CASA EX137/14 - Repeal — exemptions for helicopters used in certain off-shore operations

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

Legislation au F2014L01418 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Repeal — exemptions for helicopters used in certain off-shore operations

Background

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.

 

In 1995, subregulations 178 (3) and (4) of the Civil Aviation Regulations 1988 (CAR 1988) prohibited an aircraft being flown at a height less than the lowest safe altitude, except in the circumstances described in subregulation 178 (5). Those circumstances include during take-off or landing, during an instrument approach procedure determined by CASA, and in accordance with instructions from air traffic control.

 

In 1995, CASA issued exemptions to 2 operators, Lloyd Helicopter Pty Ltd (instrument CASA 04/95) and Bristow Helicopters Australia Pty Ltd (instrument CASA 12/95), from compliance with subregulations 178 (3) and (4) of CAR 1988 during an instrument approach or departure procedure at an off-shore facility.

 

Regulation 178 has been extensively amended since 1995, such that an exemption from subregulations 178 (3) and (4) may no longer have the intended legal effect.

 

Currently, under subregulations 178 (1) and (2) of CAR 1988, the pilot in command is prohibited from flying an aircraft at a height lower than the published or determined lowest safe altitude, except in the circumstances described in subregulation 178 (4). Those circumstances include during an authorised instrument approach procedure determined by CASA.

 

CASA has since determined authorised instrument approach procedures to be used by 3 specified operators, including the operators to which CASA 04/95 and CASA 12/95 apply. Consequently, under subregulation 178 (4) of CAR 1988, the specified operators do not require an exemption from the requirements of subregulations 178 (1) and (2) of CAR 1988 to conduct those procedures.

 

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 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.

 

Repeal

This instrument repeals CASA 04/95 and CASA 12/95. Those instruments no longer refer to the correct provisions of CAR 1988, and the exemptions in the instruments are no longer required because updated instrument approach procedures have been determined by CASA.

 

Consultation

CASA has consulted with the affected operators, Lloyd Helicopters Pty Ltd and Bristow Helicopters Pty Ltd about the repeal of CASA 04/95 and CASA 12/95 in the context of the development and determination of authorised instrument approach procedures to replace those instruments. For this reason, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the Legislative Instruments Act 2003.

 

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).

 

Statement of Compatibility with Human Rights

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

 

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 and subsection 94 (1) of the Act.

 

The instrument commences on the day of registration.

 

[Instrument number CASA EX137/14]

Attachment 1

Statement of Compatibility with Human Rights

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

Repeal — exemptions for helicopters used in certain off-shore 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 purpose of this legislative instrument is to repeal CASA 04/95 and CASA 12/95, which are instruments granting exemptions to 2 aircraft operators from the requirements in subregulations 178 (3) and (4) of the Civil Aviation Regulations 1988 (CAR 1988), which prohibited an aircraft to be flown at a height less than the lowest safe altitude.

 

Following amendment of regulation 178 of CAR 1988, and the recent determination of authorised instrument approach procedures to be used by the operators, these exemptions are no longer required.

 

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, enacted to ensure the safety of air navigation in accordance with the Civil Aviation Act 1988, were amended by the instrument F2014L01418. This legislation addresses the issue of outdated exemptions previously granted to specific helicopter operators, Lloyd Helicopter Pty Ltd and Bristow Helicopters Australia Pty Ltd, which allowed them to conduct certain off-shore operations without fully complying with height restrictions during instrument approaches. The exemptions, CASA 04/95 and CASA 12/95, were rendered obsolete due to subsequent amendments to the Civil Aviation Regulations 1988 and the subsequent determination of authorised instrument approach procedures by the Civil Aviation Safety Authority (CASA). Consequently, the instrument repeals these exemptions as they are no longer necessary. The policy objective of this legislative instrument is to maintain the highest safety standards by ensuring that all aviation operations comply with current regulations, thereby protecting both the operators and the public.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended, govern the safety of air navigation in Australia, with specific provisions pertaining to the operation of aircraft, including helicopters, in various contexts. The regulations apply to all aircraft operators, including individuals and entities, within Australia and its territorial limits, ensuring compliance with safety standards to protect the public and maintain the integrity of the national airspace system. Exemptions and specific provisions, such as those repealed by F2014L01418, may be granted under subregulation 11.160(1) of the Civil Aviation Safety Regulations 1998, subject to conditions set by the Civil Aviation Safety Authority (CASA). The repealed exemptions, CASA 04/95 and CASA 12/95, originally allowed certain helicopter operators to deviate from altitude restrictions during instrument approach procedures at offshore facilities, but these exemptions are no longer necessary due to updated authorised instrument approach procedures determined by CASA. This repeal is effective from the date of registration and is part of CASA's ongoing efforts to ensure the currency and effectiveness of aviation safety regulations.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) (section 11.160(1)) provide that the Civil Aviation Safety Authority (CASA) may grant an exemption from a provision of the regulations, including the Civil Aviation Regulations 1988 (CAR 1988), in relation to a matter mentioned in subsection 98(5A) of the Civil Aviation Act 1988 (the Act). In 1995, CASA issued exemptions to two operators, Lloyd Helicopter Pty Ltd (instrument CASA 04/95) and Bristow Helicopters Australia Pty Ltd (instrument CASA 12/95), from compliance with subregulations 178(3) and (4) of CAR 1988 during an instrument approach or departure procedure at an offshore facility. However, Regulation 178 of CAR 1988 has been extensively amended since 1995. Consequently, the exemptions in CASA 04/95 and CASA 12/95 are no longer required as the specified operators no longer require an exemption from the requirements of subregulations 178(1) and (2) of CAR 1988 to conduct authorised instrument approach procedures determined by CASA. This legislative instrument therefore repeals CASA 04/95 and CASA 12/95. The obligations imposed by this legislative instrument on the parties it governs include compliance with the updated instrument approach procedures determined by CASA. Operators must ensure that they adhere to the lowest safe altitude requirements when conducting instrument approach or departure procedures at offshore facilities, as outlined in subregulations 178(1) and (2) of CAR 1988, and during authorised instrument approach procedures. The legislative instrument also requires operators to cease any reliance on the now-repealed exemptions and to ensure that their flight operations are conducted in accordance with the current regulatory framework. Additionally, CASA must ensure that the updated instrument approach procedures are communicated effectively to the affected operators and that any necessary training or guidance is provided to facilitate compliance. There are no specific offences, penalties, or civil/criminal consequences outlined in this legislative instrument for breach. However, non-compliance with the Civil Aviation Safety Regulations 1998 or the Civil Aviation Regulations 1988, including failure to adhere to the lowest safe altitude requirements, could result in enforcement action by CASA. Such action may include the issuance of a Notice of Violation, fines, suspension or revocation of an operator's certificate, or other regulatory measures. The specific consequences for non-compliance would depend on the nature and severity of the breach, as well as any relevant provisions in the Civil Aviation Act 1988 and associated regulations.

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Area of Law
Aviation Law
Instrument
Regulation
Concepts
Repeal & Amendment
Civil Aviation Safety
Regulatory Standards

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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.