Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — certified aerodrome operators
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.
Regulation 139.165 of the Civil Aviation Safety Regulations 1998 provides that the operator of a certified aerodrome must ensure that the physical characteristics of the movement area of an aerodrome comply with standards set out in the Manual of Standards for Part 139 (MOS Part 139).
Paragraph 11.1.4 of MOS Part 139 establishes the general requirements applicable to airways facilities for the assurance of acceptable performance of each particular facility. Paragraph 11.1.4.1 also provides that any potential infringement by an aerodrome operator on the siting criteria for existing or planned facilities is to be referred to Airservices Australia (AA) by the aerodrome operator. The responsibility of the aerodrome operator in that respect is further amplified in paragraph 11.1.4.3, including the responsibility to ensure that AA is consulted on proposed aerodrome works, developments or temporary constructions which may affect such airways facilities.
Paragraphs 11.1.6 to 11.1.15.3 (inclusive) of MOS Part 139 set out the standards for siting requirements, including the clearance areas and the dimensions of restricted areas around the sites for airways facilities at certified or registered aerodromes. The type of airway facilities covered under the siting standards are navigation aid facilities, terminal area radar facilities and communication facilities used for aircraft control, guidance and for air traffic control. They take the form of specified siting requirements and the dimensions of restricted areas around the sites necessary to ensure that radio transmissions are not unacceptably affected by other aerodrome infrastructure, buildings, vehicles or personnel.
The relevant standards in MOS Part 139 are generic in that they are based on acceptable operation at all locations under normal conditions. However, it is known by AA that depending on the location and the type of facility and the proposed aerodrome development, the dimensions of some of the restricted areas may be infringed without leading to unacceptable technical and/or operational affect to the functional performance of the facility. The general exemption will overcome the need for an individual operator to apply for exemption to the existing site clearance requirements that was acceptable to AA, but was not in compliance with the MOS Part 139 standards.
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. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instuments Act 2003 (the LIA). The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has been undertaken with AA, the agency mainly affected. Consultation with aerodrome operator representatives was not undertaken. The example is an interim measure to allow for amendment of the MOS Part 139.
Human Rights Compatibility Statement
This legislative instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.
Making and commencement
The instrument commences on the day after registration and stops having effect at the end of May 2013.
The exemption has been issued by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX159/12]
Overview
The Civil Aviation Safety Regulations 1998 (Cth) were enacted to ensure the safety of air navigation and to establish regulations for the Civil Aviation Act 1988 (Cth). These regulations address a gap in ensuring that certified aerodrome operators meet specific safety standards while allowing flexibility in certain circumstances. The Civil Aviation Safety Regulations 1998 were enacted by the Parliament of Australia to provide comprehensive safety regulations for civil aviation. The problem or gap these regulations were introduced to address includes ensuring that aerodrome operators meet the necessary safety standards as outlined in the Manual of Standards for Part 139, while also accommodating practical situations where strict adherence to the standards may not be necessary. The policy objective is to balance safety with operational efficiency, allowing aerodrome operators to undertake necessary developments without the need for individual exemptions, provided the technical and operational impacts are acceptable.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by the instrument F2012L02072, provides an exemption from certain regulatory requirements for certified aerodrome operators, specifically regarding the physical characteristics of the movement area and compliance with the standards set out in the Manual of Standards for Part 139 (MOS Part 139). This exemption applies to operators of certified aerodromes in Australia, including those involved in the construction, development, or maintenance of aerodrome infrastructure. The exemption allows for deviations from the MOS Part 139 standards when it is determined by Airservices Australia (AA) that such deviations would not unacceptably affect the performance of airway facilities. The exemption applies to a class of persons and aircraft, and as a legislative instrument, it is subject to the tabling and disallowance provisions of the Legislative Instruments Act 2003. It is important to note that this exemption is temporary, set to expire at the end of May 2013, and serves as an interim measure pending amendments to the MOS Part 139. The exemption was developed following consultation with AA, the primary agency affected, but no consultation was undertaken with aerodrome operator representatives. The exemption does not engage any applicable rights or freedoms and is compatible with human rights.
Key Provisions
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, mandate that the operator of a certified aerodrome must ensure compliance with the physical characteristics of the movement area, as set out in the Manual of Standards for Part 139 (MOS Part 139). Specifically, Regulation 139.165 requires these standards to be met, while paragraph 11.1.4 addresses general requirements for airways facilities and paragraph 11.1.4.1 stipulates that any potential infringement on siting criteria for existing or planned facilities must be referred to Airservices Australia (AA). Paragraph 11.1.4.3 further elaborates on the responsibility of aerodrome operators to consult AA on proposed works or developments that may affect airways facilities. Additionally, paragraphs 11.1.6 to 11.1.15.3 detail specific standards for siting requirements, clearance areas, and dimensions of restricted areas around sites for navigation aid facilities, terminal area radar facilities, and communication facilities.
Under this Act, certified aerodrome operators bear the responsibility to ensure that their aerodromes comply with the standards set out in MOS Part 139. This includes consulting AA on any proposed aerodrome works or developments that may affect airways facilities. The obligation extends to notifying AA of any potential infringements on the siting criteria for existing or planned facilities. These obligations are critical for maintaining the safety and operational effectiveness of aerodromes in relation to airways facilities.
Breaches of the Civil Aviation Safety Regulations 1998 can result in significant consequences. Although specific offences and penalties are not detailed in the explanatory statement, non-compliance with these regulations can lead to enforcement actions, including potential fines and sanctions. The severity of these penalties can vary depending on the nature and extent of the breach, with serious non-compliance potentially leading to more severe penalties. The exemption provided under subsection 98(5A) of the Civil Aviation Act 1988 is subject to tabling and disallowance in Parliament, as per sections 38 and 42 of the Legislative Instruments Act 2003. This legislative instrument, which aims to grant an exemption from certain compliance requirements, is designed as an interim measure pending amendments to MOS Part 139 and will cease to have effect by the end of May 2013.