4.1.1 The Air Navigation (Essendon Airport) Regulations 2001 provides that between 2300-0600 local time no landing or take-offs are permitted at the airport except for the following under 4.2, 4.3 and 4.4
4.1.3 The regulation contains provisions for penalties for unauthorized operations.
4.2 Permitted Operations
4.2.1 Only aircraft meeting the following criteria are permitted to operate at the airport between 2300 and 0600 local time.
a) Propeller driven aircraft with a MTOW that does net exceed 8618 KG
b) Propeller driven aircraft with a MTOW that exceeds 8618 KG but the aircraft's noise emission levels do not exceed:
i) 90 EPNdB on Take-off
ii) 95 EPNdB on approach
An aircraft's noise emission levels must be measured in accordance to the procedures set out in Appendix II Volume I of Annex 16 of the Chicago Convention, but without allowing any trade-offs under the process set out in Clause 3.5 of Chapter 3 of the Annex.
4.2.2 The operator is responsible for determining the noise status of an aircraft with respect to ICAO Annex 16. If an aircraft is noise certificated, the necessary information will be available with the aircraft's documentation. Airservices Australia will provide advice, on request, to operators. Operators can obtain this information by writing to:
Manager, Environment Monitoring
Environment Services Branch
Canberra, ACT 2601
or by Fax at 02 6268 4201 or phone 02 6268 4530
4.2.3 An aircraft that otherwise would not be permitted to take off during the curfew period may take off if:
a) The aircraft received taxi clearance before the start of the curfew period or
b) An Air Traffic Control service is not available, and the aircraft began taxiing for take off before the start of the curfew period.
4.2.4 An aircraft that otherwise would not be permitted to land during the curfew period may land if:
a) Both of the following conditions are met:
i) When the aircraft takes off, the aircraft operator reasonably believes that the aircraft will land before the beginning of the curfew period
ii) The landing is authorized by a dispensation given under 4.4
b) The aircraft is involved in an emergency (within the meaning given by para 4.3.2).
4.2.5 A flight plan must be submitted to Airservices Australia before operating at Essendon Airport during the curfew period. This requirement does not apply to operations described in para 4.2.4.
4.2.6 The operator of an aircraft shall not flight plan with Essendon Airport as an alternate airport if the flight is scheduled to end during the curfew period.
4.3.1 The restrictions in AIP ERSA Special procedures Note 1 and sub section 4.2 do not apply to a flight in the following circumstances:
a) The aircraft is involved in an emergency; or
b) The aircraft is taking off from Essendon Airport to resume a flight
interrupted by an emergency involving the aircraft; or
c) The aircraft is involved in a Police Air Wing Operation; or
A dispensation is granted by the Secretary, Department of Transport and Regional Services.
4.3.2 For sub para 4.3.1 a) and b), an aircraft is involved in an emergency if:
a) The aircraft is being used for or in connection with
i) A search and rescue operation; or
ii) A medical emergency; or
iii) A natural disaster; or
iv) A mercy flight.
b) The pilot of the aircraft has declared an in flight emergency
c) The aircraft has insufficient fuel to be diverted to another airport; or
d) There is urgent need for the aircraft to land or take off:
i) To ensure the safety or security of the aircraft or a person; or
ii) To avoid damage to property.
Sub para 4.3.2 a) includes a flight to transport a person in need of medical attention, to transport an organ for urgent transplant, or to rescue a person from a dangerous situation.
4.4.1 An operator may apply for a dispensation form AIP ERSA Special Procedures Note 1 or sub section 4.2 in exceptional circumstances.
4.4.2 A dispensation may be granted subject to conditions including, for example, conditions relating to when a take off or landing must occur.
4.4.3 Requests for dispensations should be made to the Depart of Transport and Regional Services via telephone 02 6274 6100 or 1300 30 7228 or by
email to: email@example.com
Full details are in the relevant AIP Supplement, available from
the Airservices Australia web site (www.airservices.gov.au).