CASA EX107/14 - Exemption – for operations into Lord Howe Island – Eastern Australia Airlines Pty Limited

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

Legislation au F2014L01168 Not in force Legislative Instrument

Legislation content

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

Overview

The Civil Aviation Safety Regulations 1998 Exemption for operations into Lord Howe Island by Eastern Australian Airlines Pty Limited was enacted in 2014. This exemption addresses a specific operational challenge faced by the airline when conducting take-off operations at Lord Howe Island aerodrome. The exemption was introduced to allow for a departure end safety area, which has been constructed to an equivalent standard as the runway, to be used as part of the available runway length for take-offs. This provides a safety enhancement and is in line with safety standards set by the Civil Aviation Safety Authority (CASA). The exemption is subject to conditions to ensure the safety of air navigation and applies only to DHC-8-200 aircraft operated by Eastern Australian Airlines. The exemption was issued under the authority of section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations relating to the safety of air navigation, and under regulation 11.160 of the Civil Aviation Safety Regulations 1998, which allows CASA to grant exemptions from compliance with certain provisions. The exemption is subject to parliamentary disallowance as per the Legislative Instruments Act 2003. The exemption is consistent with human rights as declared in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011, as it does not engage any of the applicable rights or freedoms. The Office of Best Practice Regulation determined that a Regulation Impact Statement was not required for this instrument. The exemption was issued by a delegate of CASA relying on the power of delegation under the Civil Aviation Safety Regulations 1998 and commenced on 1 September 2014, expiring at the end of August 2017.

Scope and Application

The Civil Aviation Safety Regulations 1998 Exemption pertains to operations conducted by Eastern Australian Airlines Pty Limited, specifically for their DHC-8-200 aircraft landing and taking off at Lord Howe Island aerodrome. This exemption allows the airline to consider the runway end safety area (RESA) when calculating the length of the runway available for take-off, which is generally not permissible. This exception is granted under section 98 of the Civil Aviation Act 1988 and regulation 11.160 of the Civil Aviation Safety Regulations 1998, and it is subject to specific conditions to ensure the safety of air navigation. The exemption is effective from 1 September 2014 and will expire at the end of August 2017, unless altered by another instrument. Additionally, the instrument is subject to disallowance in Parliament under the Legislative Instruments Act 2003, indicating its legislative nature and the need for parliamentary oversight.

Key Provisions

The main operative sections of the legislative instrument (F2014L01168) pertain to the exemption granted to Eastern Australian Airlines Pty Limited from certain provisions of the Civil Aviation Order 20.7.1B, which relates to the determination of take-off weight limitations for aircraft operating into Lord Howe Island aerodrome. This exemption is provided under section 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998) and is specific to the operator’s DHC-8-200 aircraft. The exemption allows the operator to take into account the runway end safety area (RESA) when calculating the length of runway available for take-off, which is otherwise not permissible under general regulations. This exemption is subject to conditions that ensure the safety of air navigation. The obligations imposed by the Act on the parties governed by it include ensuring that the exemption is used strictly within the conditions set forth to maintain safety standards. Eastern Australian Airlines Pty Limited must comply with all safety conditions and requirements outlined in the exemption to ensure that the use of the RESA for take-off does not compromise the safety of operations at Lord Howe Island aerodrome. CASA, as the regulator, must ensure that the exemption is exercised in a manner that does not pose any undue risks to air navigation safety and must monitor compliance by the operator. There are no specific offences outlined in the legislative instrument; however, any breach of the conditions imposed by the exemption could lead to serious consequences. Such breaches could potentially result in the revocation of the exemption, leading to non-compliance with the CASR 1998 and CAR 1988. The operator could also face legal action if their non-compliance results in an aviation incident or poses a threat to safety. The legislative instrument is a disallowable instrument under the Legislative Instruments Act 2003, which means it is subject to tabling and disallowance in the Parliament. Non-compliance with the exemption conditions could therefore attract further scrutiny and potential legislative action. The instrument also addresses its compatibility with human rights as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. The Statement of Compatibility with Human Rights confirms that the exemption does not engage any applicable rights or freedoms, thereby asserting its compatibility with human rights. This compatibility is further reinforced by the absence of any human rights issues raised by the exemption. The instrument has been issued under the authority of CASA, with a commencement date of 1 September 2014 and an expiry date at the end of August 2017, unless otherwise repealed.

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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.