CASA EX05/12 – Exemption - from provisions in Part 172 of CASR 1998

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Legislation au F2012L00127 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — from provisions in Part 172 of CASR 1998

 

Legislation

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.

 

Air traffic service providers

Part 172 of the Civil Aviation Safety Regulations 1998 (CASR 1998) makes arrangements for CASA to approve air traffic service (ATS) providers. Under subregulation 172.022 (1), CASA may issue a Manual of Standards (MOS) for Part 172 specifying the standards an ATS provider must meet. Under paragraph 172.065 (1) (a), the provider must ensure that the ATS it provides is in accordance with the MOS.

 

Under subregulation 172.022 (1) of CASR 1998, CASA has issued Manual of Standards Part 172 — Air Traffic Services (MOS Part 172). Under paragraph 12.2.1.2 (a) of MOS Part 172, tracking instructions must be specified by an air traffic controller (a controller) when standard instrument departures (SIDS) have not been published.

 

Under paragraphs 12.2.4.1 (b) and (c) of MOS Part 172, a controller must not issue an air traffic clearance which authorises a pilot to descend in I.M.C. below the relevant lowest safe altitude (LSALT) in a manner different from that specified in certain procedures, in particular certain published procedures. The relevant published procedures are first, the procedures, plan and profile diagram of the instrument approach landing (IAL) charts published in AIP/FLIP Terminal and, secondly, the approved instrument approach procedures published in NOTAM.

 

Under subregulation 172.060 (1) of CASR 1998, an ATS provider must maintain an operations manual that complies with MOS Part 172.

 

Airservices Australia

Airservices Australia (AA) is an approved ATS provider subject to the requirements of Part 172 of CASR 1998 and MOS Part 172.

 

Under subregulation 178 (1) of the Civil Aviation Regulations (CAR 1988), the pilot in command of an aircraft must not fly along a route segment at a height lower than the published LSALT for that segment. However, paragraph 178 (4) (c) provides an exemption from these requirements if the flight is during a published authorised instrument approach procedure (IAP) or a published authorised instrument departure procedure (IDP) designed by a certified designer.

 

Under subregulation 179A (1) of CAR 1988, CASA may issue instructions in relation to Instrument Flight Rules (I.F.R.) flights specifying the method by which an aircraft is to be navigated when in I.F.R. flight.

 

Paragraphs 12.2.1.2 (a), 12.2.4.1 (b) and 12.2.4.1 (c) of MOS Part 172 impose obligations on AA and its controllers to give tracking instructions for certain departures, and to refrain from issuing certain air traffic clearances. These obligations reflect the requirement that in I.M.C. pilots must not descend below the published LSALT except in accordance with published procedures.

 

Schedule 1 to the exemption exempts AA and its controllers from these particular requirements, and from subregulation 172.060 (1) of CASR 1998, in relation to the unpublished RNAV (RNP‑AR) procedures.

 

Exemptions from CASR 1998

Under subregulation 11.160 (1) of CASR 1998, CASA may grant an exemption from compliance with a provision of CASR 1998. In deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety. Under subregulation 11.205 (1), CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.

 

The instrument

The instrument, therefore, relates to RNAV (RNP-AR) approaches and departures by RNP‑capable aeroplanes. It only applies to AA and its controllers. It exempts them from subregulation 172.060 (1) and paragraph 172.065 (1) (a) of CASR 1998 to the extent of the requirements in paragraphs 12.2.1.2 (a), 12.2.4.1 (b) and 12.2.4.1 (c) of MOS Part 172.

 

Legislative Instruments Act 2003 (the LIA)

Subsection 98 (5AA) of the Act states that an instrument issued under paragraph (5A) (a) is a legislative instrument if it applies to a class of persons or a class of aircraft. This exemption applies to a class of persons and so is a legislative instrument.

 

Human Rights Compatibility

This legislative instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.

 

Consultation

Consultation under section 17 of the LIA has not been undertaken. The instrument is a renewal of instrument CASA EX02/10 which ceases to have effect at the end of 31 January 2012. The instrument commences on 1 February 2012 and stops having effect at the end of 31 January 2014.

