EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
EXEMPTION OF SEAPLANES FROM PARAGRAPHS 166 (1) (d), (f) AND (g)
OF THE CIVIL AVIATION REGULATIONS 1988
Under regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt a category of aircraft, or persons in, on, or otherwise associated with the operation of, aircraft of the specified category from compliance with specified provisions of CAR 1988. Such an exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
In the absence of any licensed water aerodromes, aeroplanes taking off or landing on water are allowed (under paragraph 92 (1) (d) of CAR 1988) to operate from any suitable location.
The requirements of paragraphs 166 (1) (d), (f) and (g) of CAR 1988, under which pilots in command of aircraft are required to comply with certain requirements when taking off or landing, are considered inappropriate for such aeroplanes. If the aeroplane has to climb to 500 feet before turning after take‑off, or can turn only to the left, or has to fly a straight final approach for 500 metres, it will only be able to operate on very large bodies of water and, moreover, will be forced to fly over houses set along the foreshores of waterways. As a result, CASA exemption EX03/2003 was issued to floatplane operators so that they did not have to comply with those provisions.
This instrument replaces that exemption. It refers to seaplanes (as defined) instead of floatplanes. As with the previous exemption, it exempts the pilots in command from compliance with paragraphs 166 (1) (d), (f) and (g) and allows them to operate entirely over water during take-off and landing. This enhances safety by permitting a water landing to be made in the event of engine failure and also reduces noise over populated areas. In this instrument, noise avoidance is specifically referred to as a reason for non‑compliance as long as the safety of air navigation is not affected.
The exemption comes into effect on gazettal and was issued by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Civil Aviation Act 1988.
The exemption ceases to have effect at the end of January 2006.
[Exemption Number: CASA EX09/2003]
Overview
The Civil Aviation Act 1988, along with the Civil Aviation Regulations 1988 (CAR 1988), provides a framework for the regulation of civil aviation in Australia. Among these regulations, certain provisions were identified as inappropriate for seaplanes, particularly those concerning the operational requirements for taking off and landing. To address this issue, the Civil Aviation (Exemption of Seaplanes from Paragraphs 166(1)(d), (f) and (g) of the Civil Aviation Regulations 1988) Instrument 2003 was enacted. This legislative instrument, issued by the Civil Aviation Safety Authority (CASA) under the authority of the Civil Aviation Act 1988, aims to enhance safety and reduce noise over populated areas by exempting seaplane operations from specific regulatory requirements. The exemption allows seaplanes to operate entirely over water during take-off and landing, thus improving safety by enabling water landings in case of engine failure and minimising noise impact on nearby communities. This exemption was put into effect upon gazette and was scheduled to cease at the end of January 2006.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Regulations 1988, applies to various entities and persons involved in the operation of aircraft, including seaplanes, within the Australian jurisdiction. Specifically, the Act governs the activities of the Civil Aviation Safety Authority (CASA) which is tasked with ensuring the safety and regulation of civil aviation. The regulations pertain to seaplanes, defined as aircraft that can land and take off on water, and their operations, particularly in the context of exemptions from certain regulatory provisions. CASA has the authority to exempt a category of aircraft or persons associated with such aircraft from specified provisions of the Civil Aviation Regulations 1988, as per regulation 308. The exemption under discussion, CASA EX09/2003, allows seaplane pilots in command to forgo compliance with paragraphs 166(1)(d), (f) and (g) of the Civil Aviation Regulations 1988, which would otherwise require them to adhere to specific manoeuvres during take-off and landing that are deemed inappropriate for water operations. This exemption enhances safety and reduces noise over populated areas, provided that the safety of air navigation is not compromised. The exemption was issued by the Director of Aviation Safety on behalf of CASA and became effective upon gazette and is set to expire at the end of January 2006.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) have certain provisions that are deemed unsuitable for seaplanes, particularly when taking off and landing on water. Section 308 of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt certain aircraft or their operators from specified regulatory requirements. This authority is exercised through the issuance of exemption instruments, which are subject to disallowance under section 46A of the Acts Interpretation Act 1901. Exemption CASA EX09/2003 specifically addresses seaplanes by exempting them from certain operational requirements stipulated in paragraphs 166(1)(d), (f), and (g) of CAR 1988.
These exempted provisions mandate specific actions by pilots in command, such as climbing to 500 feet before turning after take-off, the direction of turn, and the length of the final approach. For seaplanes, these requirements are impractical and potentially unsafe, especially in the absence of licensed water aerodromes. By permitting seaplanes to operate from any suitable water location, the exemption aims to enhance safety and reduce noise pollution in populated areas. The exemption allows seaplanes to make water landings in case of engine failure, thereby increasing overall safety, and it also helps mitigate noise over populated waterfronts, provided that the safety of air navigation is not compromised.
In terms of obligations, seaplane operators and pilots in command must adhere to all other provisions of CAR 1988, except those specified in paragraphs 166(1)(d), (f), and (g). Operators must ensure that the exemption is complied with strictly within the scope of its provisions, and they must be aware that it expires at the end of January 2006. Any breach of the terms of this exemption could lead to serious consequences. Under section 46A of the Acts Interpretation Act 1901, any disallowance of the exemption by Parliament would render it void, and non-compliance with the exemption terms could be subject to penalties or enforcement actions by CASA. The specific penalties for non-compliance are not detailed in the text, but they could potentially include fines, suspension of operational licenses, or other regulatory sanctions as deemed appropriate by CASA.