Explanatory Statement
Civil Aviation Regulations 1988
Direction — parallel runway operations at Sydney (Kingsford Smith) Airport
Legislation
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Under subregulation 99AA (5) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may, among other things, give directions about the use of a controlled aerodrome.
Parallel runway operations at Sydney (Kingsford Smith) Airport (KSA) (which is a controlled aerodrome), using the Precision Runway Monitor (PRM), allow for a significant increase in runway capacity in poor weather conditions. The PRM is very accurate and allows aircraft to fly side by side down the instrument approaches to the parallel runways separated by a no‑transgression zone of 2 000 feet. Special procedures apply when these operations are in progress and pilots are required to satisfactorily complete additional training for safety purposes.
The direction requires that pilots in command of Australian registered aircraft must complete ILS PRM approach procedures training either in a CASA approved flight simulator or synthetic trainer, or on a training course approved by CASA. The requirements of the course and examination are set out in the direction.
Pilots in command of foreign registered aircraft must complete ILS PRM approach procedures training either in the flight simulator or synthetic trainer that supports the foreign operator’s operations, or on a training course conducted by the training facility approved by the authority (the issuing authority) which issued the foreign operator’s Air Operator’s Certificate. CASA must receive and accept in writing a range of corroborative documentation from the foreign operator and the issuing authority.
Pilots in command who have not successfully completed the required training must report this fact to Air Traffic Control (ATC) so that alternative landing arrangements can be made. Previously, such reports were required prior to top of descent or when first making contact with ATC in controlled airspace within 100 nautical miles of KSA. To ensure that ATC has adequate time in which to assess the impact of non-participation in the parallel runway operations, the requirement to report to ATC has been extended to controlled airspace and aerodromes within 120 nautical miles of KSA.
Legislative Instruments Act
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. Under subregulation 99AA (6A) of CAR 1988, a direction under subregulation 99AA (5) that is not given by means of a Civil Aviation Order is a disallowable instrument for section 46A of the Acts Interpretation Act 1901. The direction 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
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument replaces a previous direction (CASA 218/04) which expires at the end of March 2009.
The instrument commences on 1 April 2009. It stops having effect at the end of 31 March 2011.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 142/09]