to engage in air navigation under
subregulation 10A (6) is permitted to engage in air navigation
until the end of 1 year after the day on which it is registered.

Regulation 10BA
10BA Permission to engage in air navigation for the

purpose of maintenance
(1) This regulation applies to a foreign aircraft that:
(a) is a subsonic jet aircraft; and
(b) complies with the Chapter 2 standards but does not
comply with the Chapter 3 standards; and
(c) apart from this regulation, would be prohibited, under
these Regulations, from engaging in air navigation.
(2) The operator of a foreign aircraft may apply to the Secretary for
permission to engage in air navigation solely for the purpose of
maintenance of the aircraft.
(3) The Secretary may, by written notice, grant permission to the
applicant.
(4) A notice under subregulation (3) must state:
(a) the period, ending no later than 31 December 2005, during
which the foreign aircraft may engage in air navigation;
and
(b) any conditions with which the operator of the aircraft must
comply.
(5) An operator of an aircraft commits an offence if:
(a) a notice issued under subregulation 10BA (3) sets out
conditions; and
(b) the operator engages in conduct; and
(c) the operator’s conduct results in a breach of any of the
conditions.
(5A) An offence against subregulation (5) is an offence of strict
liability.
(6) The Secretary may revoke the permission if:

(a) the aircraft is operated in contravention of a condition of
the permission; or

Regulation 10C
(b) the operation of the aircraft has had, and is likely to

continue to have, a significant noise impact on the public.
(7) If the Secretary refuses to grant a permission, or revokes a
permission, the Secretary must give notice of the decision to
the applicant.
10C Extension of permission to engage in air navigation

because of financial hardship
(1) The Minister may publish a notice in the Gazette of the
countries to which this regulation applies.
(2) The operator of an aircraft may apply to the Minister to have
the country in which the operator’s principal business office is
located included in the notice.
(3) The operator must:
(a) state in the application the reasons for making it; and
(b) if the Minister, in writing, asks the operator to give the
Minister information in relation to the application — give
the information to the Minister.
(4) The Minister must consider the application and may approve or
refuse it.
(5) The operator of an aircraft that is permitted under regulation
10A to engage in air navigation until a day before 31 March
2002 may apply to the Secretary to set a day, later than that day,
on which the permission ends if:
(a) on 1 January 1991, the aircraft is on the register of aircraft
of a country that is included in the notice; and
(b) the principal business office of the operator of the aircraft
is located in the country; and
(c) the operator would experience financial hardship if the
aircraft does not engage in air navigation after the day on
which the permission ends.
(6) If the operator applies, the Secretary may set a day, after which
the aircraft must not engage in air navigation:
(a) later than the day on which the permission ends; and
(b) not later than 31 March 2002.

Regulation 11
(7) The Secretary must give notice in writing to the applicant of a

decision under this regulation.
10D Provision of information

(1) The Secretary may, in writing, ask the operator of an aircraft to
advise the Secretary of the day on which a certificate of
airworthiness for the aircraft was first issued.
(2) If the operator does not advise the Secretary of the day:
(a) the operator is guilty of an offence punishable by a
maximum fine of 20 penalty units; and
(b) the Secretary may, by notice given to the operator, suspend
permission for the aircraft to engage in air navigation until
the day on which the operator advises the Secretary of the
day on which the certificate was first issued.
(3) An offence against paragraph (2) (a) is an offence of strict
liability.
11 Inspectors
(1) The Secretary may, in writing, appoint:
(a) an officer of the Civil Aviation Safety Authority or an
employee of Airservices Australia; or
(b) a person who is able to measure the level of noise emitted
by an aircraft;
as an inspector.
(2) The Secretary must issue to an inspector an identity card,
bearing a recent photograph of the person, stating that the
person is an inspector appointed under these Regulations.
(2A) A person who ceases to be an inspector must not fail to return
his or her identity card to the Secretary as soon as practicable,
but in any case within 14 days after receiving notice of the
cessation or termination of his or her appointment under these
Regulations.
Penalty: 1 penalty unit.

Regulation 11
(2B) An offence against subregulation (2A) is an offence of strict

liability.
(2C) It is a defence to a prosecution under subregulation (2A) that

the defendant had a reasonable excuse for failing to return the
relevant identity card.
Note A defendant bears an evidential burden in relation to whether or not
he or she had a reasonable excuse (see subsection 13.3 (3) of the Criminal
Code).
(3) An inspector may require the operator of an aircraft:

(a) in respect of which an application has been made under
regulation 5; or
(b) in respect of which a noise certificate is in force;
to make the aircraft available for inspection at any reasonable
time, and may inspect the aircraft when so made available, for
the purpose of determining whether the aircraft complies with:
(c) in the case of an aircraft of a type specified in column 2 of
(d) in any other case:
(i) the standards in respect of noise expressed in the
which the aircraft belongs; or
(ii) the requirements of a relevant law.
(3A) An inspector may not:
(a) require the operator of an aircraft referred to in
subregulation (3) to make the aircraft available for
inspection; or
(b) inspect the aircraft;
if he or she fails to produce his or her identity card when
requested to do so.
(4) An inspector may, in the course of inspecting an aircraft, carry
out such tests in relation to the aircraft, including tests carried
out while it is in flight (whether or not the inspector is on board

Regulation 13
the aircraft), as are necessary for determining whether the

aircraft complies with the relevant standards in respect of noise.
13 Review of decisions
Application may be made to the Administrative Appeals
Tribunal for review of a decision of the Secretary:
(a) refusing to issue a noise certificate under subregulation
6 (1) or 6A (1); or
(b) refusing to give a permission under subregulation 9A (2),
9AA (2), 9AB (2) or 10BA (3); or
(c) specifying a period under paragraph 9A (3) (a), 9AA (3)
(a), 9AB (3) (a) or 10BA (4) (a); or
(d) imposing, or varying, a condition under paragraph
9A (3) (b), 9AA (3) (b), 9AB (3) (b) or 10BA (4) (b); or
(e) revoking a permission under subregulation 9A (6), 9AA
(4), 9AB (5) or 10BA (6); or
(f) revoking a noise certificate under subregulation 10 (2); or
(g) refusing under subregulation 10C (4) to approve the
inclusion of a country in a notice; or
(h) setting, or refusing to set, a day under subregulation
10C (6); or
(i) suspending a permission under paragraph 10D (2) (b).

Schedule Noise levels and testing procedures for certain aircraft
Schedule Noise levels and testing

procedures for certain aircraft
(regulation 6A)
Column 1 Column 2 Column 3 Column 4
Item No. Type of Aircraft Provisions of Provisions of the

the Annex for Annex for test
noise levels procedure
1 Subsonic jet aircraft requiring a 2.2, 2.4, 2.5 2.2, 2.3, 2.6,
runway length (with no stopway or Appendix 1
clearway) of 610 metres or less at
maximum certificated mass for
airworthiness for which:
(a) the application for a certificate
of airworthiness for the
prototype was accepted by the
certificating authority; or
(b) another equivalent prescribed
procedure was carried out by
the certificating authority;
before 6 October 1977
2 Subsonic jet aircraft powered by 2.2, 2.4, 2.5 2.2, 2.3, 2.6
engines with a by-pass ratio of 2 or Appendix 1
more and for which a certificate of
airworthiness for the individual
aircraft was first issued before
1 March 1972

Noise levels and testing procedures for certain aircraft Schedule

3 Subsonic jet aircraft powered by 2.2, 2.4, 2.5 2.2, 2.3, 2.6,
engines with a by-pass ratio of less Appendix 1
than 2:
(a) for which:
(i) the application for a
certificate of airworthiness
for the prototype was
accepted by the
(ii) another equivalent
prescribed procedure was
carried out by the
certificating authority;
before 1 January 1969; and
(b) for which a certificate of
airworthiness for that aircraft
was first issued before 1
January 1976
4 Subsonic jet aircraft, including 3.2, 3.4, 3.5 3.2, 3.3, 3.6, 3.7
derived versions, requiring a runway Appendix 2
length (with no stopway or clearway)
of 610 metres or less at maximum
certificated mass for airworthiness,
for which:
on or after 6 October 1977


5 Derived version of a subsonic jet 2.2, 2.4, 2.5 2.2, 2.3, 2.6,
aircraft for which: Appendix 1
prototype was carried out by the
certificating authority before 6
October 1977, or
the certificating authority
before 26 November 1981
6 Propeller-driven aircraft, including 5.2, 5.4, 5.5 5.2, 5.3, 5.6,
derived versions, of a maximum 5.7, Appendix 2
certified take-off mass exceeding
5,700 kg, for which:
before 6 October 1977


