CASA EX01/09 - Exemption - for seaplanes

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Legislation au F2009L00105 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Exemption — for seaplanes

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in relation to the safety of air navigation.

Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may, among other things, exempt the pilot in command of an aircraft from compliance with specified provisions of CAR 1988. Under subregulation 308 (2), before CASA decides to give an exemption CASA must take into account all relevant considerations relating to the interests of safety. Subregulation 308 (3) provides that an exemption may be made subject to any conditions necessary in the interests of safety. Under these provisions, it is possible to relax certain aviation rules and provide conditional alternatives if it is safe to do so.

Under subregulation 92 (1) of CAR 1988, among other things, the pilot in command of an aircraft may only land on or take-off from (operate) a place that is an established aerodrome, or a place whose use as an aerodrome is authorised by CASA, or a place that is suitable for use as an aerodrome, and it is safe to operate at that place. Certain bodies of water are suitable and safe as aerodromes for seaplanes. These aerodromes are usually uncontrolled.

Under subregulation 166 (1) of CAR 1988, an aircraft is in the vicinity of an uncontrolled aerodrome if it is outside controlled airspace and within a horizontal distance of 10 miles of the aerodrome.

Under the following paragraphs of subregulation 166 (2) of CAR 1988, the pilot in command of an aircraft in the vicinity of an uncontrolled aerodrome must observe certain rules of behaviour, namely, (a) maintain a look-out, (b) not cause a danger to other aircraft, (c) conform with or avoid the circuit pattern, (d) join the circuit pattern at the appropriate point (if intending to land), (e) make all turns to the left (unless CASA or the aerodrome directs otherwise), (f) operate into the wind, (g) when landing, descend in a straight line starting at least 500 metres from the runway, and (h) after take-off, maintain the same track until the aircraft is 500 feet above the terrain (unless required to change to avoid terrain).

There are some circumstances in which strict adherence to the rules in paragraphs 166 (2) (e), (g) and (h) by the pilot in command of a seaplane may be inappropriate. For example, if, when landing, the pilot in command of a seaplane must descend in a straight line starting at least 500 metres from “the runway” (i.e. the water’s edge), or if, after take-off, the pilot must maintain the same track without turning until the aircraft is 500 feet above the terrain, a seaplane would only be able to operate on very large bodies of water. It would often be required to directly overfly houses along the foreshores. It could be required to fly over land at low height immediately after take-off rather than follow the water course until gaining a safe height. This could make a safe water landing impossible in the event of an engine failure. However, if still over water such a landing could be made in relative safety.

The instrument, therefore, exempts the pilot in command of a seaplane that is landing on, or taking-off from, water from paragraphs 166 (2) (e), (g) and (h) of CAR 1988. The exemption is subject to conditions. Except in an emergency, the pilot must comply with any directions given by air traffic control. The pilot may land or take off under the exemption only if he or she considers that, in the particular circumstances, it is safe not to comply with the requirements of paragraph 166 (2) (e), (g) or (h) of CAR 1988.

The instrument revokes, and replaces in similar terms, instrument CASA EX61/05, which would have expired at the end of January 2009.

Legislative Instruments Act

Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. Subregulation 308 (4) of CAR 1988 declares an exemption under regulation 308 to be a disallowable instrument. The exemption 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 not been undertaken in this case because of the highly specific nature and purpose of the instrument which is designed to replace an earlier instrument in very similar terms.

The exemption commences on the day after it is registered and stops having effect at the end of 31 January 2011.

The exemption has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.

[Instrument number CASA EX01/09]

Overview

The Civil Aviation Regulations 1988 were enacted to regulate civil aviation within Australia, ensuring safety and compliance with aviation standards. A particular gap addressed by these regulations is the need to adapt certain rules to suit the unique characteristics of seaplanes, which operate from water bodies rather than traditional aerodromes. The problem this legislation targets is the rigidity of certain rules, particularly those governing the behaviour of aircraft in the vicinity of uncontrolled aerodromes, which may not be suitable for seaplanes. The policy objective is to ensure that safety standards are maintained while allowing flexibility for seaplane operations, which are often conducted in uncontrolled environments such as large bodies of water. The regulations were enacted by the Civil Aviation Safety Authority (CASA) under the authority granted by the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, with the intent to provide exemptions that balance operational flexibility with safety.

Scope and Application

The Civil Aviation Regulations 1988, as amended by the legislative instrument F2009L00105, introduce a specific exemption for seaplanes in relation to certain operational rules outlined in the Civil Aviation Regulations. This exemption applies to pilots in command of seaplanes and allows them to deviate from specific provisions in the Civil Aviation Regulations 1988 when operating from water bodies that are deemed suitable as aerodromes. These provisions include the requirement to make all turns to the left, to descend in a straight line starting at least 500 metres from the water's edge when landing, and to maintain the same track until the aircraft is 500 feet above the terrain after take-off. This exemption is subject to conditions to ensure safety, such as compliance with air traffic control directions, except in emergencies, and only when the pilot deems it safe not to comply with the specified requirements. The exemption is applicable nationally within Australia, as it is issued under the authority of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, and it is subject to disallowance under the Legislative Instruments Act 2003. The exemption replaces a previous instrument that would have expired in January 2009, and it is effective from the day after registration until the end of January 2011.

Key Provisions

The primary sections of the Civil Aviation Regulations 1988 (CAR 1988) relevant to this exemption involve the authority of the Civil Aviation Safety Authority (CASA) to grant exemptions to the pilot in command of an aircraft from specified provisions (subregulation 308(1) of CAR 1988). This exemption is subject to conditions that must be deemed necessary for safety (subregulation 308(2) and (3) of CAR 1988). The exemption also requires consideration of safety when seaplanes land on or take off from water (subregulation 92(1) of CAR 1988), and the rules governing aircraft in the vicinity of uncontrolled aerodromes (subregulation 166(1) and (2) of CAR 1988). The exemption specifically addresses the challenges seaplanes face when adhering to certain landing and take-off rules, such as maintaining a straight descent and track, which can be impractical for water landings (subregulation 166(2)(e), (g) and (h) of CAR 1988). The obligations imposed on the parties governed by this Act include the necessity for CASA to consider all relevant safety considerations before granting an exemption (subregulation 308(2) of CAR 1988). The exemption allows for flexibility in seaplane operations, permitting deviations from certain regulations if the pilot deems it safe to do so (subregulation 308(3) of CAR 1988). Pilots must also comply with any directions from air traffic control, except in an emergency, and may only operate under the exemption if they consider it safe to do so (exemption conditions). Additionally, the exemption is subject to tabling and disallowance in the Parliament as a disallowable instrument under the Legislative Instruments Act 2003 (subparagraph 6(d)(i) of the LIA). Breaches of the conditions set forth in this exemption may result in various consequences. While specific penalties are not outlined in the text, violations of Civil Aviation Regulations 1988 can generally lead to both civil and criminal penalties. Civil penalties may include fines and other civil sanctions, while criminal penalties could include imprisonment, depending on the severity of the breach and the discretion of the court. The specific penalties would be determined in accordance with the relevant aviation laws and regulations.

Area of Law: Aviation Law
Instrument: Regulation
Concepts: Offence Provisions; Enforcement Powers; Exemptions & Exclusions

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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