EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
EXEMPTION RELATING TO CERTAIN AERODROMES IN THE TORRES STRAIT AND CAPE YORK PENINSULA AREA — REGULATION 92A
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.
Regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988) provides that the Civil Aviation Safety Authority (CASA) may exempt an aircraft, or persons associated with the operation of an aircraft, from compliance with the provisions of CAR 1988. Such an exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Under regulation 92A of CAR 1988, an aircraft engaged in regular public transport (RPT) operations must not, among other things, take off or land at an aerodrome which is not a licensed aerodrome. An aerodrome cannot be licensed unless it meets strict criteria. Many of the remote aerodromes on the Torres Strait islands and on Cape York Peninsula do not meet these criteria. In the past charter operators have provided a passenger service to these remote localities. However, after recent surveillance of the operators by CASA, it became obvious that the charter operators were actually providing an RPT service and not engaging in mere charter operations. As the operator’s air operators’ certificates did not cover such operations, these operators have been required to cease RPT services. This has had social ramifications in view of the isolation of the communities involved.
To overcome these problems, CASA has amended section 82.3 of the Civil Aviation Orders (CAOs) to permit RPT operations at aerodromes (“special category aerodromes”) that meet a lesser criteria than that applicable to normal RTP operations. The list of “special category aerodromes” has been substantially increased by a recent amendment of section 82.3 of the CAOs. It has therefore been necessary to issue a revised instrument under regulation 308 of CAR 1988 to exempt RPT operations to these aerodromes from the provisions of regulation 92A. The attached instrument refers to the amended list which has been included in section 82.3 of the CAOs.
The exemption has been signed by the Director of Aviation Safety, on behalf of CASA, under section 84A of the Act. The exemption came into effect on gazettal.
[Exemption Number CASA 09/1999]
Overview
The Civil Aviation Act 1988 was enacted by the Australian Parliament to establish a comprehensive framework for the regulation of civil aviation within Australia. This Act was designed to address the need for a coordinated and efficient system to ensure the safety and efficiency of air navigation, alongside the broader governance of civil aviation operations. Section 98 of the Act empowers the Governor-General to create regulations pertaining to aviation safety, thereby delegating authority to the Civil Aviation Safety Authority (CASA) to implement and enforce these regulations. A significant issue the Act was introduced to address includes the regulation of regular public transport (RPT) operations and ensuring compliance with safety standards at aerodromes. To facilitate smoother operations and mitigate social impacts in remote areas, the Act allows for exemptions under certain conditions, as detailed in the Civil Aviation Regulations 1988. This approach ensures that while maintaining stringent safety standards, the Act also accommodates the unique challenges posed by remote aerodromes in regions such as the Torres Strait and Cape York Peninsula.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation and oversight of civil aviation in Australia, including the safety of air navigation, as well as the operation of aircraft. The Act empowers the Governor-General to make regulations for its purposes, with the Civil Aviation Safety Authority (CASA) being the primary regulatory body responsible for enforcing these regulations. The Act applies to all aircraft and associated operations within Australian airspace, including those conducted by both domestic and foreign entities, and covers a wide range of activities from commercial air transport to private flight operations. Exemptions from the Civil Aviation Regulations 1988 can be granted by CASA under specific circumstances, such as for certain aerodromes in remote regions, provided these exemptions do not compromise safety standards. Geographic and jurisdictional reach of the Act is national, extending to all parts of Australian territory, including the Torres Strait and Cape York Peninsula, as evidenced by the specific exemption relating to certain aerodromes in these areas. The exemption issued under Regulation 92A of the Civil Aviation Regulations 1988 allows for Regular Public Transport (RPT) operations at aerodromes that do not meet the full licensing criteria, facilitating continued essential services to isolated communities while maintaining safety standards.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) have been amended through the addition of regulation 92A, which allows for the exemption of certain aircraft and persons associated with them from compliance with specific provisions of CAR 1988. This exemption is necessary to accommodate Regular Public Transport (RPT) operations at aerodromes in the Torres Strait and Cape York Peninsula area that do not meet the stringent criteria for being a licensed aerodrome (section 92A). These aerodromes are classified as "special category aerodromes" and must meet lesser criteria than those applicable to normal RPT operations as outlined in section 82.3 of the Civil Aviation Orders (CAOs). The Civil Aviation Safety Authority (CASA) has the authority to grant these exemptions under regulation 308 of CAR 1988, and the exemptions are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901.
Parties or entities governed by this regulation must comply with the requirements set forth in the Civil Aviation Orders (CAOs) and the Civil Aviation Regulations 1988, specifically ensuring that any RPT operations conducted at the "special category aerodromes" adhere to the amended criteria listed in section 82.3 of the CAOs. Aircraft operators must ensure that their Air Operator’s Certificates (AOCs) cover the operations they conduct at these aerodromes. CASA will monitor compliance through surveillance and other means to ensure that the safety standards are upheld despite the lesser criteria for these special category aerodromes.
Failure to comply with the provisions of CAR 1988 as outlined in the exemption may result in various consequences. While the specific offences, penalties, or consequences are not detailed in the explanatory statement, breaches of civil aviation regulations generally carry significant penalties. These can include fines, suspension or revocation of AOCs, and in severe cases, criminal charges. The maximum penalties for offences under the Civil Aviation Act 1988 can vary widely depending on the nature and severity of the breach, but they can include substantial financial penalties and imprisonment. Ensuring compliance with the exemption and the associated regulations is therefore crucial to avoid these adverse outcomes.