Explanatory Statement
Civil Aviation Safety Regulations 1998
Directions — Airservices Australia
Legislation
Subsection 9 (1) of the Civil Aviation Act 1988 (the Act) provides that CASA has the function of conducting safety regulation of civil air operations in Australian territory and the operation of Australian aircraft outside Australian territory in accordance with the Act and the regulations.
Section 98 of the Act empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Under subregulation 11.245 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may issue a direction about any matter affecting the safe navigation and operation, or maintenance, of aircraft. Under subregulation 11.245 (2), a direction may only be issued if it is reasonably necessary for the safe navigation and operation, or maintenance, of aircraft, is not inconsistent with the Act and is for the purposes of CASA’s functions.
Under regulation 11.250 of CASR 1998, a direction may be in force for no longer than 1 year. A direction ceases to be in force on the day specified in it or, if no day is specified, 1 year after it commences.
Under subregulation 11.260 (2) of CASR 1998, the power to issue a direction under regulation 11.245 may only be exercised by the Director of CASA personally.
Under regulation 11.255 of CASR 1998, contravention of a direction is a strict liability offence.
Background
In July 2009, the Director of Aviation Safety issued a number of directions to Airservices Australia (Airservices) to implement a series of changes at General Aviation Aerodrome Procedures (GAAP) aerodromes to address the risks identified in operations at these aerodromes. In September 2009, a review team was established to undertake a re-evaluation of the measures imposed in July 2009. The instrument takes into consideration the recommendations of the review team.
Instrument of directions
The directions in the instrument maintain the current circuit cap of 6 aeroplanes with an additional departure at the discretion of an Air Traffic Controller (ATC). The cap is to be increased to 8 with effect from 18 January 2010 with arrival and departures to be managed by an ATC. Gliders and aeroplanes towing gliders are excluded from the maximum number of aeroplanes in the circuit when the glider or the aeroplane towing the glider is using the glider launch and landing areas at Camden aerodrome.
Legislative Instruments Act 2003 (the LIA)
Under subsection 98 (5A) of the Act, regulations may empower CASA to issue a direction in relation to the safe navigation and operation, or maintenance, of aircraft. Under subsection 98 (5B) of the Act, such a direction is a legislative instrument under the LIA. The direction is, therefore, a legislative instrument, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Regulation Impact Statement
This instrument is a remake of a previous instrument. When that instrument was done, the Office of Best Practice Regulation did not require a Regulation Impact Statement because a preliminary assessment of the Business Compliance Costs indicated that the instrument would have only a low impact on business.
Consultation
Consultation under section 17 of the LIA has been carried out through engagements with the various stakeholders at various workshops and industry consultations and education. The instrument also revokes CASA instrument 329/09 and remakes it with additional directions.
The directions have been made personally by the Director of Aviation Safety in accordance with subregulation 11.260 (2) of CASR 1998.
[Instrument number CASA 597/09]
Overview
The Civil Aviation Safety Regulations 1998 Directions — Airservices Australia (F2009L04725) were enacted in 2009 to address the safety risks identified in operations at General Aviation Aerodrome Procedures (GAAP) aerodromes. These regulations were introduced under the authority of the Civil Aviation Act 1988, which empowers the Civil Aviation Safety Authority (CASA) to conduct safety regulation of civil air operations. The specific problem these directions aimed to resolve was the need to implement safety measures at aerodromes where identified risks could potentially compromise the safe navigation and operation of aircraft. The instrument was enacted by the Australian Government, with the policy objective of ensuring the safety of air navigation, and it was subject to parliamentary disallowance under the Legislative Instruments Act 2003. Consultations were undertaken with stakeholders through workshops and industry consultations to gather input on the necessary measures.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR 1998), under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue directions concerning the safe navigation, operation, and maintenance of aircraft. This authority is exercised by the Director of CASA and applies specifically to Airservices Australia, as evidenced by the recent directions issued in 2009 to address identified risks at General Aviation Aerodrome Procedures (GAAP) aerodromes. The directions involve managing the circuit cap of aeroplanes, with an initial cap of 6 aeroplanes, which is to be increased to 8 from 18 January 2010, with all arrivals and departures managed by an Air Traffic Controller (ATC). Notably, gliders and aeroplanes towing gliders are excluded from the aeroplane circuit cap when using the glider launch and landing areas at Camden aerodrome. The directions, which can be in force for up to one year, are subject to the Legislative Instruments Act 2003, and are considered legislative instruments, requiring tabling and disallowance in Parliament. The instrument has been developed following consultations with stakeholders, and it replaces a previous instrument, CASA 329/09, with additional directions.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) contain key provisions that enable the Civil Aviation Safety Authority (CASA) to issue directions concerning the safe navigation and operation of aircraft. Under subregulation 11.245(1) of the CASR 1998, CASA has the authority to issue a direction on any matter affecting the safe navigation and operation, or maintenance, of aircraft. However, a direction may only be issued if it is reasonably necessary for the safe navigation and operation, or maintenance, of aircraft, is not inconsistent with the Act, and is for the purposes of CASA’s functions (subregulation 11.245(2)). A direction can be in force for no longer than 1 year, as per regulation 11.250 of the CASR 1998. The power to issue such a direction may only be exercised by the Director of CASA personally, as stated in subregulation 11.260(2) of the CASR 1998.
The obligations and requirements imposed by these directions are primarily focused on ensuring the safety of aircraft operations at General Aviation Aerodrome Procedures (GAAP) aerodromes. The directions maintain a circuit cap of 6 aeroplanes with an additional departure at the discretion of an Air Traffic Controller (ATC). This cap is set to increase to 8 aeroplanes, with all arrivals and departures managed by an ATC, effective from 18 January 2010. Gliders and aeroplanes towing gliders are excluded from the maximum number of aeroplanes in the circuit when using the glider launch and landing areas at Camden aerodrome. These requirements are intended to manage air traffic and mitigate risks identified in operations at these aerodromes.
Breaching a direction issued under the CASR 1998 is a strict liability offence under regulation 11.255 of the CASR 1998. This means that individuals or entities found in contravention of a direction are liable to penalties, irrespective of intent or negligence. The maximum penalties for such offences are not specified in the provided text, but they would typically include fines and potentially other sanctions as determined by the courts. The directions are legislative instruments under the Legislative Instruments Act 2003 (LIA) and are subject to tabling and disallowance in Parliament, ensuring that they are subject to parliamentary oversight and scrutiny.