CASA EX131/13 - Exemption — Jetstar Boeing 787-8 aircraft passive participation in land and hold short operations

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

Legislation au F2013L02082 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — Jetstar Boeing 787-8 aircraft 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.

 

Subsection 98 (5A) of the Act provides that the regulations may empower CASA to issue instruments in relation to the following:

(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft; or

(b) the airworthiness of, or design standards for, aircraft.

Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A), CASA may grant an exemption from a provision of the Regulations, including the Civil Aviation Regulations 1988, 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 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 — Air Traffic Services (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 subsection 10.13.5.4 of the MOS, Australian civil aircraft of performance category A, B or C are permitted to participate in passive LAHSO at pilot discretion.

 

The instrument is granted to allow an ATS provider to permit the named operator to engage in passive LAHSO with B787-8 aircraft, which are in performance category D, the most demanding performance category. By doing so, it allows the aircraft to use a runway if another aircraft is conducting an active LAHSO on an intersecting runway but does not allow the aircraft itself to conduct an active LAHSO. An active LAHSO is a LAHSO in which an aircraft lands and stops short of an intersecting runway without utilising the full length of the runway. Participation in passive LAHSO by the aircraft will not require the B787-8 aircraft to meet any additional performance requirements.

 

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

Consultation under section 17 of the LIA had not been undertaken before the issue of this instrument. The instrument is the second exemption granted to allow an ATS provider to permit the named operator to participate in LAHSO (see instrument CASA EX104/11 in respect of A-321 aircraft). It is similar to exemptions granted in respect of other operators and has proved beneficial for the provision of air traffic services. In addition, the exemption permits passive LAHSO only which does not impose additional operational requirements on the relevant aircraft.

 

Statement of Compatibility with Human Rights

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

 

Making and commencement

The exemption 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 at the end of 30 November 2016, as if it had been repealed by another instrument.

 

[Instrument number CASA EX131/13]

Attachment 1

Statement of Compatibility with Human Rights

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

 

Exemption — Jetstar Boeing 787-8 aircraft participation
in land and hold short operations

 

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 is granted to allow an ATS provider to permit the named operator’s Boeing 787-8 aircraft to engage in passive LAHSO operations.

 

In other words, it allows the aircraft to use a runway if another aircraft is conducting an active LAHSO on an intersecting runway but does not allow the aircraft itself to conduct an operation in which it lands and holds short of an intersecting runway.

 

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 (CASR 1998) were enacted to ensure the safety of air navigation, maintenance, and operation of aircraft, as well as their airworthiness and design standards. These regulations were made under the authority provided by the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the safety of air navigation. The Act also allows the Civil Aviation Safety Authority (CASA) to issue instruments in relation to matters affecting safe navigation, operation, maintenance of aircraft, or their airworthiness and design standards. The problem or gap the Act addresses is the need for comprehensive safety regulations governing all aspects of civil aviation in Australia, ensuring that the highest standards are maintained to protect the public and enhance the efficiency of air travel. The CASR 1998, along with the Civil Aviation Act 1988, forms the backbone of Australia's aviation safety regulatory framework, overseen by the Parliament and CASA.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) grant the Civil Aviation Safety Authority (CASA) the authority to issue exemptions under certain conditions, as outlined in the Civil Aviation Act 1988. This particular exemption, granted under the authority provided by subsection 98(5A) of the Act, pertains to Jetstar's Boeing 787-8 aircraft participating in land and hold short operations (LAHSO). The exemption allows these aircraft to engage in passive LAHSO, where they can use a runway if another aircraft is conducting an active LAHSO on an intersecting runway, but it does not permit the Boeing 787-8 aircraft to conduct active LAHSO themselves. This regulation applies nationally within Australia and is subject to the conditions imposed by CASA, ensuring safety standards are maintained. Exemptions such as these are subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003 and are in line with the human rights standards as affirmed in the Statement of Compatibility with Human Rights.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide a framework for ensuring the safe navigation and operation of aircraft, among other safety provisions. Under subsection 11.160(1) of the CASR 1998, the Civil Aviation Safety Authority (CASA) can grant exemptions from certain regulations, including the Civil Aviation Regulations 1988 and the Civil Aviation Orders, if it is necessary for the safety of air navigation. Subregulation 11.160(2) further explains that these exemptions may apply to a person or a class of persons, and they can be specified by reference to certain characteristics. Importantly, any exemption granted under these provisions must be published on the internet, as per regulation 11.225, and it will cease no later than three years after its commencement, unless a specific end date is provided, as detailed in subregulation 11.230(1). The obligations imposed by the Act and the CASR 1998 on parties and entities are primarily focused on ensuring the safety of air navigation. An Air Traffic Service (ATS) provider must ensure that their services are provided in accordance with specified standards, including those outlined in the Manual of Standards Part 172 — Air Traffic Services (MOS). Under the MOS, certain requirements are set for the conduct of land and hold short operations (LAHSO). Australian civil aircraft of performance categories A, B, or C are permitted to participate in passive LAHSO at the pilot's discretion, as per subsection 10.13.5.4 of the MOS. The exemption under consideration allows Jetstar's Boeing 787-8 aircraft, which fall under performance category D, to engage in passive LAHSO. This means the aircraft can use a runway if another aircraft is conducting an active LAHSO on an intersecting runway but cannot conduct an active LAHSO itself. Breaches of the provisions outlined in the CASR 1998 can lead to several consequences. For instance, failure to comply with the standards set for air traffic services can result in significant safety risks. While the specific offences, penalties, or civil/criminal consequences are not detailed in the explanatory statement, non-compliance with aviation safety regulations generally can lead to enforcement actions by CASA. These actions can include fines, suspension or revocation of licences, and other regulatory measures designed to ensure compliance and maintain the high safety standards required in the aviation industry. The maximum penalties for such breaches can vary, but they are typically substantial to ensure deterrence and uphold the safety of air navigation.

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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.