EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
EXEMPTION UNDER REGULATION 308 RELATING TO TAKE-OFFS AND LANDINGS BY DASH 8 AIRCRAFT AT LORD HOWE ISLAND
Under subsection 98 (1) of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Under regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of the aircraft, from compliance with specified provisions of CAR 1988. Subregulation 308 (3) of CAR 1988 provides that CASA can impose conditions necessary in the interests of safety. An exemption is a legislative instrument.
Subregulation 235 (2) of CAR 1988 provides that CASA may, for the purposes of ensuring the safety of air navigation, give directions setting out how to determine the maximum take-off and landing weights of an aircraft. These are given by paragraph 4.1 of section 20.7.1B of the Civil Aviation Orders (CAOs), which provides for the determination of take-off weight limitations, paragraph 5.1 which provides for the determination of landing weight limitations and paragraph 11.1 which provides for the landing distance required.
The landing distance required for a DASH 8 aircraft operated by Surveillance Australia Pty Ltd at Lord Howe Island is 1.67 times the distance required to bring the aircraft to a complete stop. Internationally, a factor of 1.43 is accepted. It is proposed to incorporate this factor in the Civil Aviation Safety Regulations 1998. This exemption allows Surveillance Australia Pty Ltd to apply the lower factor at Lord Howe Island.
A runway end safety area (RESA) is an area symmetrical about the extended runway centre line and beside the end of the strip, primarily intended to reduce the risk of damage to an aeroplane undershooting or overrunning the runway. Generally, a RESA cannot be taken in account in the length of runway available for take-offs. It must be available in case of a need for extra distance in landing or taking off. Its bearing strength is often less than the bearing strength of the runway.
At Lord Howe Island, the RESAs are constructed to an equivalent standard to the runway. It is therefore acceptable for the departure end RESA to be used for take-offs, and is a safety enhancement that provides for more runway length than would otherwise be available.
The exemption allows the RESA to be used for this purpose. It also removes, in accordance with international practice, the requirement to consider temperature in determining the landing distance required.
The exemption is a legislative instrument for the purposes of section 5 of the Legislative Instruments Act 2003. It is subject to tabling and disallowance in the Parliament under sections 38 and 42 of that Act.
Consultation under section 17 of the Legislative Instruments Act 2003 has not been undertaken in this case. The instrument has been specifically requested by Surveillance Australia Pty Ltd and meets its requirements for the DASH 8 aircraft to which it applies.
The exemption takes effect at the start of the day after it is registered on the Federal Register of Legislative Instruments, and it stops having effect at the end of February 2007.
The exemption has been made by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, under subregulation 7 (1) of CAR 1988.
[Instrument Number: CASA EX06/2005]
Overview
The Civil Aviation Act 1988 and its accompanying regulations, including the Civil Aviation Regulations 1988, govern the safety of air navigation in Australia. The problem addressed by the legislation is the need to balance operational efficiency with safety, particularly in unique geographical locations such as Lord Howe Island. The Civil Aviation (Exemption) Regulations 1988 provide mechanisms through which the Civil Aviation Safety Authority (CASA) can grant exemptions from certain regulatory requirements to ensure the safety of air navigation, as authorised under section 98(1) of the Civil Aviation Act 1988. This authority extends to imposing conditions necessary for safety as per subregulation 308(3). The policy objective is to allow for operational flexibility while maintaining stringent safety standards. In this case, the exemption allows Surveillance Australia Pty Ltd to use a lower landing distance factor for DASH 8 aircraft at Lord Howe Island, aligning with international standards, and to utilise the runway end safety area for take-offs, thereby enhancing safety without compromising operational requirements.
Scope and Application
The exemption under Regulation 308 relating to take-offs and landings by DASH 8 aircraft at Lord Howe Island, issued under the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, applies specifically to aircraft operated by Surveillance Australia Pty Ltd. This exemption permits the use of a lower factor for determining the landing distance required at Lord Howe Island, aligning it with international practice. Additionally, it allows for the use of the departure end Runway End Safety Area (RESA) for take-offs, which enhances safety by providing more runway length than would otherwise be available. The exemption also removes the requirement to consider temperature in determining the landing distance required, again in line with international standards. This legislative instrument, made by a delegate of the Civil Aviation Safety Authority (CASA), is subject to tabling and disallowance in Parliament and takes effect immediately upon registration. It expires at the end of February 2007, and consultation with stakeholders was not undertaken as the exemption was specifically requested by the entity it benefits.
Key Provisions
The key provision of this legislation, found in subregulation 308(3) of the Civil Aviation Regulations 1988 (CAR 1988), allows the Civil Aviation Safety Authority (CASA) to exempt aircraft, or persons involved with the operation of the aircraft, from certain specified provisions of the CAR 1988. This is provided that the exemption is made in the interests of safety and may include conditions that are necessary for safety. In this instance, the exemption allows Surveillance Australia Pty Ltd to use a lower factor for determining the landing distance required for DASH 8 aircraft at Lord Howe Island and also permits the use of the runway end safety area (RESA) for take-offs. These exemptions are designed to align with international standards and to enhance safety at the location.
The obligations and requirements imposed by this Act on Surveillance Australia Pty Ltd and CASA are primarily focused on safety. CASA must ensure that any exemption granted complies with safety standards and that any conditions imposed are necessary for maintaining safety. Surveillance Australia Pty Ltd must adhere to these conditions and ensure that the operations of the DASH 8 aircraft comply with the exemptions and any associated conditions. CASA's role includes monitoring compliance and ensuring that the safety of air navigation is not compromised.
Breach of the conditions set out in the exemption or non-compliance with the Civil Aviation Regulations 1988 can result in various civil and criminal consequences. Under the Civil Aviation Act 1988, CASA can impose penalties for breaches, which may include fines. The exact penalties depend on the nature and severity of the breach, but they can be significant. Additionally, any actions that endanger the safety of air navigation could lead to criminal charges, which may result in heavier penalties, including imprisonment. Surveillance Australia Pty Ltd must ensure that all operations are conducted in strict accordance with the terms of the exemption and the underlying regulations to avoid these consequences.