Explanatory Statement
Civil Aviation Act 1988
Instructions — GLS approach procedures
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.
Under subregulation 179A (1) of the Civil Aviation Regulations 1988 (CAR 1988), 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. CASA has issued instructions for the navigation of certain I.F.R. landing approach flights at Sydney Airport as follows.
Trial of GLS approaches using GBAS
Under subregulation 173.035 (4) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA is taken to be a certified designer of instrument approach procedures including GLS approaches. GLS approaches are aircraft landing approaches in which appropriately equipped aircraft use the Global Navigation Satellite System, augmented by a local ground based augmentation system (GBAS). The GBAS transmits navigation and GPS correction data to the aircraft.
CASA has delegated its design powers to Airservices Australia (AA) and under this delegation, AA designs new GLS approach procedures for Kingsford Smith Aerodrome, Sydney (KSA) which use the Honeywell Beta+ GBAS facility installed at KSA (the KSA GBAS).
The Boeing Company and the FAA have demonstrated to CASA’s satisfaction GLS operational capability using B737-800 aircraft and GBAS ground installations similar to that which will be used at KSA. Although the Honeywell Beta + installation at KSA is a more advanced version of the GBAS installations used in the demonstrations, it does not meet all of ICAO requirements. A fully ICAO-compliant GBAS is not yet available anywhere in the world, and the trial of the KSA GBAS, subject to safety conditions, will assist in the development of a fully ICAO-compliant GBAS.
In the interests of safety, therefore, CASA wishes the particular GLS approaches at KSA to undergo a suitable trial in association with the KSA GBAS. Qantas Airways Ltd (Qantas) has proposed such a trial. Qantas has taken delivery of a number of Boeing B737-800 aircraft that are equipped with certified GLS-capable receivers and the operator wishes to gain GLS operational experience, conduct crew training and demonstrate the capability of the GLS approaches.
Instructions
The instrument enables the trial to take place in controlled circumstances by issuing instructions on how an aircraft is to be navigated in I.F.R. flight for the purposes of a GLS approach using GBAS.
The instrument applies only to GLS approaches at KSA. It instructs the pilot in command of an aircraft to use the KSA GBAS. It instructs the pilot that he or she may only conduct a GLS approach below the lowest safe altitude on the relevant air traffic control chart if the ceiling is at least 3 000 feet and the flight crew has the runway threshold in sight. It instructs the pilot to use the GBAS only in accordance with the Qantas trial. It defines the Qantas trial as that which is documented in the specific Qantas proposal to CASA and which also complies with further conditions imposed by CASA for safety purposes.
Conditions
The conditions of the trial require that GLS approaches may only be conducted by specially trained Qantas pilots in Boeing 737-800 aircraft. The aircraft must be equipped with approved and serviceable GLS receivers identified in the flight manual. A GLS approach must be in accordance with the Qantas operations manual approved by CASA and as in force at the date of the instrument. CASA must be permitted to attend GLS approach simulator training and actual flights. Qantas must make regular incident reports to CASA. Qantas must also provide the flight crew and other relevant personnel with incident and feedback forms and encourage their uninhibited completion and submission for the reports to CASA. CASA must be immediately informed of any matter related to the safety of a GLS approach. GLS approaches must not be used for alternate aerodrome planning or in land and hold short operations.
Legislative Instruments Act
Subregulation 179A (3A) of CAR 1988 declares that instructions not in the form of a Civil Aviation Order 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 under section 17 of the LIA has not been undertaken in this case. The instrument has been requested by Qantas to enable a trial of GLS approaches at KSA in accordance with the Qantas proposal. A similar instrument would be issued to any other appropriate operator who wished to conduct a similar trial under the same conditions.
The instrument commences on the day after it is registered and stops having effect at the end of 31 October 2006.
