CASA EX129/14 - Repeal — exemption from standard take-off and landing minima (Air New Zealand)

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

Legislation au F2014L01370 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Repeal — exemption from standard take-off and landing minima (Air New Zealand)

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.

 

Under subregulation 257 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may determine the meteorological minima, that is the visibility requirements for landing or take‑off at an aerodrome. Under subregulation 257 (2), the determination must be published in AIP or NOTAMs. Under subregulations 257 (3) and (4), 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.

 

Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations, including CAR 1988, 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. 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. An instrument issued under paragraph 98 (5A) (a) of the Act is not a legislative instrument if the instrument is expressed to apply to a particular person or aircraft.

 

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 (AIA), 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.

 

Instrument

On 25 May 2012, CASA issued Air New Zealand Ltd (the operator) with an exemption from standard take-off and landing minima, commencing on 1 June 2012 (CASA EX82/12 refers). The exemption applied to the operator’s A320-232, B737-300, B747-400, B767-300 and B777-300 aircraft and allowed the conduct of low-visibility take-offs and CAT II and CAT III landings, in accordance with the operator’s Civil Aviation Authority of New Zealand approval.

 

The operator subsequently requested a reissue of the exemption to apply to B787-9 aircraft, while removing reference to B737-300 and B747-400 aircraft which had ceased service. Before the request for reissue was made, CASA conducted an internal review that determined that exemptions from regulation 257 of CAR 1988 did not concern a class of aircraft, since these exemptions are issued to, and applicable to, individual operators and are, therefore, not required to be legislative instruments. As a result of the internal review, for the purposes of the operator’s request, a new, separate non-legislative instrument of exemption for the operator’s A320-232, B767-300, B777-200, B777-300 and B787-9 aircraft will be issued and instrument CASA EX82/12 is repealed by this instrument.

 

Legislative Instruments Act

Instrument CASA EX129/14 repeals CASA EX82/12 which is an existing legislative instrument. Under subsection 33 (3) of the AIA, the relevant power of making for instrument CASA EX129/14 must be exercisable in a like manner to the instrument being repealed. Instrument CASA EX129/14 is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).

 

Consultation

The operator requested that CASA EX82/12 be amended to include B787-9 aircraft while removing B737-300 and B747-400 aircraft, which had retired from service. Accordingly, this instrument repeals CASA EX82/12 and, at the operator’s request, CASA will issue a separate non-legislative instrument covering the operator’s in-service A320-232, B767-300, B777‑200, B777-300 and B787-9 aircraft. CASA considers that no further consultation under section 17 of the LIA is appropriate or necessary.

 

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 for exemptions (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 the day of registration. It expires the day after registration, as if it had been repealed by another instrument.

[Instrument number CASA EX129/14]

Attachment 1

Statement of Compatibility with Human Rights

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

 

Repeal — exemption from standard take-off and landing minima (Air New Zealand)

 

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 repeals instrument CASA EX82/12, being an exemption for Air New Zealand Ltd (the operator) to use minima lower than the standard take-off and landing meteorological visibility minima determined by CASA.

 

CASA will issue a separate non-legislative instrument of exemption for the operator to undertake low-visibility take-offs and CAT II and CAT III landings in prescribed classes of aircraft.

 

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 enacted by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation in Australia. These regulations empower CASA to determine meteorological minima for take-off and landing at aerodromes, which must be published in the Aeronautical Information Publication (AIP) or Notices to Airmen (NOTAMs). The regulations also allow CASA to grant exemptions from certain provisions, including the meteorological minima, provided that such exemptions are in the interests of the safety of air navigation and are published on the Internet. The 1998 Regulations were introduced to address the need for comprehensive safety standards and to provide flexibility through exemptions where necessary, while ensuring that any exemptions do not compromise the overarching safety framework. This approach allows CASA to respond to specific operational requirements of individual operators while maintaining the highest safety standards. On 25 May 2012, CASA issued an exemption to Air New Zealand Ltd (the operator) from the standard take-off and landing minima for certain aircraft types, which was documented in instrument CASA EX82/12. The operator subsequently requested an amendment to this exemption to include the Boeing 787-9 aircraft while excluding the Boeing 737-300 and Boeing 747-400 aircraft, which had ceased service. Following an internal review, CASA determined that the original exemption did not concern a class of aircraft but rather was specific to individual operators, thus not necessitating a legislative instrument. Consequently, instrument CASA EX129/14 was issued to repeal CASA EX82/12 and a new non-legislative instrument will be issued to cover the operator's current fleet. This legislative instrument aligns with the Civil Aviation Act 1988 and the Acts Interpretation Act 1901, ensuring that the exemption process is conducted in a manner consistent with the repealed instrument and is subject to parliamentary oversight as required by the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by the instrument CASA EX129/14, pertain to Air New Zealand Ltd and its specific aircraft models, namely the A320-232, B767-300, B777-200, B777-300, and B787-9. This regulatory adjustment involves an exemption from the standard take-off and landing minima for meteorological visibility, which allows the operator to conduct low-visibility take-offs and CAT II and CAT III landings in accordance with the Civil Aviation Authority of New Zealand's approval. This exemption applies to the Commonwealth of Australia and is specific to the mentioned aircraft types, tailored to the operational needs of Air New Zealand. The exemption does not extend to the B737-300 and B747-400 models, which have been retired from service. The instrument CASA EX129/14, which repeals CASA EX82/12, is a legislative instrument subject to parliamentary tabling and disallowance, reflecting the formal nature of the regulatory change. The exemption itself is issued as a non-legislative instrument, indicating that it is specific to Air New Zealand rather than a broader class of operators or aircraft. This legislative instrument does not impose any exclusions or exemptions beyond the specified aircraft models and is compatible with human rights, as it does not engage any applicable rights or freedoms.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) include provisions that allow the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulations. Section 11.160(1) of the CASR 1998 allows CASA to grant an exemption from a regulation, including the Civil Aviation Regulations 1988 (CAR 1988), if the exemption relates to a matter mentioned in subsection 98(5A) of the Civil Aviation Act 1988 (the Act). These exemptions can apply to a person or a class of persons, and can be subject to conditions if necessary for the safety of air navigation (section 11.205(1) of CASR 1998). Exemptions must be published on the Internet and generally cease after three years unless a different duration is specified (regulation 11.225 and subregulation 11.230(1) of CASR 1998). The obligations imposed by this legislation on the parties it governs include the requirement for CASA to determine meteorological minima for landing or take-off at an aerodrome, which must then be published in the Aeronautical Information Publication (AIP) or Notices to Airmen (NOTAMs) (subregulation 257(1) and (2) of CAR 1988). Additionally, aircraft are prohibited from taking off or landing if any element of the determined meteorological minima is less than that specified for the aircraft at the aerodrome (subregulations 257(3) and (4) of CAR 1988). For the exemption granted to Air New Zealand, CASA must ensure that any exemption conditions are met to maintain the safety of air navigation (section 11.205(1) of CASR 1998) and that the exemption is published on the Internet (regulation 11.225 of CASR 1998). Breaches of the provisions related to meteorological minima for take-off and landing constitute an offence under subregulations 257(3) and (4) of CAR 1988. The specific penalties for such offences are not detailed in the provided text but typically involve substantial fines and potential imprisonment. For the purposes of the legislative instrument CASA EX129/12, which repeals CASA EX82/12, the instrument is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003 (LIA). The instrument has been made by a delegate of CASA relying on the delegation power under subregulation 11.260(1) of CASR 1998 and comes into effect on the day of registration.

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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.