CASA 266/14 - Repeal of instrument CASA 61/12 — minimum runway width for aeroplanes

Overview

The Civil Aviation Regulations 1988 were enacted to provide comprehensive regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation and operations. The Civil Aviation Amendment (Narrow Runways) Regulation 2014 was introduced to address the need for updated guidelines on minimum runway widths for aeroplanes, providing more flexibility and modernising existing regulations. This amendment was enacted by the Parliament of Australia and is intended to enhance safety standards and operational efficiency within the civil aviation sector. The Civil Aviation Safety Authority (CASA), as the regulatory body, was granted the power to issue instructions on minimum runway widths under the Civil Aviation Act 1988. The repeal of the previous instrument CASA 61/12 and its replacement with a new regulation, along with the corresponding exemption CASA EX126/12, aim to streamline regulations without affecting ongoing operations or safety. The process involved extensive consultation with industry stakeholders and compliance with legislative requirements, including the Legislative Instruments Act 2003 and the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Civil Aviation Regulations 1988, as amended, apply to all aviation operations within Australia, including both commercial and non-commercial flights, aircraft, and aviation personnel. The Civil Aviation Amendment (Narrow Runways) Regulation 2014, which introduced a new regulation 235A and repealed CASA 61/12, extends to the safety of air navigation as mandated by the Civil Aviation Act 1988. The regulation applies to aeroplanes engaged in particular operations, providing more flexibility in calculating minimum runway widths. This legislative instrument does not specify any exclusions or exemptions but ensures that aircraft previously operating under CASA 61/12 can continue their operations without interruption. The repeal of CASA 61/12 is effective from 13 November 2014, and its replacement by regulation 235A was the subject of extensive consultation with industry stakeholders, as detailed in Notice of Proposed Change 139/05. The Civil Aviation Safety Authority (CASA) considered the feedback received and made necessary amendments to the draft instrument, determining that further consultation was not required. The instrument was assessed by the Office of Best Practice Regulation, which concluded that the changes would have minor impacts and did not necessitate a Regulation Impact Statement. The repeal of CASA 61/12 has been issued by a delegate of CASA under regulation 11.260 of the Civil Aviation Safety Regulations 1998 and is compatible with human rights, as outlined in the Statement of Compatibility with Human Rights attached to the explanatory statement.

Key Provisions

The Civil Aviation Amendment (Narrow Runways) Regulation 2014 amends the Civil Aviation Regulations 1988 (CAR 1988) to introduce a new regulation 235A (subsection 98(1) of the Civil Aviation Act 1988) and repeal regulation 235A issued by the Civil Aviation Safety Authority (CASA) under subregulation 235A(1) of the CAR 1988. This new regulation is intended to provide more flexibility in determining the minimum runway width applicable to aeroplanes engaged in particular operations, replacing the previous CASA instructions on minimum runway widths that came into effect on 1 March 2012 (CASA 61/12). The new regulation 235A will come into effect on 13 November 2014, immediately following the repeal of CASA 61/12. The new regulation 235A imposes obligations on CASA to issue instructions specifying the minimum runway width applicable to an aeroplane or a type of aeroplane. This requirement is in line with subsection 33(3) of the Acts Interpretation Act 1901, which allows for the power to repeal, rescind, revoke, amend, or vary any legislative or administrative instrument. The Office of Best Practice Regulation assessed that the proposed replacement of regulation 235A will have minor impacts, and no further analysis in the form of a Regulation Impact Statement was required. The repeal of CASA 61/12 is a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. There are no specified offences, penalties, or civil/criminal consequences for breach of the Civil Aviation Amendment (Narrow Runways) Regulation 2014. However, the repeal of CASA 61/12 is intended to ensure that aircraft that previously operated in accordance with it or were exempted from its effect under CASA EX126/12 (which is also being repealed) may continue to do so without any disruption. CASA has considered all responses received in consultation with industry and made amendments to the draft instrument as necessary. A Statement of Compatibility with Human Rights is provided at Attachment 1, confirming that this legislative instrument is compatible with human rights as it does not raise any human rights issues.