The instrument has been made by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 435/05]
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of air navigation within Australia. This Act provides the legislative foundation for the regulation of civil aviation activities, including the issuance of instructions and regulations that govern Instrument Flight Rules (IFR) flights. The problem or gap it addresses includes the need for stringent safety measures and the regulation of air navigation procedures to prevent accidents and ensure the safe operation of aircraft within Australian airspace. The Act empowers the Civil Aviation Safety Authority (CASA) to issue instructions for IFR flights, including the navigation of aircraft during landing approach procedures. CASA has issued specific instructions for the trial of Ground-based Augmentation System (GBAS) approaches at Sydney Airport, allowing Qantas Airways Ltd to conduct a trial of these approaches using Boeing 737-800 aircraft equipped with certified GLS-capable receivers. The instructions mandate controlled circumstances for the trial to ensure safety, including altitude and visibility conditions and the involvement of specially trained pilots. The trial is overseen by CASA, which imposes several conditions to monitor safety and gather operational data to assist in the development of a fully ICAO-compliant GBAS. The instrument is a legislative instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in Parliament.
Scope and Application
The instrument issued by the Civil Aviation Safety Authority (CASA) under section 98 of the Civil Aviation Act 1988 pertains specifically to the trial of GNSS Local Area Augmentation System (GLS) approach procedures at Kingsford Smith Aerodrome (KSA) in Sydney using the Honeywell Beta+ GBAS facility. This instrument applies to GLS approaches conducted by Qantas Airways Ltd using their Boeing 737-800 aircraft, which must be equipped with certified GLS-capable receivers. The instrument outlines the method of navigation for these aircraft during I.F.R. flights and sets forth conditions to ensure the safety of the trial, including the requirement for specially trained pilots and adherence to Qantas' operations manual approved by CASA. The trial is subject to conditions such as maintaining a minimum ceiling of 3000 feet and visual contact with the runway threshold for descent below the lowest safe altitude. CASA retains the right to monitor training and actual flights, and Qantas must report any safety-related incidents to CASA immediately. The instrument also stipulates that GLS approaches cannot be used for alternate aerodrome planning or in land and hold short operations. This instrument is a legislative instrument under the Legislative Instruments Act 2003 and is subject to disallowance by Parliament, although consultation under the Act was not undertaken for this specific case. The instrument is effective from the day after its registration and ceases to have effect on 31 October 2006.
Key Provisions
The Civil Aviation Regulations 1988, under subregulation 179A(1), permit the Civil Aviation Safety Authority (CASA) to issue instructions for Instrument Flight Rules (IFR) flights, specifying the navigation method for aircraft during such flights. This regulatory framework allows for the detailed instructions necessary for the trial of Ground-Based Augmentation System (GBAS) approaches using the Global Navigation Satellite System (GLS) at Sydney Airport. This is particularly pertinent for GLS approaches at Kingsford Smith Aerodrome (KSA), Sydney, as outlined in subregulation 173.035(4) of the Civil Aviation Safety Regulations 1998 (CASR 1998), where CASA is recognised as a certified designer of instrument approach procedures including GLS approaches. The trial instructions, which have been issued under this authority, pertain specifically to Qantas Airways Ltd’s proposal to trial GLS approaches using the Honeywell Beta+ GBAS facility installed at KSA.
These instructions impose specific obligations on Qantas and the pilots involved in the trial. Qantas must ensure that only specially trained pilots in Boeing 737-800 aircraft, equipped with approved and serviceable GLS receivers, conduct the GLS approaches. The pilots must adhere to the Qantas operations manual approved by CASA and must only conduct a GLS approach below the lowest safe altitude on the relevant air traffic control chart if the ceiling is at least 3,000 feet and the flight crew has the runway threshold in sight. CASA must be permitted to attend GLS approach simulator training and actual flights, and Qantas must provide CASA with regular incident reports. Furthermore, any matter related to the safety of a GLS approach must be immediately reported to CASA, and GLS approaches must not be used for alternate aerodrome planning or in land and hold short operations.
Failure to comply with these instructions can result in significant consequences. Under the Legislative Instruments Act 2003, the instructions are considered a disallowable instrument and are subject to tabling and disallowance in the Parliament. While no consultation under section 17 of the LIA was undertaken in this case, the instrument remains a legislative instrument. The trial instructions are effective from the day after registration and cease to have effect by the end of 31 October 2006. This regulatory structure ensures that the trial is conducted in a controlled and safe manner, with all parties fully aware of their obligations and the potential repercussions of non-compliance.