CASA 581/05 — Revocation of determination - instrument approach and departure procedures - Revocation of approval - RNAV RNP trial at Queenstown, New Zealand

Overview

The Civil Aviation Act 1988, enacted by the Parliament of Australia, governs the regulation and safety of civil aviation in Australia. This legislation was introduced to address the need for comprehensive regulations to ensure the safety and efficiency of air navigation within Australian airspace. One of the key aspects of the Act is the ability for the Governor-General to make regulations concerning air navigation safety, as stipulated in section 98. The Act also includes provisions for the revocation of certain regulatory instruments, such as instrument CASA 166/05, which determined an instrument approach procedure (IAP) and an instrument departure procedure (IDP) for use in a trial conducted by Qantas Airways Ltd at Queenstown, New Zealand. The Civil Aviation (Safety of Air Navigation) Regulations 1988 further specify the requirements for flight altitudes, with exemptions for certain instrument procedures. The instrument CASA 166/05 has now been revoked based on the satisfactory completion of the trial, allowing RNAV (RNP) operations at Queenstown to proceed under routine conditions.

Scope and Application

The Civil Aviation Act 1988 applies to all aviation activities in Australia, including the regulation of air navigation safety, certification of aircraft and personnel, and the establishment of standards for the industry. In the context of the Civil Aviation Regulations 1988, subregulations 178(1) and 178(2) set forth the minimum flight altitudes that must be maintained unless exempted under paragraph 178(4)(c) for instrument approach and departure procedures. Instrument CASA 166/05, which was determined under subregulation 178(6)(b) and (c), specifically allowed Qantas Airways Ltd to conduct a trial using RNAV (RNP) technology for instrument approach and departure procedures at Queenstown, New Zealand, exempting them from the usual minimum flight altitude requirements. Following the successful trial and the data received by the Civil Aviation Safety Authority (CASA), CASA has decided to revoke instrument CASA 166/05, allowing RNAV (RNP) operations at Queenstown to proceed under routine conditions, subject to the aircraft's flight manual and compliance with New Zealand regulations. Additionally, a new instrument, CASA 582/05, has been created to ensure continued compliance with obstacle clearance requirements during these operations. The revocation of CASA 166/05 and the creation of CASA 582/05 are governed under the Legislative Instruments Act 2003, with the revocation being subject to tabling and disallowance in Parliament.

Key Provisions

The Civil Aviation Act 1988, particularly in conjunction with the Civil Aviation Regulations 1988 (CAR 1988), governs the safety and operation of air navigation in Australia. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, and under subregulation 178(1) of the CAR 1988, the pilot in command of an aircraft must adhere to the lowest safe altitude (LSALT) for a route segment, unless exempted by an instrument approach or departure procedure determined by the Civil Aviation Safety Authority (CASA). The exemption is specified in subregulation 178(4)(c), which allows flights during such procedures to bypass the LSALT requirements. This framework ensures that pilots can safely navigate in instrument meteorological conditions using advanced RNAV (RNP) technology, which significantly reduces the risk of controlled flight into terrain (CFIT) by providing precise navigation and obstacle avoidance. The obligations imposed by the Act and the CAR 1988 require pilots and aircraft operators to use approved instrument approach and departure procedures when operating under instrument flight rules (IFR). For the Queenstown RNAV (RNP) trial, this meant that Qantas Airways Ltd (Qantas) had to ensure that their specially trained pilots and Boeing 737-800 aircraft were equipped and operating according to the standards set by CASA. The use of RNAV (RNP) technology was crucial for maintaining safety, given the high terrain and limited navigation aids around Queenstown, New Zealand. CASA's role in approving these procedures and monitoring the trial's progress ensured that all operations adhered to safety standards, allowing for the safe transition to routine RNAV (RNP) operations at Queenstown. The revocation of instrument CASA 166/05 and the issuance of CASA 582/05 reflect the transition from a trial phase to routine operations, in compliance with the Civil Aviation Order 20.7.1B. This transition ensures that Qantas can continue to operate RNAV (RNP) flights to and from Queenstown while maintaining the required safety standards. The approval and specification in CASA 582/05 define the parameters for obstacle clearance during take-off, ensuring that departures continue to benefit from the enhanced safety provided by RNP-related obstacle clearance provisions. Under the Legislative Instruments Act 2003 (LIA), the revocation of the instrument CASA 166/05 is considered a legislative instrument and is subject to the Act's provisions, including tabling and disallowance in Parliament. Despite the requirement for consultation under section 17 of the LIA, this particular revocation did not necessitate consultation due to its specific nature and limited scope. The instrument's revocation and the issuance of CASA 582/05 were carried out by a delegate of CASA, in accordance with subregulation 7(1) of the CAR 1988, ensuring that the transition to routine operations was legally and procedurally sound. The revocation of CASA 166/05 and the introduction of CASA 582/05 reflect CASA's role in maintaining and enhancing aviation safety through regulatory oversight and adaptation to new technologies and operational practices.