Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption – from standard take-off and landing minima – Thai Airways
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.
The determination of standard meteorological minima for take-off and landing is made in instrument CASA 70/11. The minimum visibility for take-off inside or outside Australian territory is 550 metres runway visibility. The minimum visibility for landing inside or outside Australian territory is 550 metres runway visual range. Runway visibility is as assessed by a trained observer. Runway visual range is measured by instrument and reported by Air Traffic Control.
An exemption is required to operate with visibility lower than the specified minima (low visibility operations or LVO).
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, or a provision of the Civil Aviation Orders (the CAOs), 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.
CASA issued an exemption (CASA EX89/10) for Thai Airways International Public Company Ltd, trading as Thai Airways (the operator), for the conduct of LVO in Australia. As a foreign aircraft operator, the operator must also conduct its operations in accordance with the approval to conduct LVO issued by the Department of Civil Aviation Thailand.
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 or the CAOs. 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 exemption applies to a class of aircraft. The exemption is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003 (the LIA).
Consultation
The operator has applied for renewal of a previous instrument issued for the same purpose (CASA EX89/10), which expires at the end of 31 October 2012. No further consultation under section 17 of the LIA has been undertaken in this case. The instrument is required by the operator to enable low visibility take-offs and landings inside Australian territory, consistent with the standards and requirements specified in the instrument which are not considered prejudicial to the interests of safety.
Human rights implications
The instrument sets out an exemption from legislative requirements as described above. It 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. It does not engage any of the applicable rights or freedoms, and is compatible with human rights as it does not raise any human rights issues.
Office of Best Practice Regulation (OBPR)
OBPR does not require preparation of a Regulation Impact Statement in this case because a preliminary assessment of business compliance costs in the context of the nature of a similar instrument indicates that it will have only a nil to low impact on business.
Commencement and making
The instrument commences on 1 November 2012. It stops having effect at the end of 31 October 2015.
The exemption has been made by a delegate of CASA under subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA EX156/12]