Explanatory Statement
Civil Aviation Regulations 1988
Determination of meteorological minima
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor‑General may make regulations for the Act and in the interests of the safety of air navigation.
The Civil Aviation Regulations 1988 (CAR 1988) are made under subsection 98 (1) of the Act. Subregulation 257 (1) of CAR 1988 allows the determination of meteorological minima for the landing or taking off of aircraft. Instrument CASA 146/08 was the determination. It set out the permitted minimum ceilings and visibilities for operations at an aerodrome to take place.
This determination revokes and replaces instrument CASA 146/08. The new instrument rewords the determination for greater clarity and sets out all the requirements in 3 Schedules. It also sets the minimum visibility for aircraft landing as 550 metres instead of 500 metres as was the case. It is considered that 550 metres should be the standard minimum for both take-off and landing visibility.
Legislative Instruments Act
This determination is a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).
Consultation
Consultation under section 17 of the LIA has taken place with the aviation industry. The new determination has been issued in place of an existing determination to standardise the existing minima and clarify their presentation.
The determination commences on the day after it is registered.
The instrument has been made by the Acting Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA 237/10]