CASA EX109/18 — Width of Glider Runway Strip (Temora Aerodrome) Instrument 2018

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

Legislation au F2018L01640 Not in force Legislative Instrument

Legislation content

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 GovernorGeneral to make regulations for the Act and in the interests of the safety of air navigation.  Relevantly, the GovernorGeneral 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 AIPERSA:

(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 AIPERSA — 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

Overview

The Civil Aviation Safety Authority (CASA EX109/18 — Width of Glider Runway Strip (Temora Aerodrome) Instrument 2018) was enacted to address specific operational constraints at Temora aerodrome, particularly concerning the width of the glider runway strip adjacent to runway 09/27, which does not meet the standard width requirement stipulated in the Manual of Standards. This instrument, issued under the authority of the Civil Aviation Act 1988, seeks to maintain aviation safety while recognising the practical limitations of the site. The policy objective is to ensure that the aerodrome operations continue without compromising safety, pending more permanent regulatory amendments. CASA has determined that the exemption and the new direction for pilots will not negatively impact safety operations at the aerodrome. The instrument will remain in effect until 31 October 2021, and it has been deemed compatible with human rights as it does not engage any applicable rights or freedoms.

Scope and Application

The CASA EX109/18 — Width of Glider Runway Strip (Temora Aerodrome) Instrument 2018 applies to Temora Shire Council, the operator of Temora Aerodrome, and to pilots of aircraft using runway 09/27 and the glider runway strip adjacent to that runway at the aerodrome. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and has been issued to maintain the safety of air navigation as per the Civil Aviation Act 1988. This instrument exempts the aerodrome operator from certain compliance requirements stipulated in the Civil Aviation Safety Regulations 1998, specifically those related to the width of the glider runway strip and the use of flush markers. Additionally, it imposes specific operational directions on pilots to ensure safety during their operations at the aerodrome. The exemption is subject to conditions that must be met to preserve an acceptable level of aviation safety. The instrument is effective from the date of its registration until the end of 31 October 2021, at which time it will be repealed. 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.

Key Provisions

The key provisions of the CASA EX109/18 — Width of Glider Runway Strip (Temora Aerodrome) Instrument 2018 involve the exemption of Temora Shire Council from certain requirements under the Civil Aviation Safety Regulations 1998 (CASR) (sections 5 and 6) and the issuance of directions to pilots using runway 09/27 and the glider runway strip at Temora aerodrome (section 4). The exemption allows the aerodrome operator to bypass the width requirements for the glider runway strip specified in subsection 6.7.2.1 of the Manual of Standards (MOS) — Part 139 Aerodromes, as well as the restriction on the use of flush markers mentioned in subsection 8.2.2.2 of the MOS. The directions require pilots to follow a common circuit direction and prohibit simultaneous parallel runway operations. These provisions are designed to maintain safety standards while accommodating the site constraints at Temora aerodrome. The obligations imposed by the Act on the parties it governs include ensuring compliance with the conditions set forth in Schedule 1 of the instrument. Temora Shire Council must adhere to the specified requirements for the width of the glider runway strip, marking the separation between runway 09/27 and the glider runway strip, and ensuring that certain provisions of the instrument are published in the Australian Information Package En Route Supplement Australia (AIP-ERSA). Pilots of aircraft using runway 09/27 and the glider runway strip are required to follow the common circuit direction and refrain from simultaneous parallel runway operations. The instrument also mandates that these provisions be published in the AIP-ERSA, ensuring that all relevant parties are informed of the specific operational requirements. Any breach of the obligations imposed by the instrument can result in significant consequences. Under regulation 11.210 of CASR, failure to comply with the conditions of an exemption is a strict liability offence, carrying potential penalties as prescribed by law. Similarly, contravention of a direction issued under subregulation 92(2) of the Civil Aviation Regulations 1988 (CAR) is also a strict liability offence, with penalties as per the regulations. These offences underscore the importance of adherence to the specified operational protocols to ensure aviation safety. The maximum penalties for such offences are not explicitly stated in the instrument but are governed by the applicable aviation safety regulations.

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Aviation Law
Instrument
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Regulatory Standards
Exemptions & Exclusions
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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.