CASA EX28/07 - Exemption - operations into Aurukun, Lockhart River and Palm Island aerodromes

Overview

The Civil Aviation (Exemption) Regulations 2007 (F2007L01826) were enacted to address the need for safe air operations into the Aurukun, Lockhart River, and Palm Island aerodromes. This legislation was introduced by the Australian Government to ensure that air navigation safety standards are upheld while accommodating the unique logistical needs of these remote communities. The instrument was made under the authority of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations in the interests of safety. The policy objective of this exemption is to facilitate the continuation of essential air services to these aerodromes using larger aircraft, subject to stringent safety conditions, until the aerodromes can be fully certified. The exemption is declared as a disallowable instrument under the Legislative Instruments Act 2003, thereby requiring tabling and disallowance in the Parliament if necessary. This temporary measure enables the operations to proceed without interruption while the necessary certification processes are underway, ensuring that the communities retain access to essential transport services.

Scope and Application

The Civil Aviation Regulations 1988, as amended by the exemption instrument F2007L01826, pertain to the operations of aircraft and aerodromes within Australia, particularly focusing on the aerodromes at Aurukun, Lockhart River, and Palm Island. This exemption applies to the pilot in command of large and smaller RPT aircraft operated by Queensland Regional Airlines Pty Ltd (QRA) when landing at or taking off from these specific aerodromes, and to the operators of these aerodromes when conducting regular transport or charter operations with aircraft exceeding certain weight and seating capacities. The exemption is specifically designed to ensure that these operations can continue while the necessary certification processes for the aerodromes are being undertaken, thus maintaining the safety of air navigation as required by the Civil Aviation Act 1988. The exemption is subject to conditions that mandate compliance with specific operational protocols and safety standards to ensure equivalent or greater levels of safety during the operations using the larger aircraft. This instrument is a legislative instrument under the Legislative Instruments Act 2003 and is subject to disallowance by the Parliament. The exemption is temporary, effective from the day after its registration and ending on 31 December 2007.

Key Provisions

The main operative sections of this legislation pertain to exemptions for operations at Aurukun, Lockhart River, and Palm Island aerodromes. Under section 92A of the Civil Aviation Regulations 1988 (CAR 1988), large Regular Public Transport (RPT) aircraft over 30 seats or 3,400 kg in weight are generally prohibited from landing or taking off from unlicensed aerodromes. However, this prohibition can be relaxed under specific conditions, detailed in subregulation 92A(4) of CAR 1988, which require compliance with standards regarding the aerodrome's physical characteristics, markings, and equipment. Similarly, smaller RPT aircraft are restricted under subregulation 92A(3) unless they meet the same standards. The Civil Aviation Safety Regulations 1998 (CASR 1998) further stipulates in subregulation 139.040(3) that aerodromes with runways suitable for aircraft over 30 seats or 3,400 kg must be certified. The legislation imposes specific obligations and requirements on the parties involved. For Queensland Regional Airlines Pty Ltd (QRA), operating DHC-8-102 aircraft to these aerodromes, the exemption allows them to bypass the standard certification requirements of CAR 1988, provided they adhere to the conditions set forth. These conditions include operating in accordance with a Memorandum of Understanding between QRA and the aerodrome operators and ensuring the aerodromes comply with approved Aerodrome Manuals. The aerodrome operators, in turn, must ensure their operations meet the specified safety standards and guidelines outlined in the exemption conditions. The legislation also outlines potential consequences for non-compliance. Under subregulation 308(4) of CAR 1988, the exemption is a disallowable instrument, meaning it is subject to disallowance by Parliament under the Legislative Instruments Act 2003. Although the specific penalties for breaching the exemption conditions are not detailed, non-compliance with Civil Aviation Regulations can generally lead to severe consequences, including fines and potential criminal charges, depending on the severity of the breach and its impact on safety. The exemption granted in this legislation is temporary, effective until 31 December 2007, allowing time for the aerodromes to undergo the necessary certification processes. This temporary nature underscores the importance of safety while providing flexibility to meet immediate operational needs. The exemption was made by a delegate of the Civil Aviation Safety Authority (CASA), as per subregulation 7(1) of CAR 1988, ensuring the regulatory framework is upheld within the bounds of safety and operational necessity.