7 Propeller-driven aircraft, including 5.2, 5.4, 5.5 5.2, 5.3, 5.6, 5.7
derived versions, of a maximum Appendix 2
certificated take-off mass exceeding
5,700 kg, requiring a runway length
(with no stopway or clearway) of 610
metres or less at maximum
certificated mass for airworthiness,
and for which:
on or after 6 October 1977 and
before 1 January 1985
8 Propeller-driven aircraft of a 6.2, 6.3 6.2, 6.4, 6.5,
maximum certificated take-off mass Appendix 3
not exceeding 9,000 kg for which:


9 Propeller-driven aircraft of a 6.2, 6.3 6.2, 6.4, 6.5,

maximum certificated take-off mass Appendix 3
not exceeding 9,000 kg for which a
certificate of airworthiness for that
aircraft was first issued before
1 January 1980
10 Helicopters designed exclusively for 8.2, 8.4, 8.5 8.2, 8.3, 8.6,
external load carrying purposes for 8.7, Appendix 4
which:
(b) another prescribed procedure
was carried out by the
certificating authority;
on or after 1 January 1985
11 Helicopters for which: 8.2, 8.4, 8.5 8.2, 8.3, 8.6,
8.7, Appendix 4


12 Helicopters for which: 8.2, 8.4, 8.5 8.2, 8.3, 8.6,

8.7, Appendix 4
(a) an application for a change of
type design was accepted by the
before 17 November 1988

Notes to the Air Navigation (Aircraft Noise) Regulations 1984
Table of Statutory Rules
Notes to the Air Navigation (Aircraft Noise)

Regulations 1984
Note 1
The Air Navigation (Aircraft Noise) Regulations 1984 (in force under the
Air Navigation Act 1920) as shown in this compilation comprise
Statutory Rules 1984 No. 188 amended as indicated in the Tables below.
Table of Statutory Rules

Year and Date of Date of Application,
number notification commencement saving or
in Gazette transitional
provisions
1984 No. 188 10 Aug 1984 10 Aug 1984
1985 No. 301 21 Nov 1985 21 Nov 1985 —
1986 No. 233 4 Sept 1986 4 Sept 1986 —
1988 No. 163 30 June 1988 1 July 1988 —
1988 No. 277 15 Nov 1988 17 Nov 1988 —
1990 No. 397 6 Dec 1990 6 Dec 1990 —
1991 No. 428 19 Dec 1991 19 Dec 1991 —
1992 No. 341 27 Oct 1992 27 Oct 1992 —
1994 No. 305 6 Sept 1994 6 Sept 1994 —
1996 No. 209 26 Sept 1996 26 Sept 1996 —
2000 No. 361 20 Dec 2000 20 Dec 2000 —
2002 No. 13 21 Feb 2002 21 Feb 2002 —

Notes to the Air Navigation (Aircraft Noise) Regulations 1984
Table of Amendments
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected

R. 1...................................... rs. 2000 No. 361
R. 2...................................... am. 1985 No. 301; 1986 No. 233; 1988 Nos. 163 and
277; 1990No. 397; 1991 No. 428; 1994 No. 305; 2000
No. 361; 2002 No. 13
R. 3...................................... am. 1990 No. 397; 1991 No. 428
R. 4...................................... am. 1988 No. 163; 1990 No. 397
rs. 1991 No. 428; 2000 No. 361
Rr. 5, 6................................. am. 1990 No. 397; 1991 No. 428
R. 6A ................................... ad. 1990 No. 397
am. 1991 No. 428
R. 7...................................... am. 1990 No. 397; 1991 No. 428
R. 8...................................... am. 1986 No. 233; 1991 No. 428
R. 9...................................... am. 1988 No. 163; 1990 No. 397; 1991 No. 428; 1992
No. 341; 1994 No. 305; 1996 No. 209; 2000 No. 361;
2002 No. 13
R. 9A ................................... ad. 1990 No. 397
am. 1991 No. 428; 1992 No. 341; 1994 No. 305; 1996
No. 209; 2000 No. 361
R. 9AA ................................. ad. 1994 No. 305
R. 9AB ................................. ad. 1996 No. 209
am. 2002 No. 13
R. 10.................................... am. 1986 No. 233; 1990 No. 397; 1991 No. 428; 1992
No. 341; 2002 No. 13
R. 10A ................................. ad. 1991 No. 428
am. 1994 No. 305
R. 10B ................................. ad. 1991 No. 428
R. 10BA ............................... ad. 2000 No. 361
am. 2002 No. 13
R. 10C ................................. ad. 1991 No. 428
R. 10D ................................. ad. 1991 No. 428
am. 2002 No. 13
R. 11.................................... am. 1986 No. 233; 1990 No. 397; 1991 No. 428; 2000
No. 361; 2002 No. 13
R. 12.................................... rep. 1991 No. 428
R. 13.................................... am. 1990 No. 397; 1991 No. 428; 1994 No. 305; 1996
No. 209
rs. 2000 No. 361
Schedule ............................. ad. 1990 No. 397

