Explanatory Statement
Civil Aviation Safety Regulations 1998
Repeal of CASA EX126/12— minimum runway width
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 235A (2) of the Civil Aviation Regulations 1988 (CAR 1988), the pilot in command of an aeroplane must not land at, or take-off from, a runway if the minimum runway width of the runway is less than the minimum runway width specified in instructions issued by CASA under subregulation 235A (1) for that aeroplane or the type in which the aeroplane is included.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that CASA may exempt a person, or class of persons, from compliance with a provision of CASR 1998. Subregulation 11.170 (3) provides that CASA must regard the preservation of a level of aviation safety that is at least acceptable as paramount. Regulation 11.205 provides that CASA may impose on an exemption any condition necessary in the interests of the safety of air navigation and set out that condition in an instrument of exemption.
Under subsection 33 (3) of the Acts Interpretation Act 1901 (the 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.
New CASA instructions on minimum runway widths came into effect on 1 March 2012 (instrument CASA 61/12).
The publication of the new instructions resulted in some unintended consequences for certain aeroplane operations and resulted in some aeroplane operators requiring exemptions for operations into aerodromes into which they were previously allowed to operate. The exemption CASA EX126/12 provided relief from the instructions to aeroplane operators conducting private, and aerial work, operations.
A new regulation 235A has been prepared and will come into effect on
13 November 2014. After the new commencement of the new regulation, exemption CASA EX126/12 will no longer be required. The aircraft the subject of the exemption will be able to operate under the new regulation.
Legislative Instruments Act
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations. 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. The instrument applies to a class of persons. The exemption was, therefore, a legislative instrument and subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).
As a result, the repeal of the exemption is also a legislative instrument.
Consultation
Consultation under section 17 of the LIA was undertaken with industry in connection with the replacement of regulation 235A.
In addition to extensive consultation on the amendments in the Civil Aviation Amendment (Narrow Runways) Regulation 2014, CASA published Notice of Proposed Change 139/05 (the NPC) on its website in March 2014. The NPC included details of the proposed changes to the Manual of Standards (MOS) — Part 139 Aerodromes relating to consequential changes following the Civil Aviation Amendment (Narrow Runways) Regulation 2014 and a draft MOS amendment instrument.
CASA received 16 responses to the NPC by 5 May 2014. CASA considered all of those responses received, and made some amendments to the draft instrument.
It is CASA’s view that no further consultation in relation to this instrument of repeal is necessary or appropriate.
Office of Best Practice Regulation (OBPR)
The Office of Best Practice Regulation assessed that the proposed replacement of regulation 235A will have minor impacts and that no further analysis in the form of a Regulation Impact Statement was required (OBPR ID: 13895, 17497 and 17793).
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The exemption has been issued by a delegate of CASA, in accordance with regulation11.260 of CASR 1998.
The instrument commences on 13 November 2014 immediately after the commencement of the Civil Aviation Amendment (Narrow Runways) Regulation 2014.
[Instrument number CASA EX146/14]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Repeal of CASA EX126/12 — minimum runway width
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
This legislative instrument repeals an exemption which is no longer required following the replacement of the provision against which it was granted.
The persons to whom the exemption applied will not be affected in any way by the repeal.
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