EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
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 purposes of the Act and in the interests of 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 1 April 2005 and 30 May 2005, 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 in February 2004.
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 captain. It may not occur in heavy rain or on standing water. An aircraft must not take-off if it has particular permissible unserviceability in the form of a minimum equipment list.
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 1 April 2005. It stops having effect at the end of 30 May 2005.
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.
[Exemption Number: CASA EX09/2005]
Overview
The Civil Aviation Act 1988 was enacted by the Australian Parliament to provide a regulatory framework for the safety and efficiency of civil aviation within Australia. The Act addresses the need for a cohesive and comprehensive legal structure governing aviation operations, with a primary focus on ensuring the safety of air navigation. Under the authority of this Act, the Civil Aviation Safety Authority (CASA) is empowered to make regulations and issue exemptions where necessary to maintain safety standards. This particular exemption, issued under the Civil Aviation Regulations 1988, allows Qantas operations at Auckland Aerodrome during a specific period of runway maintenance. The exemption aims to facilitate continued operations for Qantas while ensuring compliance with stringent safety conditions. These conditions include specific requirements for runway dimensions, wind direction, lighting, and the presence of reporting officers, among others. The exemption is subject to disallowance by the Parliament, reflecting the importance of legislative oversight in maintaining aviation safety standards.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) exemption for Qantas operations at Auckland Aerodrome, issued under Section 98 of the Civil Aviation Act 1988, allows Qantas Airways Ltd and its pilots to operate on the 05L/23R runway between 1 April 2005 and 30 May 2005, a period during which the main runway 05R/23L is under maintenance. This exemption applies specifically to Qantas as the operator and its pilots in relation to aircraft operations at Auckland Aerodrome during the specified maintenance period. The exemption is designed to maintain safety and operational continuity by allowing Qantas to conduct take-offs and landings on an alternate runway while adhering to stringent safety conditions. These conditions include compliance with the Qantas operations manual, adherence to New Zealand Civil Aviation Rules, and specific requirements for runway width, wind direction, and lighting equipment. The exemption is subject to disallowance in Parliament and is classified as a legislative instrument under the Legislative Instruments Act 2003. It comes into effect on 1 April 2005 and ceases on 30 May 2005, ensuring it is limited to the duration necessary for the runway maintenance works.
Key Provisions
The main sections of the Civil Aviation Regulations 1988 that are pertinent to this exemption include subregulation 308(1), which empowers the Civil Aviation Safety Authority (CASA) to issue exemptions from certain regulations, and subregulations 92A(1) to 92A(4A) that govern the conditions under which aircraft can land or take off at non-licensed aerodromes. Subregulation 92A(1) mandates that larger aircraft (those with a carrying capacity exceeding 30 seats or 3,400 kilograms) must not land or take off at a place that is not a licensed aerodrome, except under specific conditions outlined in subregulations 92A(2) to 92A(4A). These conditions include requirements for the aerodrome to meet certain physical and operational standards and for the aerodrome operator to notify the pilot or operator of any occurrences that may affect safety. Subregulation 308(3) further specifies that any exemption issued by CASA must include conditions necessary to ensure safety.
The obligations imposed by this exemption on Qantas and its pilots are stringent. They must adhere to the conditions outlined in the exemption, which include ensuring that the aerodrome meets the specified physical and operational requirements, such as the graded runway strip width reduction of not less than 122 metres for 265 metres. Additionally, the exemption mandates that operations on the 05L/23R runway may only proceed while runway 05R/23L is under repair. The pilots and the operator must strictly comply with the Qantas operations manual and any instructions or conditions issued under the Civil Aviation Act 1990 of New Zealand. For take-offs, additional conditions apply, such as the requirement that the captain must conduct the take-off, and it must not occur in heavy rain or on standing water, and the aircraft must not have any particular permissible unserviceability listed in the minimum equipment list.
Breaching the conditions of this exemption could lead to significant legal consequences. As the exemption is a disallowable instrument under the Legislative Instruments Act 2003, any breach could result in civil or criminal penalties. Although the specific penalties are not detailed in the exemption itself, breaches of civil aviation regulations generally can lead to fines, imprisonment, or both, depending on the severity and nature of the breach. The maximum penalties for contravening civil aviation regulations can be substantial, reflecting the critical importance of adhering to safety standards in aviation operations.
Given the specific nature of this exemption, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. However, consultation under section 17 of the LIA was not undertaken because the exemption is necessary for a specific operator, at a specific aerodrome, during a specific period. The exemption comes into effect on 1 April 2005 and ceases to have effect at the end of 30 May 2005. It has been issued by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, in accordance with subregulation 7(1) of the Civil Aviation Regulations 1988.