I'm amazed the number of dispensations that are regularly granted these days.
Yes, while I haven't been 'surprised' given the existence of the CL et al, at face value it would seem that these 2016 regulations are being sometimes ignored:
(the dispensations granted or refused are publicised in regular reports to Federal Parliament):
Sydney Airport Curfew (Dispensation) Guideline 2016
Sydney Airport Curfew Act 1995
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.
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Circumstances that are not generally exceptional
Exceptional circumstances will not generally exist on the basis that:
(a) one of the following has caused changes to scheduled flights:
(i) adverse weather conditions, where the operator of an aircraft scheduled to fly to Sydney Airport knew, or could reasonably have been expected to know, prior to take-off, that those conditions were likely to eventuate;
(ii) adverse weather conditions, where the operator of an aircraft scheduled to depart Sydney Airport knew, or could reasonably have been expected to know, within a reasonable period prior to take-off, that those conditions were likely to eventuate;
(iii) industrial disputes, other than those referred to in section 8;
(iv) disruptions to an operator’s network or schedules due to mechanical problems, other than a problem referred to in section 6(b)(i); or
(b) the dispensation would allow the accommodation of airline management requirements (such as a need to reposition or crew aircraft).
