Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from standard take-off and landing minima – Qatar Airways
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 Qatar Airways (Q.C.S.C.) of Doha City, Qatar (Qatar Airways) 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 mentioned, 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, Qatar Airways must also conduct its operations in accordance with the approval to conduct LVO issued by the Civil Aviation Authority of Qatar.
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 Qatar Airways 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 has previously not required preparation of a Regulation Impact Statement in such exemptions, because a preliminary assessment of business compliance costs in respect of the instruments indicates that they have only a nil or 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 EX28/10]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were enacted to ensure the safety of air navigation and to regulate civil aviation activities in Australia. The specific exemption for Qatar Airways was introduced to address the need for the airline to conduct low visibility operations (LVO) within Australia, which involves take-offs and landings at lower visibility minima than the standard requirements set out in the Civil Aviation Regulations. This exemption was made under the authority granted by Section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the Act and the safety of air navigation. The policy objective of the exemption is to ensure that Qatar Airways can safely conduct LVO in Australia, provided that certain safety conditions are met, such as the use of higher standard runway lighting at approved aerodromes. The exemption is subject to disallowance in the Parliament and is designed to facilitate the operation of foreign aircraft in a manner consistent with international standards and requirements.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) outline the framework for the safe operation of aircraft within Australia and include provisions for determining meteorological minima for take-off and landing. The exemption issued for Qatar Airways under subregulation 308(1) of CAR 1988 allows the airline to conduct low visibility operations (LVO) within Australia under specific conditions, ensuring these operations align with safety standards. This exemption is applicable to Qatar Airways, a foreign entity operating in Australia, and applies to their aircraft and personnel involved in the operation of those aircraft. The exemption details the lower visibility minima permissible for take-offs and landings, which must be conducted at aerodromes equipped to support such operations. The exemption is subject to conditions that include adherence to higher standards of runway lighting and compliance with the approval issued by the Civil Aviation Authority of Qatar. The exemption is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in Parliament. While consultation under the Legislative Instruments Act was not undertaken, the exemption was deemed necessary to facilitate safe low visibility operations consistent with international standards and without prejudice to safety.
Key Provisions
The key operative sections of this exemption are subregulations 257 and 308 of the Civil Aviation Regulations 1988 (CAR 1988). Subregulation 257 outlines the process for determining meteorological minima for take-off and landing, including the requirements for publishing these minima in the Aeronautical Information Publication (AIP) or Notice to Airmen (NOTAM). Subregulation 257(3) imposes an offence for taking off if the meteorological minima for that operation are not met. Subregulation 308, meanwhile, empowers the Civil Aviation Safety Authority (CASA) to exempt aircraft or persons associated with the operation of an aircraft from compliance with specified provisions of CAR 1988, provided it considers safety interests and may impose conditions on the exemption.
The obligations and requirements imposed by this Act are primarily concerned with safety. CASA must ensure that any exemption is granted only if it does not compromise safety. The exemption for Qatar Airways mandates that specified visibility standards must be met for take-offs and landings, which can only occur at aerodromes properly equipped to support low visibility operations (LVO). Additionally, Qatar Airways must conduct its operations in accordance with the approval to conduct LVO issued by the Civil Aviation Authority of Qatar. The exemption also requires higher standards of runway lighting to ensure safety during LVO.
Any breach of the conditions stipulated in the exemption is an offence under subregulation 308(3A) of CAR 1988. Offences related to the exemption may result in both civil and criminal consequences. Specifically, if an aircraft takes off or lands under conditions that do not meet the specified meteorological minima, it constitutes an offence under subregulation 257(3) of CAR 1988, potentially leading to penalties as prescribed by the regulations. Although the specific penalties are not detailed in the provided text, they can typically include fines or other regulatory actions deemed appropriate by CASA.
The exemption is also subject to disallowance under the Legislative Instruments Act 2003 (LIA), as it is considered a disallowable instrument. This means that the exemption must be tabled and can be disallowed by Parliament within a specified period. However, it is noteworthy that consultation under section 17 of the LIA has not been undertaken in this case, likely because the Office of Best Practice Regulation deemed it unnecessary due to the minimal impact on business compliance costs.