Explanatory Statement
Civil Aviation Safety Regulations 1998
Revocation of exemption from provisions in Part 173 of CASR 1998— instrument CASA EX82/11
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor‑General may make regulations for the Act and in the interests of the safety of air navigation.
Terminal instrument flight procedure design
Part 173 of CASR 1998 regulates the carrying out of design work on terminal instrument flight procedures (TIFP).
CASA EX82/11 exempted Naverus Inc, a certified designer of instrument flight procedures, from compliance with certain provisions in Part 173 of CASR 1998.
CASA EX82/11 has been revoked and replaced by another exemption. It is one in a series of exemptions issued to Naverus Inc. for the same purpose. Naverus Inc. an internationally recognized designer, as an innovator in its field follows practices in the design and publication of procedures that are not consistent with the requirements of Part 173. Although accepted as satisfactory in countries throughout the world, they are not in the public domain.
Exemptions from CASR 1998
Under regulation 11.160 of CASR 1998, CASA may grant an exemption from compliance with a provision of CASR 1998.
Application of Legislative Instruments Act 2003 (LIA)
Due to recent amendments of CASR 1998, exemptions issued under regulation 11.160 of CASR 1998 are now issued under subsection 98 (5A) of the Act. subsection 98 (5AB) of the Act states that an instrument issued under paragraph (a) of subsection (5A), referring to an instrument relating to the safe navigation and operation, or maintenance, of aircraft, is not a legislative instrument if it applies to a particular person. Instrument CASA EX82/11 was issued before subsections 98 (5A) and (5AB) applied to exemptions under regulation 11.160 and is a legislative instrument. CASA EX82/11 has to be revoked as stated above and for that purpose a legislative instrument is required.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The revoked exemption has been replaced by a new instrument which was issued at the request of the holder of the exemption and is substantially similar. This is part of a procedure of updating the instruments issued to Naverus Inc.
Human Rights Compatibility
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.
Commencement and delegation
The instrument of revocation commences on the day of registration.
The revocation has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX16/12]
Overview
The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of air navigation in Australia and to regulate various aspects of aviation, including the design of terminal instrument flight procedures. A notable gap addressed by these regulations involves the need for specific exemptions to accommodate the practices of internationally recognised designers like Naverus Inc, who may follow procedures not fully aligned with local regulatory requirements. This revocation of exemption CASA EX82/11, as outlined in F2012L00590, is a legislative instrument issued by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988. The policy objective is to ensure that while recognising the expertise and practices of international designers, they still adhere to necessary safety standards. The revocation of the exemption and its replacement with a new instrument reflects an ongoing effort to align international practices with local regulatory frameworks while maintaining the safety and efficiency of air navigation.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR 1998) provide comprehensive regulations for ensuring the safety of civil aviation in Australia. Part 173 of CASR 1998 specifically governs the design work on terminal instrument flight procedures (TIFP), which are critical for the safe navigation of aircraft. An exemption under regulation 11.160 of CASR 1998, previously granted to Naverus Inc., a certified designer of instrument flight procedures, has been revoked. This exemption, CASA EX82/11, allowed Naverus Inc. to deviate from certain regulatory requirements, although its practices were not publicly available and differed from the usual standards. The revocation of CASA EX82/11 and its replacement by another exemption reflect ongoing efforts to ensure compliance with safety regulations, despite the international recognition of Naverus Inc. as an innovator in its field. The revocation process is governed by the Civil Aviation Act 1988, and the new exemption is issued under subsection 98(5A) of the Act, which now applies to such safety-related instruments. This change in legislative framework underscores the importance of harmonising safety standards within Australia's aviation sector.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) set out the regulations governing civil aviation safety in Australia. Part 173 of CASR 1998 specifically addresses the design of terminal instrument flight procedures (TIFP). It mandates that certain design work on TIFP must adhere to specified standards to ensure the safety of air navigation. These regulations are crucial in maintaining high safety standards for aircraft operations in Australian airspace.
Under regulation 11.160 of CASR 1998, the Civil Aviation Safety Authority (CASA) has the authority to grant exemptions from compliance with certain provisions of CASR 1998. However, recent amendments under subsection 98(5A) of the Civil Aviation Act 1988 now require such exemptions to be issued in accordance with the Act rather than under CASR 1998. This change necessitates the revocation of existing exemptions that were issued prior to these amendments, such as CASA EX82/11, which was an exemption granted to Naverus Inc., a certified designer of instrument flight procedures.
Naverus Inc. was granted exemptions from certain provisions of Part 173 of CASR 1998, despite its design practices differing from the regulatory requirements. Although these practices are accepted internationally, they do not align with the specific requirements of CASR 1998. The revocation of CASA EX82/11 and its replacement by a new exemption under the updated legal framework ensures that Naverus Inc.'s practices remain compliant with Australian safety standards.
The revocation of CASA EX82/11 is not subject to consultation under section 17 of the Legislative Instruments Act 2003 (LIA) as the new exemption issued is at the request of Naverus Inc. and is substantially similar to the previous exemption. This process of updating the exemption instruments is intended to maintain consistency and compliance with current regulations. The Legislative Instrument does not engage any applicable rights or freedoms, and is thus compatible with human rights.
The revocation of CASA EX82/11, which is now a legislative instrument due to the recent amendments, comes into effect on the day of registration. This revocation was made by the Director of Aviation Safety on behalf of CASA, in accordance with subsection 73(2) of the Civil Aviation Act 1988. Failure to comply with the updated regulatory requirements could result in safety risks and potential non-compliance issues, highlighting the importance of adhering to the revised regulatory framework.