CASA EX156/12 - Exemption - from standard take-off and landing minima - Thai Airways

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

Legislation au F2012L02064 Not in force Legislative Instrument

Legislation content

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]

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation in Australia, and are a crucial part of the regulatory framework under the Civil Aviation Act 1988 (the Act). Section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation, which includes setting meteorological minima for take-off and landing at aerodromes. These minima are detailed in instrument CASA 70/11, with standard visibility requirements of 550 metres for both take-off and landing. The Civil Aviation Safety Regulations 1998 provide the Civil Aviation Safety Authority (CASA) with the authority to grant exemptions from these standards, enabling certain operations to proceed under lower visibility conditions if safety can be maintained. This legislative instrument aims to facilitate low visibility operations for Thai Airways while ensuring that such operations do not compromise aviation safety, aligning with the overarching policy objective of maintaining high safety standards in air navigation.

Scope and Application

The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, apply to all aircraft operations within Australian territory, encompassing both domestic and foreign aircraft operators. Specifically, this Act empowers the Civil Aviation Safety Authority (CASA) to establish and enforce meteorological minima for take-off and landing at aerodromes, with a minimum visibility requirement of 550 metres runway visibility for take-off and 550 metres runway visual range for landing. These standards are integral to ensuring the safety of air navigation across Australia. However, under certain circumstances, CASA can grant exemptions from these standard minima, as exemplified by the exemption issued to Thai Airways International Public Company Ltd, trading as Thai Airways. This exemption allows the operator to conduct low visibility operations in Australia, subject to CASA's conditions and the operator's adherence to the standards specified by the Department of Civil Aviation Thailand. Such exemptions, which are legislative instruments subject to parliamentary scrutiny, are renewable and have a limited duration, typically not exceeding three years. This regulatory framework ensures that while the primary goal is to maintain high safety standards, flexibility is also provided to accommodate specific operational needs, thereby balancing safety with operational efficiency.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) contain provisions that allow the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory requirements, including take-off and landing minima, to ensure safety in air navigation (section 11.160(1)). These exemptions are subject to conditions that CASA deems necessary for the safety of air navigation (section 11.205(1)), and they must be published on the internet (regulation 11.225). The exemption granted to Thai Airways International Public Company Ltd (CASA EX89/10) allows the airline to conduct low visibility operations (LVO) in Australia, subject to conditions that ensure compliance with both Australian and Thai standards (section 11.230(1)). The obligations imposed by this exemption on Thai Airways are to adhere to the specified conditions and standards for conducting LVO in Australia, including obtaining approval from the Department of Civil Aviation Thailand (CASA EX89/10). The airline must also ensure that its operations meet the safety standards set by both CASA and the Thai authorities. Compliance with these conditions is essential to maintain the safety of air navigation and to prevent any breaches of the Civil Aviation Regulations 1988 (CAR 1998) that could result in legal or safety repercussions. Any breach of the conditions outlined in the exemption or the underlying regulations could result in significant consequences. For instance, if an aircraft takes off or lands in conditions that fall below the specified meteorological minima, this would be an offence under subregulation 257(3) and (4) of CAR 1988, potentially leading to penalties. The maximum penalties for such offences are not specified in the document, but they could include fines, imprisonment, or both, depending on the severity of the breach and its impact on aviation safety. Additionally, any failure to comply with the conditions of the exemption itself could result in enforcement actions by CASA, including the revocation of the exemption or other regulatory sanctions. The exemption is subject to the legislative framework established by the Civil Aviation Act 1988 (the Act) and the Legislative Instruments Act 2003 (the LIA). Under the Act, CASA has the authority to make regulations for the safety of air navigation, and the LIA governs the process for making legislative instruments, including exemptions. The exemption is therefore a legislative instrument that must be tabled and potentially disallowed by Parliament, as per sections 38 and 42 of the LIA. The exemption is also subject to the requirements of the Human Rights (Parliamentary Scrutiny) Act 2011, although it has been determined that it does not engage any applicable human rights or freedoms. Finally, the Office of Best Practice Regulation (OBPR) has assessed that this exemption will have a nil to low impact on business compliance costs.

Legal classification tags

Area of Law
Administrative Law
Aviation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Exemptions & Exclusions
Enforcement Powers
Regulatory Standards

Interactions

Authorises

All Versions

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.