CASA EX118/15 - Exemption — recency requirement for air traffic control endorsement

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

Legislation au F2015L01193 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption recency requirement for air traffic control endorsement

 

Legislation

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.

 

Subregulation 65.025 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that the holder of an air traffic control (ATC) licence or a flight service licence satisfies the recency requirement in relation to an endorsement at a particular time, if he or she has performed the duties required by the relevant function at the aerodrome, or in relation to the airspace to which the endorsement relates, for at least 5 hours within the previous 21 days.

 

Subregulation 11.160 (1) of CASR 1998 provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations 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.

 

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Background

In 2012, Airservices Australia (AA) reviewed the recency requirement of regulation 65.025 of CASR 1998 and noted that AA staff in Sydney were unable to meet the recency requirement for the Precision Runway Monitoring (PRM) system since that system, depending on weather conditions, may not be operated for periods greater than 21 days. An instrument was subsequently issued (CASA EX118/12 refers) that exempted the holder of an ATC licence or a flight service licence from the requirements of subregulation 65.025 (1) of CASR 1998, subject to the condition that the holder of the ATC licence or flight service licence must perform 5 hours of duties within the previous 21 days.

 

The use of the PRMS was identified as risk mitigation in the 2002 PRM Safety Case in the case of controller recency training and emergency operations. The numbers of emergency breakouts that occur per year are estimated by AA to be less than an average of 2 per year, so the PRMS is integral to ATC training for this situation, using both runway directions for Runway 16 of Sydney Airport.

 

CASA EX118/12 expired at the end of July 2015. AA applied to CASA for the exemption to be extended for a further period.

 

Instrument

CASA EX118/15 is substantially similar to CASA EX118/12, except for new commencement and expiry dates and clarifying that the instrument only applies to air traffic controllers operating at Sydney Airport as well as limiting the exemption scope to only PRM endorsements. Holders of flight service licences are not permitted to conduct PRM activities. The exemption will recognise periods spent on the PRMS as satisfying the recency requirement of subregulation 65.025 (1) of CASR 1998. To ensure the safety of air navigation, conditions have been maintained. The holder of an ATC licence must perform at least 5 hours of duties within the previous 21 days. AA must advise CASA in writing of any proposed changes to the PRMS and CASA must approve any changes to the PRMS.

 

The instrument also repeals CASA EX118/12 which expired at the end of July 2015.

 

Legislative Instruments Act 2003 (the LIA)

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. CASA EX118/15 applies to a class of persons, being holders of ATC licences. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

The instrument has been issued at the request of AA to recognise that recency for the PRM system may not be possible given the infrequency with which it is used. Nonetheless, the instrument requires skills to be maintained by time spent in the PRMS. The instrument is of beneficial effect to holders of ATC licences working at Sydney Airport. It is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).

 

Making and commencement

The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.

 

The instrument commences on 1 August 2015 and expires at the end of July 2018, as if it had been repealed by another instrument.

 

[Instrument number CASA EX118/15]

Attachment 1

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Exemption — recency requirement for air traffic control endorsement

 

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 legislative instrument allows holders of air traffic control licences to meet recency requirements for licence endorsements for time spent on the Precision Runway Monitoring Simulator (PRMS) as an alternative to time spent using the Precision Runway Monitoring system (which may be infrequently activated depending on weather conditions). The instrument is subject to conditions in the interests of aviation safety, including that the PRMS must not be changed without CASA’s approval.

 

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 Regulations 1998 were amended in 2015 to provide an exemption from the recency requirement for air traffic control endorsements, specifically for the Precision Runway Monitoring (PRM) system at Sydney Airport. This exemption, detailed in instrument CASA EX118/15, addresses the issue where air traffic controllers at Sydney Airport were unable to meet the recency requirement due to the infrequent operation of the PRM system based on weather conditions. The exemption allows air traffic control licence holders to satisfy the recency requirement by spending time on the PRM simulator instead. This legislative instrument was enacted by the Civil Aviation Safety Authority (CASA), a delegate under the authority of the Civil Aviation Act 1988, to ensure the safety of air navigation. The policy objective is to maintain necessary skills and recency for PRM operations, balancing the infrequent use of the system with the need for continuous proficiency. The exemption is subject to CASA approval for any changes to the PRM simulator and will remain in effect until the end of July 2018.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by CASA EX118/15, provide an exemption to the recency requirement for air traffic control endorsement for holders of air traffic control (ATC) licences operating at Sydney Airport, specifically concerning the Precision Runway Monitoring (PRM) system. The exemption allows these licence holders to meet the recency requirement by spending time on the Precision Runway Monitoring Simulator (PRMS) instead of using the PRM system, which is infrequently activated due to weather conditions. This exemption is subject to certain conditions, including the requirement that the ATC licence holder must perform at least 5 hours of duties within the previous 21 days and that any changes to the PRMS must be approved by CASA. This exemption applies to a class of persons, specifically holders of ATC licences, and is therefore considered a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The instrument is in force from 1 August 2015 until the end of July 2018, at which point it will cease unless further extended by CASA. The exemption is limited to air traffic controllers operating at Sydney Airport and is specifically tailored to address the unique challenges posed by the infrequent use of the PRM system. CASA determined that further consultation was not necessary, and the instrument has been deemed compatible with human rights as it does not engage any of the applicable rights or freedoms. The instrument has been issued to ensure the safety of air navigation and to facilitate the maintenance of necessary skills for air traffic controllers operating under challenging conditions.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) include a provision under subregulation 65.025(1) that requires the holder of an air traffic control (ATC) licence or a flight service licence to perform the duties required by the relevant function at the aerodrome, or in relation to the airspace to which the endorsement relates, for at least 5 hours within the previous 21 days to satisfy the recency requirement for an endorsement. However, under subregulation 11.160(1) of CASR 1998, the Civil Aviation Safety Authority (CASA) has the power to grant an exemption from these requirements under certain conditions, particularly where it is in the interests of the safety of air navigation. This power is exercised through an instrument such as CASA EX118/15, which exempts the holder of an ATC licence from the recency requirements for the Precision Runway Monitoring (PRM) system at Sydney Airport, subject to specific conditions. The obligations imposed by this Act on the parties it governs are primarily concerned with maintaining the safety of air navigation. Under subregulation 11.205(1) of CASR 1998, CASA may impose conditions on any exemption granted. In the case of CASA EX118/15, the conditions include that the air traffic controller must perform at least 5 hours of duties within the previous 21 days, and Airservices Australia (AA) must advise CASA in writing of any proposed changes to the PRM Simulator (PRMS). CASA must then approve any such changes to ensure continued compliance with aviation safety standards. Furthermore, under regulation 11.225 of CASR 1998, any exemption must be published on the Internet, ensuring transparency and accessibility for all stakeholders. In terms of penalties and consequences, the Act does not explicitly state penalties for non-compliance with the conditions of the exemption. However, failure to adhere to the conditions could potentially lead to the revocation of the exemption, which would mean that the air traffic controller would have to meet the standard recency requirements for the PRM system. Additionally, under the Legislative Instruments Act 2003 (LIA), the exemption is subject to tabling and disallowance in the Parliament, which provides a further layer of oversight and accountability. The Act ensures that any legislative instrument, including CASA EX118/15, must be consistent with the broader legislative framework and human rights standards, as evidenced by the Statement of Compatibility with Human Rights provided.

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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.