Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — participation in land and hold short operations
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.
Subsection 98 (5A) of the Act provides that the regulations may empower CASA to issue instruments in relation to the following:
(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft; or
(b) the airworthiness of, or design standards for, aircraft.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A), CASA may grant an exemption from a provision of the Regulations, including the Civil Aviation Regulations 1988, or a provision of the Civil Aviation Orders 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 (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.
Under subregulation 172.065 (1) of CASR 1998, an ATS provider (a person approved to provide air traffic services) must ensure that any service is provided in accordance with the specified standards, including the standards set out in the Manual of Standards Part 172 — Air Traffic Services (the MOS).
The MOS contains requirements relating to the conduct of land and hold short operations (LAHSO) by Jetstar Airways Pty Ltd (Jetstar). These operations involve aircraft landing on 1 runway while another aircraft takes off or lands on another runway at the same time. Under subsections 10.13.5.3, 10.13.5.4 and 10.13.5.7 of the MOS, foreign registered commercial aircraft that are not permitted to participate in LAHSO are aircraft of performance category A, B or C.
CASA has decided to issue this exemption to allow the aircraft to engage in LAHSO. The Airbus A321 aircraft are capable, under normal operating conditions, of complying with published LAHSO landing distances for runways with active LAHSO operations within the Jetstar network.
Legislative Instruments Act
Exemptions issued under regulation 11.160 of CASR 1998 are issued under subsection 98 (5A) of the Act. 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 aircraft and so is a legislative instrument.
As a legislative instrument, it is 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 had not been undertaken before the issue of this instrument. The instrument replaces CASA EX76/09, itself a renewal of CASA EX23/08, which ceases to have effect at the end of September 2011. It is similar to exemptions granted to other operators and has proved beneficial for the provision of air traffic services.
The instrument commences on 1 October 2011 and stops having effect at the end of September 2014. It has been made by the Director of Aviation Safety, on behalf of CASA, under subsection 73 (2) of the Act.
[Instrument number CASA EX104/11]