Explanatory Statement
Civil Aviation Regulations 1988
Instructions — GNSS as primary means of navigation for NDB and VOR (overlay) approach — Qantas Airways Limited
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in relation to the safety of air navigation.
Under subregulation 179A (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may issue instructions in relation to Instrument Flight Rules (I.F.R.), specifying the method by which an aircraft is to be navigated and how a positive position fix is to be obtained.
Instructions
CASA issued instructions in Civil Aviation Order 20.91 (Instructions and directions for performance-based navigation) 2012 and instrument number CASA 356/12 directed to pilots in command of aircraft using a Global Navigation Satellite System (GNSS) and equipment in aircraft, and set out procedures to be followed when GNSS is used under different flight conditions.
The current GNSS rules allow the use of GNSS for primary means navigation under I.F.R. and Visual Flight Rules. In addition, modern RNP-capable aircraft have in their flight manual provisions that allow the flying on non-precision approaches using RNP capabilities of the aircraft without the specific approach aid being installed in the aircraft.
Instrument number CASA 64/12 contained instructions that allowed Qantas Airways Limited (Qantas) to reduce dependence on ground‑based systems. Subclause 3 (4) of Schedule 1 of that instrument allowed Qantas, for flight planning purposes, to retain NDB, VOR and DME in the ATC notification field of the flight plan regardless of the onboard equipment fitted and serviceable provided the conditions of that instrument were met. Airservices Australia has raised concerns about that subclause in relation to en route separation standards.
This instrument revokes and replaces instrument number CASA 64/12, with subclause 3 (4) of Schedule 1 removed. As a consequence of the removal of that subclause, subsequent subclauses have been renumbered.
Legislative Instruments Act
Under subregulation 179A (3A) of CAR 1988, an instruction that is not in the form of a Civil Aviation Order is a disallowable instrument for section 46A of the Acts Interpretation Act 1901. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. The instrument of instructions is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
This instrument has been requested by Airservices Australia and agreed to by Qantas. No further consultation under section 17 of the LIA has been undertaken.
Human Rights Compatibility
A Statement of Compatibility with Human Rights is at Attachment 1.
Commencement and delegation
This instrument commences on the day after registration and stops having effect at the end of 31 July 2014. The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA 14/13]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Instructions — GNSS as primary means of navigation for NDB and VOR (overlay) approach — Qantas Airways Limited
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Legislative Instrument revokes and replaces instrument number CASA 64/12, which contained instructions relating to the use of the Global Navigation Satellite System as the primary means of navigation for the conduct of non-precision approach procedures and allowed Qantas Airways Limited (Qantas) to reduce dependence on ground‑based systems.
The primary effect of the Legislative Instrument is to remove a provision of the instructions that allowed Qantas, for flight planning purposes, to retain NDB, VOR and DME in the ATC notification field of the flight plan regardless of the onboard equipment fitted and serviceable provided the conditions of the instrument were met.
The objectives of the Legislative Instrument include addressing concerns raised by Airservices Australia about that provision in relation to en route separation standards.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority