CASA EX08/06 - Exemption - Qantas operations at Auckland aerodrome

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2006L00637 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Exemption — Qantas operations at Auckland aerodrome

 

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.

 

Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of the aircraft, from compliance with specified provisions of CAR 1988. Before issuing an exemption, CASA must take into account all considerations relating to the interests of safety. Under subregulation 308 (3), an exemption is subject to the person complying with any conditions which CASA specifies as necessary in the interests of safety.

 

Subregulation 92A (1) of CAR 1988 provides that the pilot in command of an aircraft engaged in a regular public transport (RPT) operation and with a carrying capacity that exceeds 30 seats or 3 400 kilograms (larger aircraft) must not land or take off at a place that is not a licensed aerodrome.

 

Subregulation 92A (2) of CAR 1988 provides that subregulation (1) does not apply if the aircraft lands or takes off in accordance with subregulation (4) and the aerodrome is a military aerodrome, an aerodrome outside Australian territory or an alternate aerodrome (i.e. an aerodrome used because the intended destination is unavailable).

 

Subregulation 92A (3) of CAR 1988 requires that, except in an emergency, an aircraft engaged in an RPT operation and with a carrying capacity that is equal to, or less than, 30 seats or 3 400 kilograms (smaller aircraft) must not land or take off at a place that is not a licensed aerodrome, except in accordance with subregulation (4) or (4A).

 

Subregulations 92A (4) and (4A) place obligations on the pilot in command and the operator, respectively, if they are to carry out or permit a landing at an aerodrome that is not a licensed aerodrome. For example, the aerodrome must meet the requirements specified in subregulation 92A (5). These concern physical characteristics, markings, wind direction and lighting equipment, and the presence of reporting officers. Also, the aerodrome operator must have arrangements in place to notify the operator or pilot in command of occurrences specified in subregulation 139.155 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998). These concern physical changes to the aerodrome, its operation or maintenance that may affect safety.

 

Between 25 March 2006 and 31 May 2006, inclusive, main runway 05R/23L at Auckland aerodrome will be undergoing maintenance. Operations on 05L/23R (normally a taxiway) would contravene the requirements set out above because of the nature of that strip. Qantas Airways Ltd (Qantas) has requested an exemption, for itself as operator and for its pilots, to allow operations on 05L/23R. A similar exemption was issued for the same reason in March 2005.

 

The exemption is subject to various safety conditions in relation to physical characteristics, wind direction and lighting equipment, and reporting officers. For take-offs and landings on 05L/23R, the graded runway strip width reduction must be not less than 122 metres for a limited distance of 265 metres. Take-offs and landings may only proceed while runway 05R/23L is under repair. Pilots and the operator must comply with the Qantas operations manual and any instructions or conditions issued under the Civil Aviation Act 1990 of New Zealand in relation to a take-off or landing on the runway. Reference to the standards applicable under the Civil Aviation Rules of New Zealand is necessary because the New Zealand standards are not in all cases identical to those applicable under Part 139 of CASR 1998.

 

For safety reasons, additional conditions apply to take-offs. A take-off on 23R must be conducted by the pilot in command. It may not occur in heavy rain or on standing water. An aircraft must not take off if it has particular items of permissible unserviceability in the form of a minimum equipment list.

 

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 to be a disallowable instrument. This exemption is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. Consultation under section 17 of the LIA has not been undertaken because the instrument is necessary for a specific operator, at a specific aerodrome, during a specific period.

 

The instrument comes into effect (after it is registered on the Federal Register of Legislative Instruments) on 25 March 2006. It stops having effect at the end of 31 May 2006.

 

The exemption has been made by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.

 

[Instrument number CASA EX08/06]

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide comprehensive regulations for the safety of air navigation in Australia, empowering the Civil Aviation Safety Authority (CASA) to issue regulations under the Civil Aviation Act 1988. This Act addresses the need for stringent safety standards and operational protocols within the aviation industry to prevent accidents and ensure the safety of passengers and crew. In this context, the CAR 1988 allows CASA to exempt specific operations from certain regulatory requirements if safety can be adequately maintained, as outlined in the regulations. The exemption for Qantas operations at Auckland aerodrome, issued in response to a request by Qantas Airways Ltd, was introduced to allow for necessary operations during a period of runway maintenance at the aerodrome, while still ensuring compliance with safety standards. The exemption was issued under the authority of the Deputy Chief Executive and Chief Operating Officer of CASA, a delegate of the regulatory body, and is subject to specific safety conditions that mirror the requirements of both Australian and New Zealand aviation regulations. This legislative instrument is subject to disallowance by the Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) provide for the safety of air navigation and allow the Civil Aviation Safety Authority (CASA) to issue exemptions from compliance with specified provisions of the regulations. Under Section 98 of the Civil Aviation Act 1988, the Governor-General has the power to make regulations for the Act and the safety of air navigation. Subregulation 308(1) of CAR 1988 empowers CASA to exempt aircraft, or persons in, on, or otherwise associated with the operation of the aircraft, from compliance with specified provisions of CAR 1988, subject to compliance with any conditions CASA specifies as necessary in the interests of safety. This particular exemption applies to Qantas Airways Ltd and its pilots, allowing them to operate on a specific runway at Auckland aerodrome during a period of maintenance on the main runway. The exemption is subject to various safety conditions and is in effect from 25 March 2006 until 31 May 2006. The exemption is a disallowable instrument under the Legislative Instruments Act 2003 and must be tabled and disallowed in the Parliament if necessary.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) provide a framework for the regulation of civil aviation in Australia, including provisions for exemptions from certain regulatory requirements. Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General can make regulations for the Act and the safety of air navigation. Subregulation 308(1) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt aircraft or persons associated with the operation of an aircraft from compliance with specified provisions of CAR 1988, provided that CASA takes into account all considerations relating to the interests of safety. An exemption is subject to conditions CASA specifies as necessary in the interests of safety under subregulation 308(3). This exemption, specifically for Qantas operations at Auckland aerodrome, is subject to conditions that must be met to ensure safety during the maintenance of the main runway. The exemption issued under subregulation 308(1) of CAR 1988 allows Qantas to operate on the 05L/23R runway at Auckland aerodrome from 25 March 2006 to 31 May 2006. This exemption is necessary because the main runway 05R/23L will be under maintenance during this period, and operations on the 05L/23R would otherwise contravene the requirements set out in subregulation 92A(1) and (3) of CAR 1988. To ensure safety, the exemption imposes various conditions on Qantas and its pilots. For instance, the graded runway strip width reduction must be no less than 122 metres for a limited distance of 265 metres. Additionally, take-offs on 23R must be conducted by the pilot in command and may not occur in heavy rain or on standing water. The exemption also requires compliance with the Qantas operations manual and any instructions or conditions issued under the Civil Aviation Act 1990 of New Zealand. Breach of the conditions specified in the exemption could result in serious safety issues. The exemption is a legislative instrument under subparagraph 6(d)(i) of the Legislative Instruments Act 2003 (LIA). As such, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. Failure to comply with the conditions of the exemption could result in civil or criminal consequences, although specific penalties are not detailed in the text. The exemption comes into effect on 25 March 2006 and ceases to have effect at the end of 31 May 2006. The exemption has been issued by the Deputy Chief Executive and Chief Operating Officer of CASA, who is a delegate of CASA, in accordance with subregulation 7(1) of CAR 1988.

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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.