Explanatory Statement
Civil Aviation Regulations 1988
Exemption — Eastern Australia Airlines Pty Limited operations into Lord Howe Island
Legislation
Under subsection 98 (1) of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Under regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of the aircraft, from compliance with specified provisions of CAR 1988. Subregulation 308 (3) of CAR 1988 provides that CASA can impose conditions necessary in the interests of safety.
Subregulation 235 (2) of CAR 1988 provides that CASA may, for the purposes of ensuring the safety of air navigation, give directions setting out how to determine the maximum take‑off and landing weights of an aircraft. These are given by paragraph 4.1 of Civil Aviation Order 20.7.1B (CAO 20.7.1B), which provides for the determination of take‑off weight limitations, paragraph 5.1 which provides for the determination of landing weight limitations and paragraph 11.1 which provides for the landing distance required.
CASA Exemption EX05/07 was issued to allow Eastern Australia Airlines Pty Limited to operate to Lord Howe Island with some modifications of the abovementioned paragraphs. The instrument expires at the end of February 2008. This instrument replaces that exemption. Due to amendments of CAO 20.7.1B, the exemption now applies only to paragraph 4.1 to allow the runway end safety area (RESA) at the Lord Howe Island aerodrome to be taken into account when calculating the length of runway available for take‑off.
A RESA is an area symmetrical about the extended runway centre-line, primarily intended to reduce the risk of damage to an aeroplane undershooting or overrunning the runway. Generally, a RESA cannot be taken in account in the length of runway available for take‑offs. Its bearing strength is often less than the bearing strength of the runway.
At Lord Howe Island, the RESAs are constructed to an equivalent standard to the runway. It is, therefore, acceptable for the departure end RESA to be used for take-offs, and is a safety enhancement that provides for more runway length than would otherwise be available.
The exemption allows the RESA to be used for this purpose. It also contains particulars of the relevant runway 10/28 and requirements to ensure the safety of operations under the exemption.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. The exemption is, therefore, a legislative instrument for section 5 of the Legislative Instruments Act 2003 (the LIA). 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 not been undertaken in this case. The instrument is a renewal of a previous instrument which ceases to have effect at the end of February 2008.
The instrument commences on 1 March 2008 and stops having effect at the end of February 2010.
The exemption has been made by a delegate of CASA in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX19/08]
Overview
The Civil Aviation Regulations 1988 (CAR 1988), enacted by the Parliament of Australia, aim to ensure the safety of air navigation and the protection of airspace users. This regulatory framework is complemented by the Civil Aviation Act 1988, which grants the Civil Aviation Safety Authority (CASA) the authority to issue exemptions and regulations under subsection 98(1). CASA Exemption EX19/08, issued under regulation 308 of CAR 1988, specifically targets the operations of Eastern Australia Airlines Pty Limited into Lord Howe Island. The exemption, which replaces a previous exemption (CASA EX05/07), allows for modifications to the determination of take-off weight limitations, particularly concerning the runway end safety area (RESA) at the Lord Howe Island aerodrome. This amendment acknowledges the enhanced construction standards of the RESA, permitting its use for take-offs, thereby enhancing safety by increasing the effective runway length available. The exemption, which operates from March 1, 2008, to the end of February 2010, is subject to the Legislative Instruments Act 2003 and can be disallowed by Parliament.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) empower the Civil Aviation Safety Authority (CASA) to issue exemptions to certain provisions of the regulations, with the overarching aim of ensuring the safety of air navigation. Specifically, CASA Exemption EX19/08 applies to Eastern Australia Airlines Pty Limited, allowing the airline to operate into Lord Howe Island with modifications to the determination of the maximum take-off weights of its aircraft. This exemption applies to aircraft operated by the airline, as well as to persons involved in the operation of these aircraft. The exemption is geographically limited to operations into Lord Howe Island, and it expires at the end of February 2010. CASA can impose conditions on this exemption to ensure safety, and the exemption is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. Notably, this exemption does not require consultation under the Legislative Instruments Act as it is a renewal of a previous exemption.
Key Provisions
The main operative sections of this legislation pertain to the exemption granted to Eastern Australia Airlines Pty Limited (EAA) for operations into Lord Howe Island. Specifically, the exemption is issued under subsection 98(1) of the Civil Aviation Act 1988, allowing for the creation of regulations to ensure the safety of air navigation. Regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988) provides the authority for the Civil Aviation Safety Authority (CASA) to exempt certain operations from specified provisions of CAR 1988. This exemption, CASA EX19/08, allows EAA to operate into Lord Howe Island with modifications to the take-off weight limitations as specified in paragraph 4.1 of Civil Aviation Order 20.7.1B (CAO 20.7.1B). The exemption is also subject to conditions that are necessary to maintain safety standards, and it incorporates requirements for the runway end safety area (RESA) at Lord Howe Island, which can now be used for take-off calculations due to its equivalent construction standard to the runway.
The obligations imposed by this Act primarily revolve around the need for EAA to adhere to the specified conditions outlined in CASA EX19/08 to ensure the safety of air navigation. These conditions include the use of the RESA for take-off calculations and the implementation of any other safety measures deemed necessary by CASA. Additionally, EAA must comply with the provisions of CAO 20.7.1B, particularly those related to determining the maximum take-off weights of aircraft. The exemption also mandates that any operations conducted under its authority must maintain the highest standards of safety, consistent with the overarching goal of the Civil Aviation Act 1988.
Offences and penalties for non-compliance with this legislation are significant. Under subregulation 308(4) of CAR 1988, an exemption such as CASA EX19/08 is considered a disallowable instrument, meaning it is subject to tabling and potential disallowance in the Parliament as per sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). Furthermore, failure to adhere to the conditions of the exemption or to the broader safety requirements of CAR 1988 could result in civil or criminal consequences. While specific penalties are not detailed in the provided text, non-compliance with civil aviation regulations generally can lead to enforcement actions, fines, and potential criminal charges, depending on the severity and impact of the breach.