Explanatory Statement
Civil Aviation Regulations 1988
Instructions — GLS approach procedures (Qantas)
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.) flights specifying the method by which an aircraft is to be navigated when in such flight. CASA has issued instructions for the navigation of certain I.F.R. landing approach flights at Kingsford Smith International Airport, Sydney (KSA) as follows.
Trial of GLS approaches using GBAS
Under subregulation 173.035 (4) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA is taken to be a certified designer of instrument approach procedures, including GLS approaches. GLS approaches are aircraft landing approaches in which appropriately equipped aircraft use the Global Navigation Satellite System, augmented by a local ground-based augmentation system (GBAS). The GBAS transmits navigation and GPS correction data to the aircraft.
CASA has delegated its design powers to Airservices Australia (AA). Under this delegation, AA designed new GLS approach procedures for KSA which used the Honeywell Beta+ GBAS facility installed at KSA (the KSA GBAS).
This facility has been replaced by a new facility known as the Honeywell GBAS SLS-4000 (known as the Honeywell SmartPath). This installation is fully ICAO-compliant. It has also been certified by the Federal Aviation Administration of the U.S.A in accordance with 14 CFR Part 171, Section 171.75 (a). AA has responsibility for the installation, maintenance and operation of the facility.
Instructions
The instrument applies only to GLS approaches at KSA. It instructs the pilot in command of an aircraft to use the KSA GBAS. The trial will be implemented in 3 phases with a progressive reduction of the minimum altitude and a third trial phase of at least 24 months. It instructs the pilot to use the GBAS only in accordance with the Qantas implementation of GLS approaches. The Qantas implementation is defined in the Qantas Stage 1 GLS implementation proposal mentioned in Schedule 2 to the instructions.
Conditions
The conditions of the trial require that GLS approaches may only be conducted by specially trained Qantas pilots in Airbus A380 and Boeing B737-800 aircraft. The aircraft must be equipped with approved and serviceable GLS receivers identified in the flight manual. A GLS approach must be in accordance with the relevant Qantas Flight Crew Operating Manual. Qantas must make regular incident reports to CASA. CASA must be immediately informed of any matter related to the safety of a GLS approach. GLS approaches must not be used for alternate aerodrome planning or in land and hold short operations.
Legislative Instruments Act
Subregulation 179A (3A) of CAR 1988 declares that instructions not in the form of a Civil Aviation Order are a disallowable instrument. 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 in legislation in force before the commencement of the LIA. The instructions are, therefore, a legislative instrument and are 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 is a replacement of instruments CASA 331/11 and 336/11. The replacement has been requested by Qantas to enable the development of the continuing trials of GLS approaches at KSA, using the same Airbus A380 and Boeing 737-800 aircraft.
Human Rights Compatibility Statement
This legislative instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.
Commencement and making
The instrument commences on 1 June 2012 and stops having effect at the end of 31 July 2014.
The instrument has been made by a delegate of CASA under subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA 156/12]