All civil aircraft operating in Australia are required to comply with the Air Navigation (Aircraft Noise) Regulations 2018 (the Regulations) regardless of size, purpose or ownership.
Responsibility for regulatory compliance rests with the aircraft operator/owner to ensure their aircraft meets the Regulations.
Aircraft types that fall into one of the following categories do not require a noise assessment or certificate as the aircraft is specified as exempt from the Regulations:
- a state aircraft
- a hot air balloon
- a propeller-driven aircraft that is specifically designed, and used exclusively, for:
- aerobatic purposes
- firefighting purposes
- agricultural operations
- environmental operations.
Under delegation by the Secretary of Department of Infrastructure, Regional Development and Cities (the Department), Airservices can assist the aircraft operator/owner to meet the Regulations by doing one of the following:
1. for aircraft intending to operate without a noise certificate, Airservices provides the following services:
- deeming the aircraft to meet the Regulations (Section 12).The Deemed path is a method of compliance available to aircraft engaging in air navigation within Australia only through Section 12 (Deemed) of the Air Navigation (Aircraft Noise) Regulations 2018. For aircraft intending to undertake international air navigation, deemed is not appropriate. Requirements under international regulations may vary from Contracting State to Contracting State and it is the responsibility of the owner/operator to ensure that the documentation held is acceptable.
- providing a permit to operate without a noise certificate if the requirements of Section 14(3)(a) are satisfied. Note: a permit cannot be used for operations during the curfew period at relevant airports
2. for aircraft intending to operate with an Australian Noise Certificate, Airservices can provide the following services:
- issuing an Australian Noise Certificate (Section 9) in accordance with clause 1.5 of ICAO Annex 16, Part II Chapter 1.An Australian Noise Certificate is generally accepted as evidence of compliance under ICAO, Annex 16, Volume I and therefore may be more appropriate for aircraft undertaking international air navigation. Note – While ICAO, Annex 16, Volume I, II-1-1.8 specifies: “Contracting States shall recognize as valid a noise certification granted by another Contracting State provided that the requirements under which such certification was granted are at least equal to the applicable Standards specified in this Annex” this does not guarantee acceptance by foreign states. Such decisions are at the discretion of each individual state, based on their specific regulations and evidence requirements.
- conducting an Australian Noise Certification Test (Section 8), resulting in an Australian noise certificate.
Operators should check their Approved Flight Manual and international databases such as the European Aviation Safety Agency Type Certificate Datasheet for Noise (TCDSN) or the Federal Aviation Administration Type Certificate Data Sheets (TCDS) database to see if the aircraft’s configuration holds international noise certification. For aircraft to be ‘deemed’ as meeting the Regulations by Airservices, the operator will be required to provide evidence of its noise certification. Airservices can assist, however, cannot source this information for the operator.
Please access the aircraft noise flow chart for details on the process, including required documentation for each of the aircraft noise services provided by Airservices.
Please note, an application which falls into one of the below categories will be referred to the Department for permission to operate:
- historical aircraft [Section 14(3)(b)]
- adventure flights/airshows [Section 14(3)(d)]
- non-scheduled flight/public interest [Section 14(3)(c) or 19(1)]
Further information on the above categories is available on the Department of Infrastructure, Regional Development and Cities website.
Eligibility to operate the aircraft in compliance with the Air Navigation (Aircraft Noise) Regulations 2018 does not override any conditions on operation of the aircraft which have been specified under any other Acts, Regulations, Orders or Instructions administered by Airservices Australia, the Civil Aviation Safety Authority or other relevant Federal or State authorities (for example, curfew restrictions).