CASA 270/14 - Determination — meteorological minima for landing or taking-off at aerodrome

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Legislation au F2014L01579 In force Legislative Instrument

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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 The consequence is that the intended take-off minima is superseded by the visibility and ceiling requirement being the highest value for the aerodrome’s instrument procedure, which increases I.F.R. take-off visibility from 550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

Overview

The Civil Aviation Regulations 1988 Determination, enacted by the Civil Aviation Safety Authority (CASA) through instrument CASA 270/14, addresses the need to correct unintended consequences in the meteorological minima for take-off and landing at aerodromes, specifically for Instrument Flight Rules (IFR) aeroplanes and helicopters. The 1988 Act empowers CASA to make regulations for air navigation safety, including determining meteorological minima. CASA 270/14 amends and repeals CASA 70/11, correcting clauses that unintentionally increased the required visibility and ceiling, and aligning the conditions with current industry practice to provide relief for operators. The determination is a legislative instrument subject to parliamentary scrutiny, and CASA considers that no further consultation is necessary as the changes were based on industry consultation for the initial instrument. The amendment ensures the safety standards for low-visibility operations are both clear and achievable.

Scope and Application

The Civil Aviation Regulations 1988 Determination — meteorological minima for landing or taking-off at aerodrome applies to aeroplanes and helicopters operating under instrument flight rules (IFR) at aerodromes within Australia. The determination is issued under the authority of the Civil Aviation Act 1988, which empowers the Civil Aviation Safety Authority (CASA) to make regulations for the safety of air navigation. This instrument, CASA 270/14, is a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. It was issued by CASA on 11 November 2014, repealing and replacing CASA 70/11, to correct an unintended consequence of the conditions and to align them with current industry practice. The instrument comprises two schedules, with Schedule 1 specifying take-off and landing minima for multi-engine and other IFR aeroplanes and helicopters. The determination applies nationally and is intended to ensure the safety of low-visibility operations at aerodromes. No further consultation was deemed necessary for this amendment as it primarily rectifies an issue identified in the previous iteration of the instrument.

Key Provisions

The Civil Aviation Regulations 1988, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to determine meteorological minima for aircraft operations, specifically the visibility and ceiling requirements for landing and taking off at aerodromes (section 257(1)). This regulation is intended to ensure the safety of air navigation. CASA 270/14 is a legislative instrument that amends the previous determination, CASA 70/11, to correct an unintended consequence and align the conditions with current industry practices. The instrument sets specific take-off and landing minima for different classes of aircraft, including multi-engine and other instrument flight rules (IFR) aeroplanes and helicopters. The amendments rectify a condition in the original instrument that inadvertently increased the required visibility and ceiling beyond what was intended, potentially to 2400 metres and 1500 feet, respectively. CASA 270/14 removes these excessive requirements and restores conditions similar to those in other parts of the instrument, reflecting industry standards. The obligations imposed by CASA 270/14 on parties and entities governed by the Civil Aviation Regulations 1988 include adhering to the specified meteorological minima for safe take-off and landing operations. Operators of aeroplanes and helicopters must ensure that their operations comply with the revised standards, particularly for low-visibility conditions. These standards are critical for maintaining safety during instrument flight rules operations, particularly in adverse weather conditions. Operators must also be aware of the specific requirements for their aircraft type, as the minima can vary between different classes of aircraft. Compliance with these regulations ensures that aircraft operations meet the necessary safety standards, reducing the risk of accidents due to low visibility or insufficient ceiling. In terms of consequences for non-compliance, CASA 270/14 does not explicitly outline specific penalties within the text. However, under the Civil Aviation Act 1988, violations of regulations can result in civil penalties. These penalties can include fines and, in severe cases, the suspension or revocation of an aircraft operator's certificate. Additionally, non-compliance with safety regulations can lead to criminal charges, particularly if the violation results in an accident or endangers the safety of an aircraft. The severity of the penalties would depend on the nature and impact of the non-compliance, with the potential for significant financial and operational repercussions for the offending party.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.