Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Safety Regulations 1998
CASA EX109/18 — Width of Glider Runway Strip (Temora Aerodrome) Instrument 2018
Purpose
The instrument would continue to exempt Temora Shire Council (the aerodrome operator) from compliance with regulation 139.295 of the Civil Aviation Safety Regulations 1998 (CASR), to the extent that the regulation requires the glider runway strip at Temora aerodrome to comply with the requirements, mentioned in subsection 6.7.2.1 of the Manual of Standards (MOS) — Part 139 Aerodromes (the Manual of Standards), for the width of a glider runway strip located outside an existing runway strip.
The instrument would also exempt the aerodrome operator from compliance with regulation 139.295 of CASR, to the extent that the regulation requires runway 09/27 and the glider runway strip at Temora aerodrome to comply with the restriction on the use of flush markers mentioned in subsection 8.2.2.2 of the Manual of Standards.
In addition, the instrument would issue a direction to pilots of aircraft using runway 09/27 at Temora aerodrome and pilots of aircraft using the glider runway strip adjacent to runway 09/27, requiring those pilots:
(a) to follow a common circuit direction; and
(b) not to carry out simultaneous parallel runway operations.
The direction replaces the conditions that were imposed on the aerodrome operator by clauses 4 and 5 of Schedule 1 to CASA EX23/15.
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor‑General to make regulations for the Act and in the interests of the safety of air navigation. Relevantly, the Governor‑General has made CASR and the Civil Aviation Regulations 1988 (CAR).
Subpart 11.F of CASR provides for the granting of exemptions from particular provisions of the regulations. Subregulation 11.160 (1) of CASR provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations.
Under subregulation 11.160 (2) of CASR, an exemption may be granted to a person or a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.
Under subregulation 11.175 (4) of CASR, in deciding whether to reissue an exemption, CASA must regard as paramount the preservation of at least an acceptable level of aviation safety.
Regulation 11.205 of CASR provides that CASA may impose conditions on an exemption if necessary in the interests of the safety of air navigation. Under regulation 11.210, it is a strict liability offence not to comply with the obligations imposed by a condition.
Regulation 11.225 of CASR requires an exemption to be published on the Internet. Under subregulation 11.230 (1) of CASR, the maximum duration of an exemption is 3 years.
Regulation 139.295 of CASR sets out the standards applicable to registered aerodromes including, relevantly at paragraph (b), “any other standards set out in the Manual of Standards that are applicable to registered aerodromes.” In regulation 139.010 of CASR, Manual of Standards means “the document called ‘Manual of Standards (MOS) — Part 139 Aerodromes’ published by CASA, as in force from time to time.”
Subsection 6.7.2.1 of the Manual of Standards provides, relevantly, that the width of a glider runway strip located outside an existing runway strip must not be less than 60 m. That subsection also provides that a glider runway strip of that kind must be of sufficient length for the glider operations.
Subsection 8.2.2.2 of the Manual of Standards provides, relevantly, that flush markers must only be used where runway strips overlap.
Under subregulation 92 (2) of CAR, CASA may, in relation to an aerodrome, issue directions relating to the safety of air navigation. Under subregulations 92 (3) and (4) of CAR, contravening a direction issued under subregulation 92 (2) of CAR is a strict liability offence.
Background
Temora aerodrome is a registered aerodrome operated by Temora Shire Council (the aerodrome operator). Because of site constraints, the width of the glider runway strip adjacent to runway 09/27 at Temora aerodrome continues not to meet the glider strip width requirements mentioned in subsection 6.7.2.1 of the Manual of Standards. Additionally, there is no prospect of changes to those site constraints or, as a result, compliance of the glider runway strip with those requirements. Therefore, the aerodrome operator has applied for renewal of the exemption in CASA EX23/15, which expired at the end of 31 January 2018. However, the exemption renewal is an interim measure, pending substantive amendments to Part 139 of CASR, which CASA anticipates will remove the need for further exemptions of the same kind in the future.
Instrument
Section 1 names the instrument in a way that allows the instrument to be identified by its name alone, while retaining the ability to search for the instrument on the Federal Register of Legislation using the CASA number.
Under section 2, the instrument commences on the day it is registered on the Federal Register of Legislation and is repealed at the end of 31 October 2021.
Section 3 of the instrument contains definitions, including a signpost definition to the definition of simultaneous parallel runway operation in subsection 4 (2) of the instrument.
Subsection 4 (1) of the instrument issues a direction under subregulation 92 (2) of CAR. That direction requires that, when conducting operations at Temora aerodrome, pilots of aircraft using runway 09/27 and pilots of aircraft using the glider runway strip adjacent to runway 09/27:
(a) must follow a common circuit direction; and
(b) must not to carry out simultaneous parallel runway operations.
Subsection 4 (2) of the instrument defines simultaneous parallel runway operation. The definition of that term was included in subsection 4 (2) because it is only used in section 4, and so that it would be covered by the condition in clause 6 of Schedule 1 to the instrument requiring the aerodrome operator to ensure that the provisions mentioned in that clause are published in the Australian Information Package En Route Supplement Australia (AIP‑ERSA).
