CASA 433/06 - Amendment of instrument CASA 19/06

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

Legislation au F2006L03697 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988, Civil Aviation Order 20.7.1B

Amendment of instrument CASA 19/06 — Instructions – RNAV (RNP-AR) approaches and departures

 

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.

 

Under subregulation 178 (1) of the Civil Aviation Regulations 1988 (CAR 1988), the pilot in command of an aircraft must not fly along a route segment at a height lower than the published lowest safe altitude (LSALT) for that segment. Under subregulation 178 (2), if there is no LSALT, the pilot must not fly lower than the LSALT calculated by a method determined by CASA.

 

However, paragraph 178 (4) (c) provides an exemption from these requirements if the flight is during a published authorised instrument approach procedure (IAP) or a published authorised instrument departure procedure (IDP) designed by a certified designer.

 

Under subregulation 179A (1), CASA may issue instructions in relation to Instrument Flight Rules (I.F.R.) flights specifying the method by which an aircraft is to be navigated when in such flight.

 

Legislative instrument CASA 19/06 was issued to enable a controlled, Australia-wide, trial by Qantas Airways Limited (Qantas) of certain Area Navigation (Required Navigation Performance‑Authorisation Required) instrument approach and departure procedures (RNAV (RNP-AR) IAP and IDP) designed by Naverus Inc (Naverus). These are sophisticated, computed assisted area navigation operations with particular performance requirements for which CASA authorisation is required. Qantas is the participant in this trial.

 

Instructions for trial operation

The instrument enables the trial to take place in controlled circumstances by issuing instructions under subregulation 179A (1) on how an aircraft is to be navigated in I.F.R. flight, in the course of the trial, when using RNAV (RNP-AR).

 

Approval

Subregulation 5 (1) of CAR 1988 provides that where CASA is authorised to issue directions, it may do so in the form of Civil Aviation Orders (CAOs).

 

Subregulation 235 (2) of CAR 1988 authorises CASA to issue directions setting out the manner of determining a maximum weight for an aircraft that its gross weight must not exceed at take-off or landing.

 

For aircraft of a maximum take-off weight exceeding 5 700 kg, CASA has issued such directions in the form of Civil Aviation Order 20.7.1B (CAO 20.7.1B).

 

Subsections 12 and 12A of CAO 20.7.1B provide for methods of meeting take-off obstacle clearance requirements in relation to take-off weight limitations by reference to the definition of the take-off area. Under subparagraph 12.1.1 (b) and paragraph 12A.5, the limitation of the take-off area is redefined for approved RNP operations, in RNP‑capable aeroplanes that are approved for area navigation (RNAV) using specified RNP containment values.

 

Therefore, to enable departures during the Qantas trial to continue to take advantage of these RNP-AR‑related obstacle clearance provisions, the instrument also contains, under the provisions of CAO 20.7.1B:

(a) an approval of Boeing 737-800 aeroplanes for area navigation (RNAV); and

(b) an approval of the trial as an approved RNP operation; and

(c) specification of the RNP containment appropriate for the RNP type selected in the operations.

 

Exemption from publishing procedures

Because what is proposed is a specialised trial only, and because of exemptions and conditions applying to its procedure design certificate, Naverus does not publish its IAP and IDP. To ensure that the trial is conducted in accordance with the requirements of the LSALT exemption provided by paragraph 178 (4) (c), it is necessary, by means of an exemption under subregulation 308 (1), to exclude the requirement to publish IAP and IDP.

 

Reason for amendment

The instrument applies to all RNAV (RNP-AR) approaches and departures in I.M.C. under the I.F.R. in Australia that are conducted in accordance with the “Qantas proposal accepted by CASA”. The original instrument defined Qantas proposal as the proposal contained in the document titled Qantas B737-800 RNP RNAV Implementation Australian Airports version 1.2 issued December 2005. That document did not include a reference to Brisbane aerodrome. As a result, the expansion of the trial to cover Brisbane has required that the definition be amended. The amendment removes the reference to a particular version of the document. The amended definition allows alteration of the document provided that it is done with the approval of CASA.

 

Legislative Instruments Act

Subregulation 179A (3A) of CAR 1988 declares that instructions not in the form of a CAO are a disallowable instrument. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument in legislation in force before the commencement of the LIA. The instructions are, therefore, a legislative instrument and are subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

Consultation under section 17 of the LIA has not been undertaken in this case. The CAO amendment will not substantially alter existing arrangements and is regarded as being of a minor or machinery nature.

