Explanatory Statement
Civil Aviation Regulations 1988
Determination — meteorological minima for landing or taking-off at aerodrome
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Under subregulation 257 (1) of the Civil Aviation Regulations 1988, CASA may determine the meteorological minima, that is the visibility requirements for landing or take-off at an aerodrome.
Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Instrument
CASA 70/11 is an instrument, issued by CASA on 18 April 2011, that determines take-off and landing minima for aeroplanes and helicopters operating at aerodromes. CASA 70/11 was issued after the culmination of broad industry consultation for the creation of safe standards for low-visibility operations. The instrument includes 2 schedules, Schedule 1 of which is comprised of multiple parts relating to take-off minima for multi-engine I.F.R. aeroplanes (Part A), other I.F.R. aeroplanes (Part B), multi-engine I.F.R. helicopters (Part C), and other I.F.R. helicopters (Part D).
Among other things, clause 4 of Parts C and D of Schedule 1 of instrument CASA 70/11 specifies as a condition of Parts C and D, that “ … if a return to land at the departure aerodrome will be necessary in the event of engine failure, the meteorological conditions must be at or above instrument approach and landing minima … with the highest visibility and ceiling requirement …”. This requirement unintentionally invalidates the take-off minima specified in the preceding 3 paragraphs of those Parts. The consequence is that the intended take-off minima is superseded by the visibility and ceiling requirement being the highest value for the aerodrome’s instrument procedure, which increases I.F.R. take-off visibility from 550 m or 800 m to potentially 2 400 m, and the ceiling requirement of almost zero to potentially 1 500 feet.
CASA 270/14 is an instrument that repeals CASA 70/11 and reissues the determination with a revision to clause 3 of Part C and clause 4 of Part D. The amended paragraphs remove reference to the highest visibility and ceiling requirement and reflect similar conditions to those specified in clause 3 of Part A and clause 4 of Part B, being current industry practice.
Legislative Instruments Act
For paragraph 98 (5A) (a) of the Act, CASA may issue instruments, including determinations, in relation to matters affecting the safe navigation and operation, or maintenance, of aircraft. Under subsection 98 (5AA) of the Act, an instrument issued under paragraph 98 (5A) (a) is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The determination applies to classes of aircraft, being aeroplanes and helicopters operating under I.F.R. The determination is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).
Consultation
Consultation was undertaken for the previous iteration of this instrument, CASA 70/11, through CASA’s release of a Discussion Paper in August 2008 and the subsequent issue of a Notice of Proposed Rule Making in December 2009. CASA 270/14 amends Parts C and D to rectify an unintended consequence of the conditions, as well as aligning the conditions with current industry practice. The amendment provides relief for operators. CASA considers that no further consultation under section 17 of the LIA is appropriate or necessary.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
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 (OBPR id: 14507).
Making and commencement
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.
The instrument commences on the day of registration.
[Instrument number CASA 270/14]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Determination — meteorological minima for landing or taking-off at aerodrome
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
CASA 270/14 is an instrument that determines take-off and landing minima for aeroplanes and helicopters operating at aerodromes. The instrument repeals the previous iteration of the determination, CASA 70/11, and amends several conditions to align with current industry practice. The amendment also removes reference to the highest visibility and ceiling requirement, which would have been incompatible with other requirements in Parts C and D of Schedule 1 of the instrument.
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