Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — A380 operations at certain aerodromes
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.
Subsection 98 (5A) of the Act provides that the Regulations may empower CASA to issue instruments in relation to the following:
(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft; or
(b) the airworthiness of, or design standards for, aircraft.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A), CASA may grant an exemption from a provision of the Regulations, including the Civil Aviation Regulations 1988 or a provision of the Civil Aviation Orders, in relation to a matter mentioned in that subsection. 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.
Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.
Regulation 139.015 of CASR 1998 states that the standards for aerodromes are those set out in the Manual of Standards Part 139 — Aerodromes (the Manual) referred to in regulation 139.010. Regulation 139.165 states that the operator of a certified aerodrome must ensure that the physical characteristics of the movement area comply with the standards set out in the Manual. The standards that are applicable to an aerodrome are determined by reference to the aircraft category to which the largest aircraft for whose use the aerodrome is intended belongs. Particulars of the categories are set out in the Manual. The size of the A380 would classify it as a Category F aircraft. This is the highest aircraft category. For comparison, the Boeing 747 type is a Category E aircraft. It has, however, been determined by international and national authorities, including ICAO and the European Aviation Safety Agency, that A380 aircraft may use runways and taxiways that have been designed to accommodate Category E aircraft, subject to certain modifications being carried out such as the widening and strengthening of runway and taxiway shoulders. These modified standards applicable to A380 aircraft operations are set out in the Manual.
Exemptions have also been granted under regulation 139.020 of CASR 1998 to allow certain code letter E runways and taxiways, which do not meet the extended standards, to be used by A380 aircraft. Regulation 139.020 has now been revoked. Instruments issued under regulation 139.020 were not legislative instruments.
This instrument renews the current exemption, CASA EX84/09, issued under regulation 139.020 which is due to expire at the end of September 2011. Most of the aerodromes referred to are alternate aerodromes, and 1 runway at Melbourne International Airport is also included.
The exemption is subject to conditions to ensure that operations of the A380 aircraft do not endanger safety on runways with the narrower shoulders.
Legislative Instruments Act
Exemptions issued under regulation 11.160 of CASR 1998 are issued under subsection 98 (5A) of the Act. Subsection 98 (5AA) of the Act states that an instrument issued under paragraph (5A) (a) is a legislative instrument if it applies to a class of persons or a class of aircraft. This exemption applies to a class of aircraft and so is a legislative instrument.
As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).
Consultation
Consultation under section 17 of the LIA was undertaken with aerodrome operators and the operators of A380 aircraft before the issue of the previous exemptions.
The instrument commences on 1 October 2011 and stops having effect at the end of September 2014. It has been made by the Director of Aviation Safety, on behalf of CASA, under subsection 73 (2) of the Act.
[Instrument number CASA EX114/11]