Explanatory Statement
Civil Aviation Regulations 1988
Approval — A380 and B737-800 aircraft GLS approach procedures (Qantas)
Legislation
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.
Under subregulation 179A (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may issue instructions in relation to Instrument Flight Rules flights specifying the method by which an aircraft is to be navigated when in such flight.
Under subsection 33 (3) of the Acts Interpretation Act 1901 (AIA), where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Civil Aviation Order (CAO) 40.2.1 sets out instrument rating requirements for flight crew. Paragraph 13A.1 of CAO 40.2.1 provides, among other things, that a member of a flight crew of an aircraft may conduct a Global Navigation Satellite System (GNSS) approach and landing procedure without holding an endorsement. Subparagraph 13A.2 (a) of CAO 40.2.1 provides, among other things, that the member of a flight crew may only conduct this procedure in an aircraft operated by an Air Operator’s Certificate (AOC) holder who has been issued with an approval by CASA to conduct the procedure. Sub-subparagraph 13A.2 (b) (i) further provides that the pilot of the aircraft conducting the procedure must also have received training and be certified by the operator as competent to conduct the procedure for the aircraft type and the aircraft’s flight management system in accordance with the AOC holder’s approved training syllabus.
Instrument
Under regulation 173.035 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may carry on design work on instrument approach procedures, including GLS approaches. GLS approaches are aircraft landing approaches in which appropriately equipped aircraft use the GNSS, augmented by a local ground-based augmentation system (GBAS). The GBAS transmits navigation and GPS correction data to the aircraft.
CASA delegated its design powers to Airservices Australia (AA). Under this delegation, AA designed GLS approach procedures for Kingsford Smith International Airport, Sydney (KSA).
Instrument CASA 156/12 was made under subregulation 179A (1) of CAR 1988. It allowed Qantas Airways Limited (Qantas) pilots to trial landings in A380 and B737-800 aircraft using a new certified Honeywell GBAS SLS-4000 “SmartPath” facility at KSA. The facility design was in accordance with International Civil Aviation Organization requirements and was certified by the Federal Aviation Administration of the United States.
CASA and AA have agreed that the trial phase for landings can be concluded and that Qantas be approved to conduct GNSS assisted landings using the facility at KSA. Instrument CASA 44/14, therefore, repeals instrument CASA 156/12 and allows a pilot of a Qantas A380 or B737-800 aircraft to use the facility, subject to conditions.
It is a condition that each pilot conducting the approach must be an approved pilot, being a pilot that is employed by Qantas and trained for the landing approach, as well as satisfying sub-subparagraph 13A.2 (b) (i) of CAO 40.2.1. It is also a condition that the approach be conducted in accordance with the Aeronautical Information Package Supplement and the approach chart issued by AA. Qantas must also immediately inform CASA of any issue that concerns the safety of a GLS approach.
Legislative Instruments Act
Instrument CASA 44/14 repeals CASA 156/12 which is an existing legislative instrument. Under subsection 33 (3) of the AIA, the power to repeal an instrument must be exercised in a like manner to the power to make the instrument being repealed. Instrument CASA 44/14 is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).
Consultation
CASA consulted AA and Qantas about the making of this instrument. 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 exemption has been made by a delegate of CASA relying on the power of delegation in subregulation 11.260 (1) of CASR 1998.
The instrument was made on 14 March 2014 and, under paragraph 12 (1) (d) of the LIA, takes effect the first moment of the day next following the day when it is registered.
[Instrument number CASA 44/14]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Approval — A380 and B737-800 aircraft GLS approach procedures (Qantas)
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
The legislative instrument approves a pilot of a Qantas A380 or B737-800 aircraft to use the certified Honeywell GBAS SLS-4000 “SmartPath” facility installed by Airservices Australia at Kingsford Smith International Airport, Sydney.
The legislative instrument also repeals instrument CASA 156/12 which applied to Qantas pilots during a trial phase of the facility and is no longer required.
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