CASA EX168/15 - Exemption — Jetstar Boeing 787-8 and A321 aircraft participation in land and hold short operations

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

Legislation au F2015L01590 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — Jetstar Boeing 787-8 and A321 aircraft participation in land and hold short operations

 

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.

 

Subsection 98 (5A) of the Act provides that the regulations may empower CASA to issue instruments in relation to the following:

(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft; or

(b) the airworthiness of, or design standards for, aircraft.

 

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 the Civil Aviation Regulations 1988, or a provision of the Civil Aviation Orders 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 subregulation 172.065 (1) of CASR 1998, an air traffic service (ATS) provider must ensure that any service is provided in accordance with the specified standards, including, under paragraph (a), the standards set out in the Manual of Standards (MOS) – Part 172 (the MOS).

 

The MOS contains requirements relating to the conduct of land and hold short operations (LAHSO). These operations involve aircraft landing on 1 runway while another aircraft takes off or lands on an intersecting runway at the same time. The MOS contains requirements relating to the conduct of LAHSO. These requirements are contained in subsections 10.13.5.3, 10.13.5.4 and 10.13.5.7 of the MOS. Under subsections 10.13.5.3 and 10.13.5.4, participation in LAHSO is allowed only to aircraft in performance categories A, B and C. Airbus 321 and Boeing 787-8 aircraft are in performance category D.

 

Under subsection 10.13.5.7, pilots of foreign registered civil aircraft are not permitted to participate in LAHSO.

 

Instrument

CASA has decided to issue CASA EX168/15 in relation to the abovementioned subsections of the MOS so that an ATS provider can allow Airbus 321 and Boeing 787-8 aircraft operated by Jetstar Airways Pty Limited (Jetstar) to engage in LAHSO notwithstanding the restrictions that would otherwise apply. CASA considers that the specified aircraft are capable, under normal operating conditions, of complying with published LAHSO landing distances for runways within the Jetstar network.

 

The instrument replaces an exemption issued for this purpose (CASA EX29/14 refers, expiring at the end of September 2015).

 

A passive LAHSO allows an aircraft to use a runway while another aircraft is conducting an active LAHSO on an intersecting runway. An active LAHSO is a LAHSO in which an aircraft lands and stops short of the intersecting runway on which another operation is taking place. CASA has determined that Jetstar has sufficient experience to conduct both active and passive LAHSO when using Airbus 321 and Boeing 787-8 aircraft. As a result, CASA EX168/15 applies to both aircraft types.

 

Legislative Instruments Act 2003 (the LIA)

Exemptions issued under regulation 11.160 of CASR 1998 are issued under subsection 98 (5A) of the Act. Subsection 98 (5AA) of the Act states that an instrument issued under paragraph (5A) (a) is a legislative instrument if it applies to a class of persons or a class of aircraft. This exemption applies to a class of persons, being ATS providers.

 

As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

Jetstar has requested that CASA EX168/15 be issued to continue the LAHSO exemption arrangements for its A321 and B787-8 aircraft. CASA has assessed Jetstar’s application and is satisfied that Jetstar can safely conduct passive and active LAHSO. In CASA’s view, it is unnecessary or inappropriate to conduct further consultation under section 17 of the LIA.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Making and commencement

The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.

 

The instrument commences on 1 October 2015. It expires at the end of September 2018, as if it had been repealed by another instrument.

 

[Instrument number CASA EX168/15]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Exemption — Jetstar Boeing 787-8 and A321 aircraft participation
in land and hold short operations

 

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

The legislative instrument is granted to allow an air traffic services provider to permit the named operator’s Boeing 787-8 and Airbus 321 aircraft to engage in LAHSO operations. In other words, it allows the aircraft to use a runway in an operation in which it lands and holds short of an intersecting runway or to use a runway while another aircraft lands and holds short on an intersecting runway.