Air Navigation (Aircraft Noise) Regulations 1984

Uploaded by

Copyright:

Available Formats

Air Navigation (Aircraft Noise) Regulations 1984

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Air Navigation (Aircraft Noise) Regulations 1984

Uploaded by

Copyright:

Available Formats

Air Navigation (Aircraft Noise)

made under the

Air Navigation Act 1920

This compilation was prepared on 22 February 2002

Prepared by the Office of Legislative Drafting,

2 Air Navigation (Aircraft Noise) Regulations 1984

Schedule Noise levels and testing procedures for certain

Air Navigation (Aircraft Noise) Regulations 1984 3

1 Name of Regulations [see Note 1]

4 Air Navigation (Aircraft Noise) Regulations 1984

derived version, in relation to an aircraft, has the same meaning

Air Navigation (Aircraft Noise) Regulations 1984 5

(b) is not capable of sustained level flight at a speed equal to

5 Applications by owner or operator of an aircraft

6 Air Navigation (Aircraft Noise) Regulations 1984

(a) a noise certificate for the aircraft; or

6 Issue of noise certificate for aircraft to which the

6A Issue of noise certificate for aircraft described in the

Air Navigation (Aircraft Noise) Regulations 1984 7

(3) If an aircraft is of a type that is described in column 2 of more

7 Contents of noise certificate

8 Air Navigation (Aircraft Noise) Regulations 1984

(iii) particulars of any additional modifications

8 Noise certificate deemed to be issued in certain

9 Circumstances in which an aircraft may engage in air

Air Navigation (Aircraft Noise) Regulations 1984 9

(ii) a noise certificate is in force for it and it is permitted

10 Air Navigation (Aircraft Noise) Regulations 1984

certificate of airworthiness should be issued, renewed or

Air Navigation (Aircraft Noise) Regulations 1984 11

9A Permission for a subsonic aircraft to which

12 Air Navigation (Aircraft Noise) Regulations 1984

(c) a medical or emergency flight;

9AA Permission for a supersonic aircraft to engage in air

Air Navigation (Aircraft Noise) Regulations 1984 13

(4) The Secretary may revoke a permission that is granted to the

9AB Permission for other aircraft to engage in air

14 Air Navigation (Aircraft Noise) Regulations 1984

(a) the aircraft is operated in contravention of a condition set

10 Revocation of noise certificate

Air Navigation (Aircraft Noise) Regulations 1984 15

(b) the operator of an aircraft for which a noise certificate is in

16 Air Navigation (Aircraft Noise) Regulations 1984

(b) the operator is not the owner of the aircraft;

10A Permission to engage in air navigation for a subsonic

Air Navigation (Aircraft Noise) Regulations 1984 17

10B Termination of permission for a subsonic jet aircraft

18 Air Navigation (Aircraft Noise) Regulations 1984

10BA Permission to engage in air navigation for the

(6) The Secretary may revoke the permission if:

Air Navigation (Aircraft Noise) Regulations 1984 19

(b) the operation of the aircraft has had, and is likely to

10C Extension of permission to engage in air navigation

20 Air Navigation (Aircraft Noise) Regulations 1984

(7) The Secretary must give notice in writing to the applicant of a

10D Provision of information

Air Navigation (Aircraft Noise) Regulations 1984 21

(2B) An offence against subregulation (2A) is an offence of strict

(2C) It is a defence to a prosecution under subregulation (2A) that