Explanatory Statement
Civil Aviation Regulations 1988
Instructions — minimum runway width for aeroplanes
Legislation
Subsection 98 (1) 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 235A (1) of the Civil Aviation Regulations 1988, CASA may issue instructions specifying the minimum runway width applicable to an aeroplane or a type of aeroplane.
Instrument
Australia has adopted the International Civil Aviation Organization methodology of using a code system, known as the aerodrome reference code, to specify the standards for individual aerodrome facilities which are suitable for use by aeroplanes within a range of performances and sizes. This has been published in Manual of Standards Part 139 — Aerodromes. To ensure the safety of navigation, CASA has issued updated instructions to replace the existing instructions in CASA 407/98.
Legislative Instruments Act
Under paragraph 5 of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument if it is of a legislative character and was made in the exercise of a power delegated by the Parliament and determines the law or alters the content of the law. The instructions meet all the above requirements. The instrument is, therefore, a legislative instrument and it is 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 been undertaken with industry. The instrument updates a previous instrument, CASA 407/98, taking into consideration industry comments.
The instrument commences on the day after it is registered. It stops having effect at the end of November 2010.
The instructions have been issued by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 562/08]