CASA EX115/12 - Exemption - from standard take-off and landing minima - Qantas

Overview

The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of air navigation within Australia, and to provide a framework for the regulation of civil aviation operations. The regulations allow the Civil Aviation Safety Authority (CASA) to determine the meteorological minima for landing and take-off at aerodromes and to exempt certain operations from these minima. The regulations also establish the conditions under which an exemption may be granted, and the process for obtaining such an exemption. The Civil Aviation Safety Regulations 1998 were enacted by the Governor-General under the authority of the Civil Aviation Act 1988. The policy objective of the regulations is to ensure that civil aviation operations are conducted in a safe manner, while also promoting efficiency and economic growth in the aviation industry. The regulations are designed to strike a balance between safety and efficiency, recognising the importance of both to the aviation industry and the broader economy. The explanatory statement for the Civil Aviation Safety Regulations 1998 indicates that the regulations have been amended to grant an exemption to Qantas Airways Limited from the standard take-off and landing minima for certain operations. The exemption allows Qantas to conduct low visibility take-offs and Category II and III landings inside and outside Australian territory, subject to a range of conditions designed to ensure the safety of the operations. The exemption is not considered prejudicial to the interests of safety, and is intended to provide a beneficial effect to the operator. The instrument that grants the exemption is a legislative instrument, and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The instrument replaces a previous exemption that was issued for the same purpose. The exemption is not expected to have a significant impact on business compliance costs, and does not engage any of the applicable rights or freedoms. The instrument was made by a delegate of CASA under the authority of the Civil Aviation Safety Regulations 1998, and commenced on 1 September 2012. The exemption will cease to have effect on 31 July 2014.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) governs the safety standards and regulatory framework for civil aviation in Australia. Specifically, the exemption instrument F2012L01628 pertains to Qantas Airways Limited, allowing the airline to operate under certain low visibility conditions for take-offs and landings that deviate from the standard meteorological minima. The exemption applies to Qantas' operations both within and outside Australian territory, provided that stringent conditions are met to ensure aviation safety. These conditions include adherence to specified visibility standards, ensuring that flights are conducted at aerodromes equipped to support such operations, maintaining compliance with flight crew training and aircraft equipment requirements, and obtaining necessary foreign approvals. The instrument is legislative in nature, applicable to a class of persons and aircraft, and subject to parliamentary oversight under the Legislative Instruments Act 2003. Notably, while the instrument facilitates Qantas’ operational flexibility, it does not engage any human rights issues and has been assessed to have minimal business compliance costs.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) include provisions for exemptions from standard take-off and landing minima, particularly in section 11.160(1) and subregulation 11.170(3), which allow the Civil Aviation Safety Authority (CASA) to exempt a person or class of persons from compliance with a provision of the regulations if certain conditions are met. In this case, the exemption pertains to Qantas Airways Limited, enabling them to conduct low visibility take-offs and CAT II and CAT III landings both inside and outside Australian territory, as long as specific safety standards and requirements are adhered to. For the exemption to be granted, Qantas must meet several obligations and requirements. These include ensuring that specified visibility standards are met for take-offs and landings, which can only be performed at aerodromes equipped to support low visibility operations under the exemption. The flight crew must meet specified benchmarks in terms of training, experience, recency, and competency. Aircraft equipment must be maintained to a high standard, and operational restrictions and limitations must be observed. Qantas must also obtain appropriate foreign approvals for the operations and carry a range of documents for inspection on board the aircraft. Failure to comply with the provisions of the Civil Aviation Safety Regulations 1998, or the conditions of the exemption, can result in significant legal consequences. Under subregulations 257(3) and 257(4) of the Civil Aviation Regulations 1988, it is an offence for an aircraft to take off or land if an element of the meteorological minima for that operation is less than that determined for the aircraft at the aerodrome. The penalties for such an offence can be substantial, with the maximum penalty varying depending on the severity and circumstances of the breach. In addition, CASA may impose additional penalties or conditions on the exemption if it is found that compliance with the exemption has not been maintained, potentially leading to further civil or criminal consequences for Qantas.