CASA EX20/11 – Exemption — from standard take-off and landing minima – Qantas

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

Legislation au F2011L00381 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Exemption — from standard take-off and landing minima – Qantas

 

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 257 (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 was made in instrument CASA 237/10. The minima are also set out in AIP En Route 1.5, sections 4.3 and 4.4. If conditions are met, the minimum visibility for take-off inside or outside Australian territory is 550 metres. If conditions are met, the minimum visibility for landing inside or outside Australian territory is 800 metres, or 550 metres runway visual range. An exemption would be required to operate in lesser minimum visibility.

 

Under subregulation 308 (1) of 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. Under subregulation 308 (2), before making an exemption, CASA must take into account any relevant considerations relating to the interests of safety. Under subregulation 308 (3), CASA may make an exemption subject to any condition specified in the exemption as being necessary in the interests of safety. Under subregulation 308 (3A), it is an offence to contravene a condition of an exemption that is otherwise being relied upon for an operation.

 

CASA had issued an instrument (CASA EX68/10) exempting various aeroplanes operated by Qantas Airways Limited (Qantas) from the standard meteorological minima for take-off and landing. This instrument revokes and replaces that exemption. There have been 2 changes made to the terms of the previous exemption to clarify the pilot experience required to operate to the minima in Schedule 1.

 

The first change relates to Schedule 2, paragraph 3 (b). That paragraph in CASA EX68/10 required that a pilot conducting any low visibility operations (LVOs) was required to have successfully performed 2 autolands in the aircraft in at least CAT I conditions, including 1 such autoland performed during line training. Schedule 2, paragraph 3 (b) has been changed to clarify that this requirement only applies to a pilot who is conducting a low visibility landing, and does not apply to a pilot who is conducting a low visibility take-off.

 

The second change is to clarify the pilot experience required for a captain. Schedule 2, paragraph 4 (a) of CASA EX68/10 required that all captains have at least 100 hours experience as a pilot in command or in command under supervision or dual in the lefthand seat on the aircraft type with the operator. This requirement has been reduced to 50 hours for captains who are CAT III qualified on A330 or A380 aircraft and making an Airbus transition.

 

Among other conditions, the operator must ensure that specified visibility standards are met for take-offs and landings, which may be performed only at aerodromes properly equipped to support the LVOs conducted under the exemption. Flight crew training, experience, recency and competency must meet specified benchmarks. Aircraft equipment must be maintained. Operational restrictions and limitations must be observed. Appropriate foreign approvals for the operations must be obtained. A range of documents for inspection must be carried on board the aircraft.

 

Legislative Instruments Act

Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. Under subregulation 308 (4) of CAR 1988, an exemption is a disallowable instrument. 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 not been undertaken in this case. The instrument is required by Qantas to enable low visibility take-offs and CAT II and CAT III landings inside and outside Australian territory consistent with the standards and requirements specified in the instrument which are not considered prejudicial to the interests of safety. The instrument replaces instrument CASA 68/10 issued for the same purpose.

 

Office of Best Practice Regulation (OBPR)

The exemption would be of beneficial effect to the operator. The 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 the instrument indicates that it will have only a nil to low impact on business.

 

Making and commencement

The exemption has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.

 

The instrument commences on the day after it is registered. It stops having effect at the end of 31 August 2012.

 

[Instrument number CASA EX20/11]

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to ensure the safety of air navigation in Australia, as empowered by section 98 of the Civil Aviation Act 1988. This legislation allows the Governor-General to make regulations for the Act, with a primary focus on maintaining safety standards. The CAR 1988, under subregulation 257, grants the Civil Aviation Safety Authority (CASA) the authority to determine and publish meteorological minima for landing and take-off at aerodromes, which must be adhered to under penalty of offence unless exempted. CASA can exempt aircraft and associated persons from certain CAR 1988 provisions, provided safety considerations are met and conditions are specified. The instrument CASA EX20/11, which revokes and replaces CASA EX68/10, exempts Qantas Airways from standard meteorological minima for take-off and landing, subject to specific safety conditions including pilot experience, equipment maintenance, and operational restrictions. This exemption aims to facilitate low visibility operations for Qantas while ensuring safety, and it is subject to disallowance by Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 (the Act) provide the framework for the regulation of civil aviation in Australia, ensuring the safety of air navigation. Section 98 of the Act empowers the Governor-General to make regulations, and under subregulation 257, the Civil Aviation Safety Authority (CASA) determines the meteorological minima for take-off and landing at aerodromes, which must be published in the Aeronautical Information Publication (AIP) or Notices to Air Missions (NOTAMS). CASA can exempt aircraft, or persons associated with the operation of the aircraft, from specified provisions of the CAR 1988, provided that safety considerations are taken into account and any conditions specified in the exemption are met. CASA EX68/10, which was issued to exempt Qantas Airways Limited from standard meteorological minima for take-off and landing, has been revoked and replaced by CASA EX20/11, which refines the pilot experience required to operate under the exemption. This exemption is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, though consultation under section 17 of the LIA has not been undertaken as it is not required by Qantas to enable low visibility take-offs and CAT II and CAT III landings inside and outside Australian territory, provided these operations comply with the standards and requirements specified in the instrument and are not prejudicial to safety.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) contain provisions that allow the Civil Aviation Safety Authority (CASA) to exempt certain aircraft or persons from specific regulations, provided it is in the interests of safety. Section 308(1) of CAR 1988 empowers CASA to exempt aircraft, or persons associated with the operation of the aircraft, from certain provisions of the CAR 1988, while section 308(2) mandates that CASA must consider any safety-related factors before granting an exemption. Section 308(3) allows CASA to impose conditions on the exemption as necessary for safety, and section 308(3A) makes it an offence to contravene any conditions specified in the exemption. Under the authority of section 98 of the Civil Aviation Act 1988, CASA has issued an exemption (CASA EX20/11) for Qantas Airways Limited from the standard meteorological minima for take-off and landing. The exemption imposes several obligations on Qantas, including ensuring that specified visibility standards are met for take-offs and landings, which may only be performed at aerodromes properly equipped to support low visibility operations (LVOs). Flight crew must meet specified training, experience, recency, and competency benchmarks, aircraft equipment must be maintained, operational restrictions and limitations must be observed, and appropriate foreign approvals for the operations must be obtained. Qantas must also carry a range of documents for inspection on board the aircraft. CASA EX20/11 revokes and replaces CASA EX68/10, with two changes to the terms of the previous exemption to clarify the pilot experience required to operate to the minima in Schedule 1. Breaching the terms of CASA EX20/11 or any conditions specified in the exemption constitutes an offence under section 308(3A) of CAR 1988. Any contravention of the exemption may result in enforcement action by CASA, which could include fines, suspension or revocation of operating certificates, or other regulatory measures. The maximum penalties for offences under CAR 1988 are not specified in the explanatory statement but may be found in the relevant provisions of the Civil Aviation Act 1988 or other legislation. The exemption is a disallowable instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. CASA EX20/11 was made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73(2) of the Act, and it commences on the day after it is registered, ceasing to have effect at the end of 31 August 2012.

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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.