 

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, provide a framework for ensuring the safety of aviation operations in Australia. One such amendment, CASA EX168/15, addresses a specific operational procedure known as land and hold short operations (LAHSO) for certain Jetstar aircraft. Under the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) has the power to issue exemptions from certain regulatory provisions to enhance aviation safety. CASA EX168/15 was introduced to allow Jetstar's Boeing 787-8 and Airbus A321 aircraft to participate in LAHSO, despite the general prohibition for aircraft in performance category D and restrictions on foreign registered aircraft. CASA determined that Jetstar has the requisite experience and capability to safely conduct both active and passive LAHSO, thereby enabling these aircraft to use a runway while another aircraft takes off or lands on an intersecting runway. The exemption is subject to parliamentary scrutiny and is deemed compatible with human rights as it does not engage any of the applicable rights or freedoms.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended, provide the framework for ensuring the safety of air navigation in Australia, with the Civil Aviation Safety Authority (CASA) playing a central role in administering these regulations. Specifically, the authority to issue exemptions under subsection 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998) is derived from subsection 98(5A) of the Civil Aviation Act 1988 (the Act). This authority allows CASA to grant exemptions to persons or classes of persons, including air traffic services providers, in relation to matters affecting safe navigation, operation, airworthiness, or design standards of aircraft. The exemption CASA EX168/15 pertains to Jetstar Airways Pty Limited's Boeing 787-8 and Airbus 321 aircraft, allowing these aircraft to participate in land and hold short operations (LAHSO) despite the general restrictions outlined in the Manual of Standards (MOS). CASA determined that these aircraft are capable of safely conducting LAHSO under normal operating conditions, thus issuing this exemption to enable such operations within the Jetstar network. This exemption, effective from 1 October 2015 until the end of September 2018, replaces an earlier exemption (CASA EX29/14) and applies to both active and passive LAHSO scenarios.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide that the Civil Aviation Safety Authority (CASA) may grant an exemption from a provision of the Regulations or the Civil Aviation Orders if it is necessary in the interests of the safety of air navigation (subregulation 11.160(1)). This authority is derived from subsection 98(5A) of the Civil Aviation Act 1988 (the Act), which allows the Governor-General to make regulations for the Act and the safety of air navigation. The authority to issue exemptions is further defined in subregulation 11.160(2), which allows for the exemption to be granted to a person or a class of persons. Additionally, subregulation 11.205(1) of the CASR 1998 permits CASA to impose conditions on an exemption if necessary for safety. Under the CASR 1998, an air traffic service (ATS) provider must ensure that any service is provided in accordance with specified standards, including those set out in the Manual of Standards (MOS) – Part 172 (MOS). The MOS contains requirements for the conduct of land and hold short operations (LAHSO), which involve aircraft landing on one runway while another aircraft takes off or lands on an intersecting runway at the same time. Specifically, subsections 10.13.5.3, 10.13.5.4, and 10.13.5.7 of the MOS establish restrictions on LAHSO participation, such as limiting it to aircraft in performance categories A, B, and C, and prohibiting foreign registered aircraft from participating. However, CASA has issued CASA EX168/15 to allow Airbus 321 and Boeing 787-8 aircraft operated by Jetstar Airways Pty Limited to engage in LAHSO, despite these restrictions, as CASA considers these aircraft capable of complying with the published LAHSO landing distances. CASA EX168/15 exempts Jetstar's Boeing 787-8 and Airbus 321 aircraft from certain MOS requirements, permitting them to participate in both active and passive LAHSO operations. This exemption applies to ATS providers and is subject to tabling and disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. The exemption is based on CASA's assessment of Jetstar’s application and its determination that Jetstar has sufficient experience to conduct LAHSO safely. CASA has determined that further consultation under section 17 of the LIA is unnecessary or inappropriate. The exemption is also accompanied by a Statement of Compatibility with Human Rights, confirming that the legislative instrument does not engage any applicable rights or freedoms. Breaches of the Civil Aviation Safety Regulations 1998 may result in civil or criminal penalties. Under section 13 of the Civil Aviation Act 1988, a person who contravenes a regulation may be liable to a fine of up to 60 penalty units (approximately AUD 11,000) for an individual and up to 300 penalty units (approximately AUD 55,000) for a body corporate. Additionally, CASA may issue infringement notices for minor regulatory breaches, with penalties that can reach up to 10 penalty units (approximately AUD 1,850). Furthermore, serious breaches that endanger safety may lead to prosecution under the Act, potentially resulting in more severe penalties, including imprisonment. The specific penalties depend on the nature and severity of the breach.

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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.