CASA EX25/07 - Exemption – Surveillance Australia Pty Ltd operations into Lord Howe Island

Overview

The Civil Aviation Regulations 1988 were enacted to establish a comprehensive regulatory framework for civil aviation in Australia, addressing various aspects of aviation safety and operations. This regulatory framework is underpinned by the Civil Aviation Act 1988, which provides the legislative basis for the regulation of civil aviation. The Act empowers the Governor-General to make regulations for the safety of air navigation, and it is within this legislative mandate that CASA (Civil Aviation Safety Authority) has issued various exemptions and directions to ensure compliance with safety standards. For instance, regulation 308 of the Civil Aviation Regulations 1988 allows CASA to exempt certain operations from specified provisions, provided that such exemptions do not compromise safety. Exemption CASA EX06/2005, which was renewed as CASA EX25/07, was introduced to address a specific operational need for Surveillance Australia Pty Ltd operating into Lord Howe Island. This exemption, now subject to the Legislative Instruments Act 2003, allows for the use of the runway end safety area (RESA) in calculating the available runway length for take-offs, thereby enhancing safety and accommodating the unique characteristics of the Lord Howe Island aerodrome. The exemption is effective until the end of May 2009 and does not require parliamentary disallowance as it renews a previous exemption without introducing new policy objectives.

Scope and Application

The Civil Aviation (Exemption) Regulations 2007, specifically Exemption CASA EX25/07, pertains to the operations of Surveillance Australia Pty Ltd, allowing them to conduct flights into Lord Howe Island with certain modifications to the Civil Aviation Regulations 1988 (CAR 1988). This exemption applies to the aircraft operated by Surveillance Australia Pty Ltd and the personnel associated with their operations. The exemption is geographically targeted at the Lord Howe Island aerodrome, thus it applies within the jurisdictional reach of the Commonwealth under the Civil Aviation Act 1988. The exemption modifies the standard requirements for take-off weight limitations by allowing the runway end safety area (RESA) to be included in the calculation of the length of runway available for take-offs, a condition that is unique to the aerodrome at Lord Howe Island due to the construction standard of its RESA. This exemption is in place to enhance safety by utilising the RESA which is built to the same standard as the runway, thereby effectively extending the available runway length for take-offs. The exemption is a legislative instrument under the Legislative Instruments Act 2003 and is subject to parliamentary scrutiny through tabling and disallowance provisions. Notably, the exemption excludes the need for consultation as stipulated under section 17 of the Legislative Instruments Act 2003, as it merely renews a previous exemption for the same operator.

Key Provisions

The Civil Aviation Regulations 1988, specifically in section 308, empower the Civil Aviation Safety Authority (CASA) to exempt certain aircraft or their operators from specific regulations under the Civil Aviation Act 1988 (section 98(1)) and to impose necessary conditions to ensure safety. This is particularly pertinent in the context of CASA EX06/2005, which was renewed to allow Surveillance Australia Pty Ltd to conduct operations into Lord Howe Island. The exemption, as outlined in the Civil Aviation Order 20.7.1B (CAO 20.7.1B), primarily concerns the calculation of the maximum take-off weights of aircraft, allowing for the inclusion of the runway end safety area (RESA) in the available runway length for take-offs (paragraph 4.1). This allowance is unique to the Lord Howe Island aerodrome, where the RESAs are constructed to the same standard as the runway itself, thereby enhancing safety and providing more runway length than would typically be available. Entities governed by the Civil Aviation Regulations 1988, such as Surveillance Australia Pty Ltd, must adhere to the conditions specified in CASA EX06/2005 to maintain compliance with aviation safety standards. The exemption stipulates specific details about the runway, including the departure end RESA, and outlines requirements to ensure the safety of operations. This includes compliance with safety measures and procedures set forth by CASA, ensuring that any deviations from standard regulations are balanced with adequate safety provisions. The entities must also ensure that their aircraft operations conform to the calculated take-off weights and landing distances, as detailed in CAO 20.7.1B. Failure to comply with the provisions outlined in CASA EX06/2005 can result in civil and criminal consequences. Under the Civil Aviation Act 1988, breaches of the Act or the Civil Aviation Regulations 1988 can lead to enforcement actions by CASA. Civil penalties can include fines, and in severe cases, criminal charges can be brought against individuals responsible for the breach. While the specific penalties are not detailed in the instrument, they can be significant, reflecting the importance of adhering to safety regulations in aviation. The exemption itself is subject to parliamentary oversight and disallowance under the Legislative Instruments Act 2003, which means that any potential legislative changes or disapproval by Parliament can affect its continued validity.