CASA EX146/14 - Repeal of CASA EX126/12 — minimum runway width

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Legislation au F2014L01505 Not in force Legislative Instrument

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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

Overview

The Civil Aviation Safety Regulations 1998, as amended, govern various safety aspects of civil aviation in Australia, including the operational standards for aeroplanes and their landing and takeoff procedures. The Civil Aviation Amendment (Narrow Runways) Regulation 2014 was enacted to address a gap identified in the existing regulations concerning the minimum runway widths for certain aeroplanes, which arose following the introduction of new CASA instructions in 2012. These new instructions inadvertently caused operational challenges for some aeroplane operators, necessitating exemptions to maintain safety standards. The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue exemptions under specific conditions, ensuring the safety of air navigation. The repeal of exemption CASA EX126/12, which allowed certain aeroplanes to operate on narrower runways, reflects the transition to the new regulatory framework that came into effect on 13 November 2014. This repeal was subject to the Legislative Instruments Act 2003 and was implemented to align with the updated Civil Aviation Regulations, thereby ensuring continued adherence to safety standards without the need for ongoing exemptions.

Scope and Application

The Civil Aviation Safety Regulations 1998 apply to persons and entities involved in civil aviation activities within Australia, including pilots, aircraft operators, and aerodrome operators. The regulations cover the safety standards and operational procedures necessary to ensure the safety of air navigation. Subregulation 11.160 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to exempt certain persons or classes of persons from compliance with specific provisions of the regulations, provided that the exemption does not compromise the safety of air navigation. This authority extends to the issuance of legislative instruments under the Legislative Instruments Act 2003. The repeal of CASA EX126/12, which exempted certain aeroplane operations from minimum runway width requirements, reflects the replacement of these requirements by a new regulation. The repeal, effective from 13 November 2014, signifies that the exempted operations will now comply with the updated safety standards stipulated in the new regulation 235A.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) have been amended to repeal exemption CASA EX126/12, which was previously issued to allow certain aeroplane operators to conduct private and aerial work operations despite the new minimum runway width requirements set forth in CASA instrument CASA 61/12. The new regulation 235A, which came into effect on 13 November 2014, replaces the need for this exemption. This repeal is necessary because the new regulation provides adequate provisions for the operations previously covered by the exemption. Subsection 98(1) of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation, and subregulation 235A(2) of the Civil Aviation Regulations 1988 (CAR 1988) specifies that the pilot in command of an aeroplane must not land or take off from a runway if its width is less than the minimum specified in CASA instructions for that aeroplane or its type. Additionally, subregulation 11.160(1) of the CASR 1998 allows CASA to exempt a person or class of persons from compliance with a provision of the CASR 1998, provided that the preservation of an acceptable level of aviation safety is paramount, as stipulated in subregulation 11.170(3). The obligations and requirements imposed by the Act and the CASR 1998 on the parties governed by these regulations include ensuring compliance with the minimum runway width requirements specified by CASA. Pilots and aeroplane operators must adhere to the instructions issued by CASA to ensure the safety of air navigation. Moreover, CASA must consider the preservation of acceptable safety levels when issuing exemptions, as outlined in subregulation 11.170(3) of the CASR 1998. Exemption CASA EX126/12, which is now repealed, allowed certain operations to continue despite the new runway width requirements, but these operations will now need to comply with the new regulation 235A. There are no specific offences, penalties, or consequences mentioned for the breach of the provisions in the Civil Aviation Safety Regulations 1998, the Civil Aviation Regulations 1988, or the Civil Aviation Act 1988 in the context of this repeal. However, non-compliance with the safety regulations could potentially lead to enforcement actions, including fines and other penalties, as provided for in the relevant legislation. The repealed exemption CASA EX126/12 itself did not specify any penalties for non-compliance. The primary focus of the repeal is to ensure that all aeroplane operations adhere to the updated safety standards and regulations, thereby maintaining the high safety standards required in civil aviation.

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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.