Explanatory Statement
Civil Aviation Regulations 1988
Direction — parallel runway operations at Sydney (Kingsford Smith) Airport
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.
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.
Background
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.
Instrument
The direction requires that a pilot in command of an aircraft operating under an Australian Air Operator’s Certificate (AOC), or other 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.
A pilot in command of an aircraft operating under a foreign aircraft AOC, or other 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 AOC. CASA must receive and accept in writing a range of corroborative documentation from the foreign operator and the issuing authority.
A pilot in command, who has not successfully completed the required training, must report this fact to Air Traffic Control (ATC) so that alternative landing arrangements can be made. 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 applies prior to entering controlled airspace 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
The instrument replaces a previous direction (CASA 113/11) which expired at the end of 31 March 2013. The instrument was based on consultations in the late 1990s between CASA, the Bureau of Air Safety Investigation, Airservices Australia and the major domestic airlines.
The International Civil Aviation Organization has issued a Manual on Simultaneous Operations on Parallel or Near-Parallel Instrument Runways, which has been taken into account in preparing this instrument.
CASA has received requests from aircraft operators for the direction to be renewed.
CASA’s view is that no further consultation under section 17 of the LIA is necessary or appropriate.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required for Directions (OBPR id: 14507).
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of the Civil Aviation Safety Regulations 1998.
The instrument commences on the day of registration. It expires at the end of July 2016, as if it had been repealed by another instrument.
[Instrument number CASA 192/13]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Direction — parallel runway operations at Sydney (Kingsford Smith) Airport
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 specifies the training requirements to be met by pilots who conduct parallel runway operations at Sydney Airport. In the absence of completing those requirements, the pilot must notify Air Traffic Control prior to entering controlled airspace within 120 nautical miles of Sydney Airport.
The primary purpose of the legislative instrument is to ensure that pilots conducting parallel runway operations at Sydney Airport have received appropriate training in conducting those operations or notify Air Traffic Control so that alternative landing arrangements can be made.
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