Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from standard take-off and landing minima – Singapore Airlines Ltd
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.
Legislation
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 subregulation 257 (3), it is an offence for an aircraft to take off 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 146/08. 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 500 metres (proposed to become 550 metres). If conditions are met, the minimum visibility for landing inside or outside Australian territory is 800 metres, or 550 metres RVR. An exemption would be required to operate with lower minimum visibility (low visibility operations or LVO).
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.
The exemption has been issued for Singapore Airlines Ltd of Singapore, Republic of Singapore (Singapore Airlines) for the conduct of LVO in Australia. Following the approval of Melbourne airport for Category II and Category III operations, which enables operations to be conducted to lower minima than was previously permitted under those exemptions, a review of the rules governing low visibility operations was conducted. The exemption states the minima for the various aeroplanes, as well as the conditions for their use. For instance, the use of the lower minima will require a higher standard of runway lighting (see clause 8 in Schedule 2).
In essence, the operator must ensure that specified visibility standards are met for take-offs and landings. These may be performed only at aerodromes properly equipped to support the LVO conducted under the exemption. As a foreign aircraft operator, Singapore Airlines must also conduct its operations in accordance with the approval to conduct LVO issued by the Singapore Aviation Department.
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 Singapore Airlines to enable low visibility take-offs and CAT II and CAT III landings inside Australia consistent with the standards and requirements specified in the instrument which are not considered prejudicial to the interests of safety.
Office of Best Practice Regulation
The exemption would be of beneficial effect to the operator. The Office of Best Practice Regulation 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 comes into effect on the day of registration. It stops having effect at the end of 30 April 2012.
[Instrument number CASA EX26/10]
Overview
The Civil Aviation Regulations 1988 (CAR 1988), enacted to govern the safety of air navigation in Australia, include provisions for setting meteorological minima for take-off and landing, which are mandated to ensure safe operations under various visibility conditions. The exemption provided under this Act allows Singapore Airlines Ltd to conduct low visibility operations (LVO) within Australia, which permits operations at lower visibility standards than those generally required. This exemption is crucial for enabling Category II and Category III operations at Melbourne Airport, which are operations that require specific equipment and standards to ensure safety. The exemption is made under the authority provided by Section 98 of the Civil Aviation Act 1988 and is subject to the safety considerations outlined in the CAR 1988. It has been enacted to facilitate operations by Singapore Airlines that align with international standards while ensuring that these operations do not compromise safety. The exemption is also subject to disallowance by the Parliament under the Legislative Instruments Act 2003, reflecting the importance of oversight in maintaining aviation safety standards.
Scope and Application
The exemption from standard take-off and landing minima for Singapore Airlines Ltd, as detailed in the Civil Aviation Regulations 1988 (CAR 1988), applies specifically to this airline's operations within Australia, enabling it to conduct low visibility operations (LVO) under specified conditions. This exemption allows Singapore Airlines to perform take-offs and landings at visibility levels lower than the standard minima, provided that certain conditions are met, such as adherence to higher standards of runway lighting and compliance with approval from the Singapore Aviation Department. This exemption is designed to align with the standards and requirements necessary for safe operations, ensuring that the interests of safety are not compromised. Geographically, the exemption applies to operations conducted within Australian territory, thereby extending the regulatory reach of the Civil Aviation Act 1988 and its associated regulations to international carriers operating within the country. The exemption is a disallowable instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in the Parliament, underscoring its legislative significance and the stringent oversight it is subject to.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) establish various standards and requirements for aviation safety, including meteorological minima for take-off and landing. Specifically, under subregulation 257(1), the Civil Aviation Safety Authority (CASA) can determine these meteorological minima, which must be published in the Aeronautical Information Publication (AIP) or Notice to Air Missions (NOTAMs). For instance, the minimum visibility for take-off can be 500 metres, while for landing, it is 800 metres, or 550 metres RVR. These are the standard minima, and any operation below these requires a specific exemption (subregulation 257(3)).
Further, under subregulation 308(1) of the CAR 1988, CASA has the authority to exempt aircraft or persons involved in the operation of the aircraft from certain provisions of the regulations. This exemption must be granted with careful consideration of safety interests (subregulation 308(2)) and may be subject to conditions deemed necessary for safety (subregulation 308(3)). The exemption issued to Singapore Airlines Ltd allows for low visibility operations (LVO) in Australia, provided certain conditions are met, such as the use of higher standard runway lighting (clause 8 in Schedule 2).
The exemption is also subject to the Legislative Instruments Act 2003 (LIA), which requires the exemption to be tabled and disallowable in Parliament. Despite this, consultation under section 17 of the LIA was not undertaken in this case, as the exemption is deemed necessary for Singapore Airlines to conduct low visibility take-offs and Category II and III landings in Australia, in line with the standards specified in the instrument. The Office of Best Practice Regulation has determined that this exemption will have a nil to low impact on business, thus not requiring a Regulation Impact Statement.
The exemption was made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73(2) of the Civil Aviation Act 1988. This exemption comes into effect on the day of registration and will cease to have effect at the end of 30 April 2012. Finally, any contravention of the conditions of this exemption is an offence, as stipulated in subregulation 308(3A) of the CAR 1988.