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) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Under subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may, by instrument, grant an exemption from compliance with a provision of CASR 1998. Under subregulation 11.160 (2), CASA may grant an exemption to a person or a class of persons. Under subregulation 11.205 (1), CASA may impose on an exemption any condition necessary in the interests of the safety of air navigation.
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 (MOS Part 172).
The MOS Part 172 contains requirements relating to the conduct of land and hold short operations (LAHSO). 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 and 10.13.5.4 of MOS Part 172, aircraft that may participate in these operations include aircraft of performance category A, B or C. Aircraft of performance category D have been excluded. Boeing 767-300 series aircraft operated by Qantas Airways Limited (Qantas) are included in performance category D. Those aircraft were previously allowed to participate in LAHSO under an approval issued by CASA but the introduction of MOS Part 172 has overridden that approval.
CASA has decided to issue this exemption to allow the aircraft to commence LAHSO. In accordance with subregulation 11.170 (3) of CASR 1998, CASA considers that the exemption preserves an acceptable level of aviation safety.
Legislative Instruments Act
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The exemption applies to a class of persons and a class of aircraft. The exemption is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003 (the LIA).
Compatibility with human rights and freedoms
This 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 as it does not raise any human rights issues. It does not engage any of the applicable rights or freedoms.
Consultation
Qantas has applied for this exemption. It is a renewal of a previous exemption (CASA EX59/10) granted to Qantas, which expires at the end of 31 July 2012. Further consultation under section 17 of the LIA has not been undertaken. The exemption is beneficial to industry.
Making and commencement
The exemption has been made by a delegate of CASA under regulation 11.260 of CASR 1998.
The instrument commences on 1 August 2012. It stops having effect at the end of 31 July 2014.
[Instrument number CASA EX112/12]