Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Safety Regulations 1998
Exemption — operations into Aurukun, Lockhart River and Palm Island aerodromes
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.
Under subregulation 92A (1) of the Civil Aviation Regulations 1988 (CAR 1988), the pilot in command of a large RPT aircraft (over 30 seats or 3 400 kg weight) may not land at, or take off from, an unlicensed aerodrome. However, under subregulation 92A (2), the pilot may do so outside Australian territory if he or she complies with subregulation 92A (4).
Under subregulation 92A (3) of CAR 1988, a smaller RPT aircraft (equal to, or less than, 30 seats or 3 400 kg weight) may not land at, or take off from, an unlicensed aerodrome unless subregulation 92A (4) or (4A) are complied with.
Subregulations 92A (4) and (4A) of CAR 1988 require that the aerodromes meet the standards specified in subregulation 92A (5). These concern physical characteristics, markings, wind direction and lighting equipment, reporting officers and the arrangements in place to notify of regulation 139.55 of the Civil Aviation Safety Regulations (CASR 1998) arrangements. These arrangements concern aerodrome changes that may affect safety.
Under subregulation 308 (1) of CAR 1988, CASA may exempt an aircraft or a person from compliance with specified provisions of CAR 1988. Under subregulation 308 (3) of CAR 1988, an exemption may be subject to conditions in the interests of safety.
Under subregulation 11.160 (1) of CASR 1998, CASA may grant an exemption from compliance with a provision of CASR 1998. Under subregulation 11.160 (2), the exemption may be for a class of persons and may specify the class by reference to membership of a specified body or any other characteristic.
Under subregulation 139.040 (3) of CASR 1998, a person must not operate an aerodrome that has a runway that is suitable for use by aircraft having a maximum passenger seating capacity of more than 30 seats, or a maximum carrying capacity of more than 3 400 kg, and is available for use in regular transport or charter operations if the aerodrome is not a certified aerodrome.
Aurukun, Lockhart River and Palm Island aerodromes all operate as registered aerodromes. Current operations are conducted in Cessna 404 aircraft operated by Skytrans. Queensland Regional Airlines Pty Ltd (QRA) has applied to operate regular public transport operations to Aurukun, Lockhart River and Palm Island aerodromes using DHC-8-102 aircraft. QRA will be carrying Skytrans ticketed passengers as a wet lease. QRA states that the use of this aircraft will be of benefit to the community. QRA has provided information to satisfy CASA that there will be equivalent, or greater level of, safety during operations using the larger aircraft. The instrument exempts the pilot in command of the aircraft and QRA from the requirements of regulation 92A of CAR 1988 and each of the operators of the aerodromes from the requirements of subregulation 139.040 (3) of CASR 1998.
To ensure the safety of air navigation the exemption is subject to conditions, for example operations to and from the aerodrome must be in accordance with the Memorandum of Understanding between the operators of the aerodromes and QRA. QRA must ensure that each of the aerodromes operates in accordance with the Aerodrome Manuals approved by Bob Wickbold, Aerodrome Inspector Northern Region (Townsville).
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 declared to be 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 a temporary instrument while the processes to gain necessary certification for the aerodromes take place. The instrument commences on the day after it is registered. It stops having effect at the end of 31 December 2007.
The exemption has been made by the Deputy Chief Executive Officer, Strategy and Support, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX28/07]