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) provides that the Governor‑General may 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 (the MOS).
The MOS 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, 10.13.5.4 and 10.13.5.7 of the MOS, foreign registered civil aircraft are not permitted to participate in LAHSO.
CASA has decided to issue this exemption to allow Airbus A320 series aircraft operated by Air New Zealand Ltd of Auckland, New Zealand (Air New Zealand) to engage in either active or passive participation in LAHSO. Air New Zealand has Australia and New Zealand Aviation privileges and has been approved to engage in LAHSO by the New Zealand Civil Aviation Authority. 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
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
Air New Zealand has applied to renew instrument number CASA EX105/09, which expires at the end of 30 November 2011. Airservices Australia has also requested that CASA EX105/09 be renewed. This instrument replaces CASA EX105/09. Further consultation under section 17 of the LIA has not been undertaken in this case.
The instrument commences on 1 December 2011 and stops having effect at the end of 30 November 2014.
The exemption has been issued by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX120/11]