CASA EX123/11 - Exemption - carriage of passengers on EADS CASA 212-400 aircraft within Antarctica

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation and provide a regulatory framework for civil aviation in Australia. This regulation empowers the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with certain provisions of CASR 1998, provided that it does not compromise the acceptable level of safety. Skytraders Pty Ltd operates two EADS CASA 212-400 aircraft modified for Antarctic conditions, which have been issued with restricted category certificates of airworthiness. While these aircraft are generally prohibited from charter operations involving the carriage of passengers and cargo under subregulation 262AL(3) of the Civil Aviation Regulations 1988, CASA is satisfied that the aircraft can safely transport passengers and cargo within Antarctica under specific conditions. The exemption allows these aircraft to be used for transporting passengers and cargo within Antarctica under a contract with the Australian Antarctic Division, provided they do not exceed a maximum take-off weight of 8,470 kg. This legislative instrument, subject to tabling and disallowance under the Legislative Instruments Act 2003, is a remake of previous exemptions and is effective from the day after registration until the end of March 2012.

Scope and Application

The Civil Aviation Safety Regulations 1998, under the authority provided by the Civil Aviation Act 1988, allow for exemptions from certain provisions of the regulations to be granted by the Civil Aviation Safety Authority (CASA) in specific circumstances where the preservation of an acceptable level of safety can be assured. In this case, CASA has issued an exemption that permits Skytraders Pty Ltd to operate its two EADS CASA 212-400 aircraft for the carriage of passengers and cargo within Antarctica, a region where these aircraft have been modified to operate safely under the extreme conditions. This exemption applies solely to operations within Antarctica and is subject to a maximum take-off weight of 8,470 kg, ensuring that the safety standards are maintained. The exemption is in force until the end of March 2012 and may be subject to conditions, including publication and disallowance under the Legislative Instruments Act 2003. The exemption does not extend to charter operations from Australia to Antarctica, maintaining strict adherence to the regulatory framework that governs such activities.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) contain provisions that allow the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with certain regulations under specific conditions. Section 11.160(1) of the CASR 1998 empowers CASA to grant exemptions, with the paramount consideration being the preservation of an acceptable level of safety. This means that while certain regulations might generally apply, exceptions can be made if CASA determines that doing so will not compromise safety. Section 11.160(3) further clarifies that CASA may grant these exemptions on its own initiative, without the need for an application from the party seeking the exemption. Additionally, Section 11.205(1) allows CASA to impose conditions on any exemption granted, ensuring that the exemption does not negatively impact the safety of air navigation. The exemption granted to Skytraders Pty Ltd, for example, is subject to specific conditions that must be met to ensure safe operations within Antarctica. The obligations imposed by this Act on the parties involved are quite specific. Skytraders Pty Ltd, as the operator of the CASA 212-400 aircraft, must adhere to the conditions set forth in the exemption granted by CASA. These conditions are designed to ensure that the aircraft operate safely under the unique conditions of Antarctica. Moreover, under Section 11.210 of the CASR 1998, it is an offence to fail to comply with any condition of an exemption, meaning that any breach of the conditions can lead to legal consequences. Furthermore, Section 11.225 requires that the exemption be published on the internet, ensuring transparency and accessibility for all relevant parties. The operator must also ensure that the aircraft do not exceed a maximum take-off weight of 8,470 kg, as specified in the exemption. The consequences for non-compliance with the conditions of the exemption are significant. Section 11.210 of the CASR 1998 makes it an offence to fail to comply with a condition of an exemption. This means that any breach of the specified conditions can result in legal action being taken against Skytraders Pty Ltd. Additionally, the exemption itself is time-limited, ceasing to have effect no later than three years from its commencement, as outlined in Section 11.230(1) of the CASR 1998. For this exemption, it is also important to note that it will cease to have effect at the end of March 2012, unless otherwise specified. Any failure to adhere to these conditions can result in severe penalties, both civil and criminal, depending on the nature and severity of the breach.