CASA EX103/13 - Exemption – from standard take-off and landing minima – Nippon Cargo Airlines Co. Ltd

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

Legislation au F2013L01771 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption  from standard take-off and landing minima  Nippon Cargo Airlines Co. Ltd

 

Legislation

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 257 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may determine the meteorological minima, that is the visibility requirements for landing or takeoff at an aerodrome. Under subregulation 257 (2), the determination must be published in AIP or NOTAMS. Under subregulations 257 (3) and (4), it is an offence for an aircraft to take-off or land if an element of the meteorological minima for that operation is less than that determined for the aircraft at the aerodrome.

 

The determination of standard meteorological minima for take-off and landing was made in instrument CASA 70/11. The minima are also set out in AIP En Route 1.5, section 4. If conditions are met, the minimum visibility for take-off inside or outside Australian territory is 550 metres. If conditions are met, the minimum visibility for landing inside or outside Australian territory is 800 metres, or 550 metres runway visual range. An exemption would be required to operate with lower minimum visibility (low visibility operations or LVO).

 

Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations, including CAR 1988, or a provision of the Civil Aviation Orders (the CAOs), in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 

Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it or, if no day is specified, 3 years after commencement.

 

The exemption has been issued for Nippon Cargo Airlines Co. Ltd (Nippon Cargo) of Minato-Ku, Tokyo, Japan for the conduct of LVO in Australia. The exemption states the minima for the aircraft, as well as the conditions for their use.

 

In essence, Nippon Cargo must ensure that specified visibility standards are met for takeoffs and landings. These may be performed only at aerodromes properly equipped to support the LVO conducted under the exemption.

 

Legislative Instruments Act

For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the Regulations or the CAOs. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The exemption applies to a class of aircraft employed by the operator. The exemption is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).

 

Consultation

Consultation under section 17 of the LIA has not been undertaken with the aviation industry as a whole in this case. The exemption applies to a single operator. The exemption was approved taking into account the operations specifications issued to Nippon Cargo by the Civil Aviation Bureau of Japan, which permits low visibility operations using the aircraft to the minima specified in the exemption.

 

The exemption has been granted subject to the pilot in command complying with the limitations specified in Schedule 2 in relation to the conduct of low visibility operations. The aircraft must have and use the specified equipment for low visibility landings in the different categories. The runway lighting and markings must also meet the specified minimum standards.

 

A similar exemption would be granted to any airline that could satisfy equivalent conditions.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Making and commencement

The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.

 

The instrument commences on the day of registration and expires at the end of
30 September 2016, as if it had been repealed by another instrument.

 

[Instrument number CASA EX103/13]

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Exemption – from standard take-off and landing minima Nippon Cargo Airlines Co. Ltd

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

The legislative instrument permits the operator to use minima lower than the standard takeoff and landing minima determined by CASA. The exemption is subject to conditions directed by CASA in the interest of safety.

The primary purpose of the legislative instrument is to allow pilots in command flying for the named operator to land and take-off using reduced visibility minima specified in the exemption. Use of the minima is subject to compliance with the stated conditions.

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998, amended by F2013L01771, address the specific operational needs of Nippon Cargo Airlines Co. Ltd in conducting low visibility operations (LVO) in Australia. Enacted by the Civil Aviation Safety Authority (CASA) under the authority of the Civil Aviation Act 1988, this exemption allows Nippon Cargo to operate with reduced visibility minima for take-offs and landings, provided certain conditions are met to ensure safety. The exemption is subject to CASA-imposed conditions and must be published online, aligning with broader aviation safety regulations and international standards. This legislative instrument aims to facilitate safer aviation operations by allowing the specified airline to use lower visibility minima, provided they adhere to the stringent conditions set by CASA.

Scope and Application

The Civil Aviation Safety Regulations 1998 grant the Civil Aviation Safety Authority (CASA) the authority to determine meteorological minima for aircraft take-offs and landings, which are published in the Aeronautical Information Publication or Notices to Airmen. Under these regulations, operating an aircraft below these minima is an offence unless an exemption is granted. The exemption under review pertains to Nippon Cargo Airlines Co. Ltd, allowing them to perform low visibility operations (LVO) in Australia with specified minima. This exemption is applicable to the aircraft types and operations outlined in the exemption, ensuring compliance with safety standards. The exemption is subject to CASA-imposed conditions and must be published on the internet, with its effects lasting up to three years from commencement unless otherwise specified. The exemption has been issued based on Nippon Cargo's operations specifications from the Civil Aviation Bureau of Japan and is compatible with human rights as it does not engage any rights or freedoms as declared in relevant international instruments.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) contain provisions that allow the Civil Aviation Safety Authority (CASA) to grant exemptions to specific aviation operators from standard meteorological minima for take-off and landing. Subregulation 11.160(1) of CASR 1998 enables CASA to grant such exemptions under section 98(5A) of the Civil Aviation Act 1988, provided it is necessary for the safety of air navigation. This exemption, which is a legislative instrument, applies to Nippon Cargo Airlines Co. Ltd, permitting them to conduct low visibility operations (LVO) in Australia under specified conditions. The exemption details the minimum visibility standards and the conditions under which these minima can be applied, including the requirement that only properly equipped aerodromes can be used for such operations. Obligations under the exemption include ensuring that Nippon Cargo meets the specified visibility standards for take-offs and landings, which may be lower than the standard minima set by CASA. The exemption specifies that these operations can only be conducted at aerodromes equipped to support LVO and that the aircraft must use specified equipment for low visibility landings. Additionally, the pilot in command must comply with the limitations outlined in Schedule 2 of the exemption regarding the conduct of LVO. The exemption is also contingent upon the aircraft meeting certain equipment and operational standards, ensuring that the operations do not compromise safety. Failure to comply with the conditions of the exemption can lead to enforcement actions under the Civil Aviation Regulations 1998 (CAR 1998). Specifically, subregulations 257(3) and (4) of CAR 1998 state that it is an offence for an aircraft to take-off or land if any element of the meteorological minima is not met. The penalties for breaching these provisions can include fines and other sanctions, reflecting the seriousness of compromising aviation safety. As the exemption is a legislative instrument, it is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. The exemption ceases to be in effect on the specified date or, if no date is specified, three years after its commencement.

Legal classification tags

Area of Law
Aviation Law
Instrument
Regulation
Concepts
Delegated & Subordinate Legislation
Regulatory Standards
Enforcement Powers
Consultation Requirements

Interactions

Authorises

All Versions

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.