 

The exemption has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.

 

[Instrument number CASA EX05/12]

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) establish the framework for air traffic services (ATS) providers, including the issuance of a Manual of Standards (MOS) by the Civil Aviation Safety Authority (CASA) to specify the standards these providers must meet. A notable aspect of these regulations is the requirement for air traffic controllers to provide specific tracking instructions and to refrain from issuing clearances that deviate from published procedures in Instrument Meteorological Conditions (IMC). This regulation was enacted to ensure the safety of air navigation. The Civil Aviation Act 1988 empowers the Governor-General to create regulations for the Act, with a specific focus on maintaining an acceptable level of safety in air navigation. This legislative framework aims to provide clear guidelines and standards to ensure the safe and efficient operation of air traffic services, ultimately protecting the safety of all aircraft and passengers in Australian airspace.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) set out various requirements for air traffic service (ATS) providers, including Airservices Australia (AA), to ensure the safety of air navigation. Specifically, subregulation 172.060(1) of CASR 1998 mandates that ATS providers must maintain an operations manual compliant with the Manual of Standards Part 172 (MOS Part 172), which includes detailed instructions for air traffic controllers. Paragraphs 12.2.1.2(a), 12.2.4.1(b), and 12.2.4.1(c) of MOS Part 172 impose specific obligations on air traffic controllers to provide tracking instructions for certain departures and to avoid issuing certain air traffic clearances that could compromise safety. This exemption applies solely to AA and its controllers, exempting them from certain specified requirements under subregulation 172.060(1) and paragraph 172.065(1)(a) of CASR 1998 in relation to unpublished RNAV (RNP-AR) procedures. The exemption aims to balance operational flexibility with maintaining an acceptable level of safety, and it is in effect from 1 February 2012 to 31 January 2014.

Key Provisions

The key provisions of this instrument focus on granting exemptions to Airservices Australia (AA) and its air traffic controllers from certain requirements in the Civil Aviation Safety Regulations 1998 (CASR 1998). Specifically, the exemption, found in Schedule 1, excludes AA and its controllers from the obligations specified in paragraphs 12.2.1.2(a), 12.2.4.1(b), and 12.2.4.1(c) of the Manual of Standards Part 172 (MOS Part 172) (paragraphs 12.2.1.2(a), 12.2.4.1(b) and 12.2.4.1(c) of MOS Part 172), as well as from the requirement in subregulation 172.060(1) of CASR 1998 that an operations manual must comply with MOS Part 172 (subregulation 172.060(1) of CASR 1998). The exemption is narrowly tailored to RNAV (RNP-AR) approaches and departures by RNP-capable aeroplanes and is limited to AA and its controllers. AA and its controllers are subject to certain obligations under the exemption. They must ensure that the air traffic services provided adhere to the MOS Part 172, except for the specific provisions exempted. This means that while they must generally comply with the MOS Part 172, they are not required to adhere to the exempted provisions. Additionally, they must maintain an operations manual that aligns with MOS Part 172, excluding the exempted provisions. These obligations reflect a balance between maintaining safety standards and allowing flexibility in the use of advanced navigation procedures. There are no specific offences, penalties, or consequences outlined for breaching the exemption itself. However, any failure by AA or its controllers to comply with the non-exempted parts of MOS Part 172 or CASR 1998 could result in enforcement actions under the broader civil aviation regulatory framework. Such actions might include fines, revocation of operating approvals, or other administrative or judicial penalties. The overarching goal is to ensure that any exemptions do not compromise the safety of air navigation. This exemption is made under the authority of subsection 98(1) of the Civil Aviation Act 1988 (the Act), which allows the Governor-General to make regulations for the Act in the interests of safety. The exemption is also subject to the requirements of the Legislative Instruments Act 2003 (LIA), including the necessity to consider safety and the publication of the exemption on the Internet. The exemption, which is a renewal of CASA EX02/10, is effective from 1 February 2012 to 31 January 2014, and does not engage any human rights issues, thereby being compatible with human rights. Although consultation under section 17 of the LIA was not undertaken, the renewal process ensures that the exemption remains aligned with safety objectives.

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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.