 

The instrument commences on the day after it is registered. The original instrument as amended stops having effect at the end of 31 January 2008.

 

The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.

 

[Instrument number CASA 433/06]

Overview

The Civil Aviation Regulations 1988, amended by CASA 19/06 and Civil Aviation Order 20.7.1B, were enacted to facilitate a controlled trial of Area Navigation (Required Navigation Performance-Authorisation Required) instrument approach and departure procedures (RNAV (RNP-AR)) by Qantas Airways Limited. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act and the safety of air navigation, and under this authority, the Civil Aviation Regulations 1988 were established. This legislative instrument allows for the trial of sophisticated RNAV (RNP-AR) procedures designed by Naverus Inc, with specific instructions issued by the Civil Aviation Safety Authority (CASA) to ensure compliance with Instrument Flight Rules (I.F.R.) during the trial. The instrument also includes approvals for specific aircraft types and redefines take-off area limitations for RNP operations. The amendment to CASA 19/06 expands the trial to include Brisbane aerodrome and ensures the procedures are exempt from publication requirements, reflecting the specialised nature of the trial and the exemptions applying to its procedure design certificate. The instrument is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988, amended by CASA 19/06, applies specifically to the trial operation of RNAV (RNP-AR) approaches and departures conducted by Qantas Airways Limited using Boeing 737-800 aeroplanes in Australia. This legislation is pertinent to the pilot in command of an aircraft, the designated trial operator Qantas, and the authorised designer Naverus Inc. The geographic and jurisdictional reach of this regulation is Australia-wide, governed under the Civil Aviation Act 1988. This trial is exempt from the usual requirement to publish the instrument approach and departure procedures as per subregulation 308(1) of the Civil Aviation Regulations 1988 due to its specialised nature. The instrument also extends its application through subordinate instruments, specifically Civil Aviation Order 20.7.1B, which provides for the method of determining maximum weight limitations for aircraft and redefines the take-off area for RNP operations. The instrument is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, though consultation under section 17 of the LIA has not been undertaken as the amendment is considered minor.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) provide a framework for ensuring the safety of air navigation in Australia. 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. Specifically, subregulation 178(1) of CAR 1988 mandates that the pilot in command of an aircraft must not fly along a route segment at a height lower than the published lowest safe altitude (LSALT) for that segment. If no LSALT is published, subregulation 178(2) requires the pilot to adhere to the LSALT calculated by a method determined by CASA. However, paragraph 178(4)(c) exempts flights conducted during a published authorised instrument approach procedure (IAP) or instrument departure procedure (IDP) designed by a certified designer. Moreover, subregulation 179A(1) allows CASA to issue instructions regarding Instrument Flight Rules (I.F.R.) flights, specifying the method by which an aircraft is to be navigated. The obligations imposed by the Civil Aviation Regulations 1988 on parties involved in this trial are substantial. For Qantas Airways Limited, the primary obligation is to adhere to the specific instructions issued by CASA regarding the use of RNAV (RNP-AR) IAP and IDP during the trial. This includes ensuring that all pilots are properly trained and certified to operate under these advanced navigation procedures. CASA, on the other hand, must ensure that the trial is conducted in a manner that does not compromise safety. This involves rigorous oversight and monitoring of the trial operations, as well as providing clear and detailed instructions to Qantas. Furthermore, CASA must ensure that the trial complies with all relevant regulations, including those pertaining to the publication of IAP and IDP, which is exempted for this trial under subregulation 308(1). Breaches of the provisions set out in this legislation could result in serious consequences. Civil Aviation Regulations 1988 contain provisions that could lead to both civil and criminal penalties. For example, under subregulation 179A(3A) of CAR 1988, instructions not in the form of a Civil Aviation Order (CAO) are considered disallowable instruments. These instruments are subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. In terms of criminal penalties, violations of the safety regulations could lead to prosecutions under the Civil Aviation Act 1988, which may result in fines and imprisonment. Additionally, CASA may impose administrative penalties such as suspension or revocation of operational permits and licenses, further underscoring the gravity of non-compliance with these safety regulations.

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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.