Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Safety Regulations 1998
Exemption – for operations into Lord Howe Island – Eastern Australian Airlines Pty Limited
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in relation to the safety of air navigation.
Under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may grant an exemption from compliance with a provision of CASR 1998, the Civil Aviation Regulations 1988 (CAR 1988) or the Civil Aviation Orders (the CAOs). 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.
Subregulation 235 (2) of CAR 1988 provides that CASA may, for the purpose of ensuring the safety of air navigation, give directions setting out how to determine, with respect to a proposed flight, the maximum gross take‑off and landing weights of an aircraft. These directions are given by: paragraph 4.1 of Civil Aviation Order 20.7.1B (CAO 20.7.1B), which provides for the determination of take-off weight limitations; paragraph 5.1, which provides for the determination of landing weight limitations; and paragraph 11.1, which provides for the landing distance required.
Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Instrument
The exemption applies only to the requirements of subparagraphs 4.1 (a), (b) and (c) of CAO 20.7.1B to allow the runway end safety area (RESA) at Lord Howe Island aerodrome to be taken into account when calculating the length of runway available for take-off. RESA is an area symmetrical about the extended runway centreline and beside the end of the strip, primarily intended to reduce the risk of damage to an aeroplane undershooting or overrunning the runway. Generally, a RESA cannot be taken into account in the length of runway available for take-offs. It must be available in case of a need for extra distance in landing or taking-off. Its bearing strength is often less than the bearing strength of the runway.
The exemption applies only to the operations of DHC-8-200 aircraft by Eastern Australia Airlines Pty Limited (the operator). The exemption is subject to conditions relating to the operation of the aircraft.
At Lord Howe Island aerodrome, the RESAs are constructed to an equivalent standard to the runway. It is, therefore, acceptable for the departure end of the RESA to be used for take-offs and is a safety enhancement that provides for more runway length than would otherwise be available. The exemption allows the RESA to be used for this purpose. It also contains particulars of the relevant Runway 10/28 requirements to ensure the safety of the operations under the exemption.
Legislative Instruments Act 2003 (the LIA)
Exemptions issued under regulation 11.160 of CASR 1998 are issued under subsection 98 (5A) of the Act which states that the regulations may empower CASA to issue an instrument relating to the safe navigation and operation, or the maintenance, of aircraft.
Under regulation 5A of CAR 1988, if CASA has issued a CAO, and CASA later issues an exemption that affects the operation of that CAO, the later document is declared to be a disallowable instrument. This instrument affects the operation of paragraph 4.1 of CAO 20.7.1B and is, therefore, declared to be a disallowable instrument.
Under subparagraph 6 (d) (i) of 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.
The instrument, therefore, is subject to tabling and disallowance in the Parliament, under sections 38 and 42 of the LIA.
Consultation
The instrument has been requested by the operator and replaces the previous instrument (CASA EX97/11) that applied to the operator. It is CASA’s view that it is not necessary or appropriate to undertake any further consultation about this instrument under section 17 of the LIA.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).
Making and commencement
The exemption has been issued by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of the CASR 1998.
The instrument commences on 1 September 214. It expires at the end of August 2017, as if it had been repealed by another instrument.
[Instrument number CASA EX107/14]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption – for operations into Lord Howe Island –
Eastern Australian Airlines Pty Limited
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
This legislative instrument exempts Eastern Australia Airlines Pty Limited (the operator) from requirements in Civil Aviation Order 20.7.1B relating to the determination of take-off weight limitations.
The exemption applies only to the operation of the operator’s DHC-8-200 aircraft into Lord Howe Island aerodrome, and is subject to conditions in the interest of the safety of air navigation.
The purpose of the instrument is to allow the operator to take the runway end safety area at Lord Howe Island aerodrome into account when calculating the length of runway available for take-off.
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