Explanatory Statement
Civil Aviation Regulations 1988
Direction — to conduct right-hand circuits off Runway 12 (Brisbane West Wellcamp)
Legislation
Section 98 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.
Regulation 92 of the Civil Aviation Regulations 1988 (CAR 1988) prescribes various requirements for the use of aerodromes. Among other things, subregulation 92 (2) empowers CASA to, with regard to an aerodrome, issue directions relating to the safety of air navigation.
Regulation 166A of CAR 1988 prescribes general requirements for aircraft on the manoeuvring area or in the vicinity of a non-controlled aerodrome. Paragraph 166A (2) (e) requires that, if a pilot takes off from the aerodrome, the pilot must, after taking off, make all turns in accordance with subregulation 166A (3) while the aircraft is flying in the circuit pattern for the aerodrome. Subregulation 166A (3) requires that turns must be made in accordance with CASA’s directions, or in the absence of a CASA direction, in accordance with the visual signals or, in any other case, to the pilot’s left.
Instrument
Brisbane West Wellcamp Airport (BWW Airport) is a new uncontrolled aerodrome operating approximately 6 nautical miles west of Toowoomba aerodrome, Queensland. As part of CASA’s aerodrome certification assessment process, CASA identified significant potential for aircraft traffic conflict with aircraft departing Toowoomba aerodrome due to opposing take-off circuit directions. The risk treatment considered appropriate is to require that aircraft taking off from runway 12 at BWW Airport to conduct a right-hand circuit after take-off, while aircraft taking off from runway 24 at Toowoomba aerodrome will continue to conduct a left-hand circuit.
CASA 278/14 is a direction to a pilot in command of an aircraft operating on runway 12 to fly a right-hand circuit. An obligation is accordingly imposed on all pilots in command taking off from runway 12 to conduct a right-hand circuit instead of a standard left-hand circuit.
The instrument also directs the aerodrome operator to publish details of the instrument in the Aeronautical Information Publication En Route Supplement Australia.
Legislative Instruments Act 2003 (the LIA)
Under paragraph 98 (5A) (a) of the Act, CASA is empowered to issue instruments in relation to matters affecting the safe navigation and operation, or the maintenance, of aircraft. Under subsection 98 (5AA), an instrument issued under paragraph 98 (A) (a) is a legislative instrument if the instrument is expressed to apply in relation to a class of persons, a class of aircraft or a class of aeronautical product.
This instrument is expressed to apply to all pilots in command departing runway 12 at BWW Airport. Therefore, the instrument is a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
In consultation with the operators of BWW Airport and Toowoomba aerodrome, CASA has decided to issue this instrument in the interests of aviation safety to de-conflict aircraft circuit turns. It is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA.
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 direction has been made by a delegate of CASA relying on the power of delegation in subregulation 11.260 (1) of the Civil Aviation Safety Regulations 1998.
The direction commences on the day of registration.
[Instrument number CASA 278/14]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Direction — to conduct right-hand circuits off Runway 12 (Brisbane West Wellcamp)
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
This legislative instrument directs that a pilot in command of an aircraft operating on runway 12 at Brisbane West Wellcamp Airport conduct a right-hand circuit. The purpose of this instrument is to ensure that aircraft departing runway 12 avoid potential conflict with aircraft conducting left-hand circuits from Toowoomba aerodrome, located approximately 6 nautical miles to the east. The instrument also directs that the aerodrome operator publish details of the instrument in the Aeronautical Information Publication En Route Supplement Australia.
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