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This facility has been replaced by a new facility known as the Honeywell GBAS SLS-4000 (known as the Honeywell SmartPath).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]
Overview
The Civil Aviation Regulations 1988, amended by the Instructions — GLS approach procedures (Qantas) instrument (F2012L01128), was introduced to facilitate the trial of GNSS Landing System (GLS) approaches at Kingsford Smith International Airport in Sydney. This initiative was designed to enhance the safety and efficiency of instrument flight rules (IFR) landings using advanced satellite navigation technology. The instrument was enacted by the Civil Aviation Safety Authority (CASA), which has the authority to issue such instructions under section 98 of the Civil Aviation Act 1988. The primary policy objective of this instrument is to trial new GLS approach procedures that leverage the Global Navigation Satellite System (GNSS), augmented by a ground-based augmentation system (GBAS), to provide precision navigation for aircraft during landing approaches. This trial is aimed at improving the safety and reliability of landing operations at one of Australia's busiest airports, while also contributing to the global standards of air navigation safety as set by the International Civil Aviation Organization (ICAO).
Scope and Application
The Civil Aviation Regulations 1988 Instructions — GLS approach procedures (Qantas) provide specific guidelines for the implementation of Ground-based Augmentation System (GBAS) approaches for Instrument Flight Rules (IFR) flights at Kingsford Smith International Airport, Sydney. These instructions apply to Qantas pilots operating Airbus A380 and Boeing B737-800 aircraft equipped with approved GLS receivers. Airservices Australia, as the certified designer of these instrument approach procedures, has designed the GLS approach procedures using the Honeywell SmartPath GBAS facility, which is fully compliant with ICAO standards and has been certified by the Federal Aviation Administration of the U.S.A. The instructions outline a trial phase for these GLS approaches, which is subject to specific conditions, including the requirement for Qantas to conduct regular incident reporting to the Civil Aviation Safety Authority (CASA) and to inform CASA immediately of any safety-related issues. The trial is limited to the specified aircraft and pilots, and GLS approaches cannot be used for alternate aerodrome planning or in land and hold short operations. The instructions, being a legislative instrument, are subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The instrument is effective from 1 June 2012 until 31 July 2014.
Key Provisions
The Civil Aviation Regulations 1988, as amended by CASA Instructions for GLS approach procedures at Kingsford Smith International Airport (KSA), outline specific guidelines for instrument flight rule (IFR) landing approaches at this Sydney airport (sections 179A(1) and 173.035(4)). These instructions require Qantas pilots, using Airbus A380 and Boeing B737-800 aircraft equipped with approved GLS receivers, to perform GLS approaches using the Honeywell SmartPath GBAS facility. Qantas pilots must be specially trained and the approaches must comply with the Qantas Flight Crew Operating Manual. The trial is conducted in three phases, with the minimum altitude progressively decreasing, and will last at least 24 months (section 179A(3A)).
The obligations imposed by the Act and the subsequent instructions include ensuring that GLS approaches are conducted only by specially trained Qantas pilots in Airbus A380 and Boeing B737-800 aircraft that are equipped with approved and serviceable GLS receivers as per the flight manual. Qantas must adhere to the Qantas Flight Crew Operating Manual for these approaches and must report any incidents to CASA. CASA, in turn, must be promptly informed of any safety-related issues arising from GLS approaches. Additionally, GLS approaches cannot be used for alternate aerodrome planning or in land and hold short operations.
Failure to comply with these regulations may result in civil and possibly criminal penalties, although specific penalties are not detailed in the provided text. However, under the Legislative Instruments Act 2003, the instructions are considered a legislative instrument and are subject to disallowance by Parliament. Given the safety-critical nature of the regulations, non-compliance could lead to severe consequences, including potential grounding of aircraft and legal action against the offending party.
The instructions are a legislative instrument and, as such, are subject to tabling and disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. These instructions replace previous instruments CASA 331/11 and 336/11 and have been made to facilitate ongoing trials of GLS approaches at KSA using the specified aircraft. Although consultation was not undertaken, the replacement was requested by Qantas. The instrument, which is compatible with human rights as it does not raise any human rights issues, commenced on 1 June 2012 and will cease to have effect at the end of 31 July 2014.