Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — overweight landings
Section 98 of the Civil Aviation Act 1988 (the Act) enables the Governor-General to regulate for the purposes of the Act and towards the safety of air navigation.
Under subregulation 235 (6) of the Civil Aviation Regulations 1988, the pilot in command of an aircraft must not land the aircraft if its gross weight exceeds its maximum landing weight.
A pilot may consider an overweight landing when a situation arises that requires the aircraft to return to the take-off airport, or divert to another airport, soon after take-off. In these cases, the aircraft may arrive at the landing airport at a weight considerably above the maximum design landing weight. The pilot must then decide whether to reduce the weight before landing or to land overweight. The weight can be reduced either by holding to burn-off fuel or by jettisoning fuel.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that CASA may exempt a person or class of persons from compliance with a provision of CASR 1998. Subregulation 11.170 (3) provides that CASA must regard the preservation of a level of aviation safety that is at least acceptable as paramount. Regulation 11.205 provides that CASA may impose on an exemption any condition necessary in the interests of safety and to set out that condition in an instrument of exemption.
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 or Civil Aviation Orders. 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 instrument applies to a class of persons and aircraft (that is, pilots in command of A380 or A330 aircraft) and so is legislative. 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.
Consultation
Consultation under section 17 has not been undertaken. The instrument is a renewal of a previous instrument, CASA EX55/10, which ceased to have effect at the end of June 2012. The instrument prevents environmental pollution and is of a minor or machinery nature and does not substantially alter existing arrangements.
Compatibility with human rights and freedoms
This instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.
Commencement and making
The instrument commences on the day of registration and stops having effect at the end of 31 July 2014.
The instrument has been made by a delegate of CASA under subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA EX114/12]