EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS
DIRECTIONS RELATING TO THE FUELLING OF CERTAIN AIRCRAFT
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Under regulation 5 of the Civil Aviation Regulations (the Regulations), if CASA is empowered or required to issue any direction, instruction or notification or to give any permission, approval or authority, CASA may, subject to any contrary intention, issue the direction or notification or give the permission, approval or authority in Civil Aviation Orders (CAOs) or otherwise in writing. Under regulation 5A of the Regulations, if CASA has issued a CAO and CASA issues a later direction, instruction, notification, permission, approval or authority that is not a CAO and that in any way affects the operation of the CAO, the later document is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Direction under subregulation 38 (1)
Under regulation 38 of the Regulations, CASA may give directions relating to the maintenance of Australian aircraft for the purpose of the safety of air navigation. Section 20.9 of the CAOs (which deals with the precautions in refuelling, engine and ground radar operations) has been issued under regulation 38. Under paragraph 42 of section 20.9, an Australian aircraft with a seating capacity of 20 or more must not be fuelled while passengers are on board the aircraft unless, among other things:
(a) the fuel contains an anti-static additive; and
(b) the aircraft and the fuelling system are connected to an earth point.
In Australia all jet fuel contains an anti-static additive. However, at some overseas ports, fuel with the additive is not available and this places Australian operators at a commercial disadvantage as they cannot refuel while passengers are aboard their aircraft. Similarly, not all aircraft parking bays at all international airports are equipped with earth points and once again Australian operators are placed at a commercial disadvantage as they presently have to disembark all passengers before an aircraft parked at such a bay can be refuelled.
In order to overcome this disadvantage, a further direction has been issued which will permit certain Australian aircraft to refuel while passengers are on board the aircraft provided that, either, the fuel being loaded has an anti-static additive or the aircraft and fuelling equipment are connected to an earth point. All other relevant provisions of CAO 20.9 are still to apply to refuelling operations.
As this further direction affects the operation of CAO 20.9, it is a disallowable instrument under regulation 5A of the Regulations.
CASA does not consider that the further directions will adversely affect the safety of air navigation.
A copy of the direction, signed by a delegate of CASA, is attached.
The direction comes into effect on gazettal.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation within Australia, providing a comprehensive framework to ensure the safety and efficiency of air navigation. This legislation was introduced to address the need for a cohesive regulatory structure that could govern various aspects of civil aviation, including the maintenance, operation, and safety of aircraft. The Civil Aviation Act 1988 empowers the Governor-General to make regulations that facilitate the administration of these objectives. The Civil Aviation (Fuelling of Aircraft) Direction 2005, issued under the authority of the Act, aims to address the specific issue of refuelling Australian aircraft overseas where certain safety requirements might not be met due to local conditions. The policy objective of this direction is to ensure that Australian operators are not commercially disadvantaged when refuelling their aircraft at international ports that do not fully comply with Australian safety standards, while still maintaining the highest safety standards for air navigation.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Regulations and Civil Aviation Orders (CAOs), governs the maintenance and refuelling of Australian aircraft to ensure the safety of air navigation. Specifically, regulation 38 of the Civil Aviation Regulations empowers the Civil Aviation Safety Authority (CASA) to issue directions regarding the maintenance of Australian aircraft, which includes the refuelling procedures outlined in CAO 20.9. This regulation mandates that Australian aircraft with a seating capacity of 20 or more must not be fuelled while passengers are on board unless certain safety measures, such as the use of fuel with an anti-static additive and connection to an earth point, are in place. To address commercial disadvantages faced by Australian operators at overseas ports where such requirements may not be met, CASA has issued additional directions allowing certain aircraft to refuel while passengers remain on board, provided that either the fuel contains an anti-static additive or the aircraft and fuelling equipment are connected to an earth point. These directions, which come into effect upon gazettal, are considered disallowable instruments under the Acts Interpretation Act 1901 due to their impact on the existing CAO 20.9 provisions. CASA has determined that these directions do not compromise the safety of air navigation.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Regulations and specific Civil Aviation Orders (CAOs), mandates certain safety provisions for aircraft maintenance and refuelling operations in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations, which in turn allow the Civil Aviation Safety Authority (CASA) to issue directions, instructions, notifications, permissions, approvals, or authorities. Regulation 5 of the Civil Aviation Regulations specifies that CASA can issue such directives through Civil Aviation Orders (CAOs) or written documents, subject to any contrary intentions. Furthermore, regulation 5A of the Regulations states that if CASA issues a later direction or instruction that affects an existing CAO, the later document is a disallowable instrument.
Section 20.9 of CAO 20.9 outlines precautions for refuelling, engine, and ground radar operations, which includes a prohibition on refuelling Australian aircraft with a seating capacity of 20 or more while passengers are on board unless the fuel contains an anti-static additive and the aircraft and fuelling system are connected to an earth point. This rule is intended to ensure the safety of air navigation. However, this prohibition can place Australian operators at a commercial disadvantage when operating at overseas ports where fuel with anti-static additives is not available or where aircraft parking bays are not equipped with earth points. To mitigate this, a further direction has been issued under regulation 38 of the Regulations, allowing certain Australian aircraft to refuel while passengers are on board if either the fuel contains an anti-static additive or the aircraft and fuelling equipment are connected to an earth point.
The obligations imposed by this legislation require Australian operators to comply with the specified safety measures when refuelling aircraft, ensuring that all other relevant provisions of CAO 20.9 remain applicable. CASA has determined that these additional directions do not adversely affect the safety of air navigation. Any breach of these regulations or CAOs can result in severe civil or criminal consequences, depending on the nature and severity of the breach. Penalties for non-compliance can include fines and other sanctions as prescribed by the applicable laws. The specific maximum penalties are not detailed in the explanatory statement but would be outlined in the relevant legislation and regulatory documents.