Explanatory Statement
Civil Aviation Safety Regulations 1998
Directions — Airservices Australia
Legislation
Subsection 9 (1) of the Civil Aviation Act 1988 (the Act) provides that CASA has the function of conducting the safety regulation, in accordance with the Act and the regulations, of civil air operations in Australian territory and of the operation of Australian aircraft outside Australian territory.
Section 98 of the Act empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Under subregulation 11.245 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may issue a direction about any matter affecting the safe navigation and operation, or maintenance, of aircraft.
Under subregulation 11.245 (2) of CASR 1998, a direction may only be issued if it is reasonably necessary for the safe navigation and operation, or maintenance, of aircraft, is not inconsistent with the Act and is for the purposes of CASA’s functions.
Under regulation 11.250 of CASR 1998, a direction may be in force for no longer than 1 year. A direction ceases to be in force on the day specified in it or, if no day is specified, 1 year after it commences.
Under subregulation 11.260 (2) of CASR 1998, the power to issue a direction under regulation 11.245 may only be exercised by the Director of CASA personally.
Under CASR 11.255, contravention of a direction is a strict liability offence.
Background
CASA recently undertook 2 reviews of General Aviation Aerodrome Procedures (GAAP) aerodromes. Taking into consideration the findings of those reviews, and in the interest of aviation safety, the directions have been issued.
Instrument of directions
Airservices Australia (Airservices) is directed to provide the Air Traffic Service (ATS) appropriate for Class D airspace at each of the aerodromes on or before, 21 April 2010. Airservices is also directed to provide, on or before 21 April 2010, ATS daily at all of the aerodromes for the hours of daylight, without any reduction in ATS currently provided during the hours of darkness.
On or before 21 August 2009, Airservices must give to CASA an implementation plan (the plan) outlining in detail how the provision of Class D ATS at the aerodromes will be implemented, and how daily ATS for the hours of daylight, without any reduction in ATS currently provided during the hours of darkness, will be implemented. Airservices must provide CASA with regular progress reports, at intervals acceptable to CASA, on the implementation of the plan.
As from 21 July 2009, an Air Traffic Controller (ATC), taking into account matters relating to safety, must respond to any request from pilots for clearance to enter, cross or taxi along any runway at any of the GAAP aerodromes.
As from 21 July 2009, Airservices must ensure that, at any given time, the maximum number of aeroplanes in the circuit (including arriving and departing aeroplanes) on 1 runway, controlled by an Air Traffic Controller (ATC), is 6. An additional departure may be permitted at the discretion of the controlling ATS having taken into account any relevant considerations relating to the interests of safety.
Gliders and aeroplanes towing gliders are excluded from the maximum number of aeroplanes in the circuit when the glider or the aeroplane towing the glider is using the glider launch and landing areas at Camden aerodrome.
Legislative Instruments Act 2003 (LIA)
Under subsection 98 (5A) of the Act, regulations may empower CASA to issue a direction in relation to the safe navigation and operation, or maintenance, of aircraft. Under subsection 98 (5B) of the Act, such a direction is a legislative instrument under the LIA. The direction is, therefore, a legislative instrument, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Regulation Impact Statement
The Office of Best Practice Regulation does not require a Regulation Impact Statement because a preliminary assessment of the Business Compliance Costs indicates that the amendment will have only a low impact on business.
Consultation
Consultation under section 17 of the LIA has not been carried out because the instrument is required as a matter of urgency in the interest of aviation safety. However, during the review GAAP stakeholders were consulted.
The directions have been made personally by the Director of Aviation Safety in accordance with subregulation 11.260 (2) of CASR 1998.
[Instrument number CASA 329/09]