CASA 278/14 - Direction — to conduct right-hand circuits off Runway 12 (Brisbane West Wellcamp)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2014L01646 Not in force Legislative Instrument

Legislation content

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

Overview

The Civil Aviation Regulations 1988, as amended, provide a framework for the regulation of civil aviation in Australia, with a focus on safety and efficiency. Enacted by the Australian Parliament, this Act and its associated regulations were introduced to address the need for comprehensive and standardised aviation safety measures across the country. One of the key provisions of the Act is the ability for the Civil Aviation Safety Authority (CASA) to issue directions to ensure air navigation safety, as seen in the case of the Direction to conduct right-hand circuits off Runway 12 at Brisbane West Wellcamp. This direction was issued under the authority of section 98 of the Civil Aviation Act 1988, and aims to mitigate potential aircraft traffic conflicts between Brisbane West Wellcamp Airport and Toowoomba aerodrome by requiring pilots to follow specific circuit patterns, thereby enhancing overall aviation safety.

Scope and Application

The Civil Aviation Regulations 1988, specifically Regulation 92(2) and Regulation 166A, provide the authority for the Civil Aviation Safety Authority (CASA) to issue safety directions relating to aerodromes and aircraft operations, including the requirement for pilots to conduct circuits in a specified manner. CASA 278/14, which was made under the Civil Aviation Act 1988, is a direction for all pilots in command of aircraft taking off from runway 12 at Brisbane West Wellcamp Airport to conduct a right-hand circuit instead of the standard left-hand circuit to avoid potential conflict with aircraft departing Toowoomba aerodrome. This direction applies specifically to pilots operating at this aerodrome and is intended to enhance aviation safety. The instrument is a legislative instrument and, as such, is subject to tabling and disallowance under the Legislative Instruments Act 2003. The instrument was made in consultation with the operators of both BWW Airport and Toowoomba aerodrome and is accompanied by a Statement of Compatibility with Human Rights, confirming that it does not engage any applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

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, and Regulation 92 of the Civil Aviation Regulations 1988 (CAR 1988) allows CASA to issue directions relating to the safety of air navigation. Specifically, Regulation 166A of CAR 1988 mandates that aircraft must follow specific turn patterns while flying in the circuit pattern for an aerodrome, either as per CASA’s directions, visual signals, or default to the left. The instrument CASA 278/14 requires that pilots taking off from runway 12 at Brisbane West Wellcamp Airport (BWW Airport) must conduct a right-hand circuit after take-off to avoid potential conflict with aircraft departing Toowoomba aerodrome, which continues to conduct left-hand circuits. This direction is intended to ensure safe air navigation and is published in the Aeronautical Information Publication En Route Supplement Australia. The obligations under this instrument fall on all pilots in command taking off from runway 12 at BWW Airport. They must follow a right-hand circuit instead of the standard left-hand circuit to avoid conflicting with aircraft on left-hand circuits from Toowoomba aerodrome. Furthermore, the aerodrome operator is obligated to publish details of this direction in the Aeronautical Information Publication En Route Supplement Australia, ensuring that all relevant pilots are informed of the required circuit pattern. These obligations are designed to enhance safety and prevent mid-air conflicts. Breach of this instrument can lead to significant safety risks, as it directly affects the air navigation and operational safety of aircraft in the vicinity. There are no specific offences outlined in the instrument, but the failure to comply with CASA directions can result in safety violations under the Civil Aviation Act 1988. Penalties for such violations may include fines or other enforcement actions deemed necessary by CASA. The exact penalties would depend on the severity of the breach and the discretion of the enforcing authority. This instrument, being a legislative one, is subject to parliamentary scrutiny and must be tabled and potentially disallowed under sections 38 and 42 of the Legislative Instruments Act 2003.

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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.