The direction located in subsection 4 (1) of the instrument and the definition of simultaneous parallel runway operation in subsection 4 (2) of the instrument replace the conditions that were imposed on the aerodrome operator by clauses 4 and 5 of Schedule 1 to CASA EX23/15. Consequently, the condition in clause 6 of Schedule 1 to the instrument requires the aerodrome operator to ensure that each of the following provisions in the instrument is published in the AIP‑ERSA:
(a) the definition of glider runway strip in section 3;
(b) the directions in paragraphs 4 (1) (a) and (b);
(c) the definition of simultaneous parallel runway operation in subsection 4 (2).
The note located immediately below subsection 4 (2) of the instrument is intended as a signpost to assist users of the instrument to identify the related publication requirements mentioned in clause 6 of Schedule 1 to the instrument (listed in the preceding paragraph).
Section 5 of the instrument exempts the aerodrome operator from the requirement to comply with regulation 139.295 of CASR, to the extent that the regulation requires:
(a) the glider runway strip to comply with the requirements for the width of a glider runway strip mentioned in subsection 6.7.2.1 of the Manual of Standards; and
(b) runway 09/27 and the glider runway strip at Temora aerodrome to comply with the restriction on the use of flush markers mentioned in subsection 8.2.2.2 of the Manual of Standards.
Under section 6 of the instrument, the exemption is subject to the conditions mentioned in Schedule 1 to the instrument.
Schedule 1 to the instrument requires the aerodrome operator to ensure that the following requirements are met:
(a) a requirement for the minimum width of the glider runway strip — see clause 1;
(b) requirements related to marking the separation between runway 09/27 and the glider runway strip at Temora aerodrome — see clauses 2, 3, 4 and 5;
(c) a requirement that the aerodrome operator ensure that certain provisions of the instrument are published in the AIP‑ERSA — see clause 6.
Each of the notes below clauses 2, 3, 4 and 5 of Schedule 1 to the instrument is intended as a signpost to assist the aerodrome operator to identify:
(a) a relevant diagram in the Manual of Standards that may assist the aerodrome operator to ensure that the markers mentioned in the related clause are placed in the required way; or
(b) some additional relevant requirements in the Manual of Standards.
The note located immediately below clause 6 of Schedule 1 to the instrument is intended to assist users of the instrument by providing the meaning of AIP-ERSA, mentioned in clause 6.
CASA has assessed the aerodrome operator’s application for renewal of CASA EX23/15 and is satisfied that the renewal, including the new direction in section 4 of the instrument, would have no negative effect on the safety of operations using runway 09/27 and the glider runway strip adjacent to runway 09/27 at Temora aerodrome.
Legislation Act 2003 (the LA)
Subsection 8 (4) of the LA provides that an instrument is a legislative instrument if it determines the law or alters the content of the law, rather than determining particular cases in which the law is, or is not, to apply. The instrument issues directions under subregulation 92 (2) of CAR to pilots of aircraft using runway 09/27 at Temora aerodrome and pilots of aircraft using the glider runway strip adjacent to that runway, when conducting operations at Temora aerodrome. The directions in the instrument require those kinds of pilots to use runway 09/27 and the adjacent glider runway strip in particular ways. Therefore, the instrument determines the law that those kinds of pilots must comply with. The instrument is therefore a legislative instrument, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
The instrument has been issued at the request of the aerodrome operator to continue existing arrangements and is similar to instruments issued to other aerodrome operators that have not been the subject of adverse feedback. Having consulted with the aerodrome operator, CASA is satisfied that, for section 17 of the LA, no further consultation is appropriate or reasonably practicable for the instrument.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required in this case, as the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions or directions (OBPR id: 14507).
Statement of Compatibility with Human Rights
The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms, and is compatible with human rights, as it does not raise any human rights issues.
Making and commencement
The direction has been made by a delegate of CASA, relying on the power of delegation under subregulation 11.260 (1) of CASR.
The instrument commences on the day of registration and is repealed at the end of 31 October 2021.
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA EX109/18 — Width of Glider Runway Strip (Temora Aerodrome) Instrument 2018
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 instrument would continue to exempt Temora Shire Council from complying with the following requirements:
(a) the requirement for the glider runway strip located adjacent to runway 09/27 at Temora aerodrome to comply with the requirement for the width of a glider runway strip located outside an existing runway strip mentioned in subsection 6.7.2.1 of the Manual of Standards (MOS) — Part 139 Aerodromes (the MOS);
(b) the requirement for runway 09/27 and the glider runway strip to comply with the restriction on the use of flush markers mentioned in subsection 8.2.2.2 of the MOS.
The exemption is subject to conditions imposed by CASA in the interests of aviation safety.
The instrument would also issue a direction to pilots of aircraft using runway 09/27 and pilots of aircraft using the glider runway strip adjacent to runway 09/27 at Temora aerodrome, requiring those pilots to use runway 09/27 and the adjacent glider runway strip in a way that reduces the related risks.
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