CASA EX31/06 - Exemption - from take-off minima inside Australian territory

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2006L02482 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Exemption — from take-off minima inside Australian territory

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 the operation is less than that determined for the aircraft at the aerodrome.

Standard meteorological take-off minima were determined in instrument CASA 477/03 and published in AIP En Route 1.5, section 4.3. The minimum visibility for take-off inside Australian territory at an aerodrome with runway edge lighting and either centreline lighting or centreline marking is 500 metres.

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 safety conditions.

Instrument

The instrument is an exemption from the standard minima. It applies to specified aeroplanes (the aircraft) operated by Emirates of Dubai, United Arab Emirates (the operator) in take-off operations at Sydney International Airport (Sydney INTL) and Melbourne International Airport (Melbourne INTL). Under instrument CASA EX43/05, the operator held an exemption for the aircraft for Sydney INTL only and applied to extend this to Melbourne INTL. Its low visibility operations and capacity, and the ground facilities at Melbourne INTL were assessed by CASA as suitable. Therefore, where the exemption is used, the minimum runway visibility for take-off may be reduced to 350 metres.

Conditions

There are, however, several safety conditions. For example, low visibility take-offs (LVTO) may not be conducted if the minimum visibility is below 350 metres, measured in accordance with the requirements of the instrument. LVTO may only be conducted when related air traffic control services and procedures are operating. Minimum runway visibility conditions are prescribed which depend on the quality and extent of runway edge and centreline lighting or markings. If visibility is less than 500 metres, the aeroplane must not take off from a runway that requires particular turning manoeuvres soon after take-off.

The operator must continue to have the approval of the General Civil Aviation Authority of the United Arab Emirates (GCAA UAE) for the conduct of low visibility operations at least down to the limit prescribed in the instrument (350 metres — the operator is currently approved by the GCAA UAE down to 125 metres). The operator’s operations manual must contain detailed briefing material on LVTO at each airport, not inconsistent with the instrument, and this material must be observed during operations. A copy of the instrument itself must be kept in the appropriate part of the operations manual.

Legislative Instruments Act

Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. 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. 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 under section 17 of the LIA has not been undertaken in this case. The instrument is required by the operator to enable low visibility take-offs at Melbourne INTL as well as Sydney INTL. These take-offs would be consistent with existing practice which is not considered prejudicial to the interests of safety. A similar instrument would be issued to any appropriate operator who requested it and could meet its safety conditions.

The instrument, which revokes and replaces CASA EX43/05, comes into effect on the day after it is registered. It stops having effect at the end of May 2008.

The exemption has been made by the Group General Manager, Air Transport Operations, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.

[Instrument number CASA EX31/06]

Overview

The Civil Aviation Regulations 1988 were enacted to provide a comprehensive regulatory framework for civil aviation in Australia, ensuring safety and efficiency within the sector. One of the key provisions, specifically subregulation 308(1), allows the Civil Aviation Safety Authority (CASA) to exempt certain aircraft or persons associated with their operation from specific Civil Aviation Regulations, provided that such exemptions do not compromise safety. This regulatory flexibility is crucial for accommodating advanced operational practices, such as low visibility take-offs, that meet stringent safety conditions. The authority to issue such exemptions is grounded in section 98 of the Civil Aviation Act 1988, empowering CASA to make regulations necessary for the safety of air navigation. The policy objective is to enable safe and efficient aviation operations while allowing for practical adaptations to unique operational contexts, as demonstrated in the exemption allowing specified Emirates aeroplanes to perform take-offs at lower visibility minima at Sydney and Melbourne airports, subject to strict safety conditions.

Scope and Application

The Civil Aviation Regulations 1988, as amended, empower the Civil Aviation Safety Authority (CASA) to exempt specific aircraft operated by Emirates of Dubai from the standard take-off minima within Australian territory. This exemption applies to aeroplanes operated by Emirates, a foreign carrier, during take-off operations at two key Australian airports: Sydney International Airport and Melbourne International Airport. The exemption allows for a reduced minimum runway visibility of 350 metres, provided the aircraft and the operator meet stringent safety conditions, which include adherence to air traffic control procedures, compliance with lighting and marking requirements, and maintaining the approval of the General Civil Aviation Authority of the United Arab Emirates for low visibility operations. Notably, the exemption is subject to disallowance under the Legislative Instruments Act 2003, although consultation under section 17 of the Act was not undertaken in this instance due to the non-prejudicial nature of the exemption to safety. This legislative instrument revokes and replaces a previous exemption and remains in effect until the end of May 2008.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) provide specific meteorological minima for take-off operations at Australian airports, with a standard minimum visibility of 500 metres for airports with specified lighting and markings (subregulation 257(1) and (2)). However, under subregulation 308(1), the Civil Aviation Safety Authority (CASA) may grant exemptions from these requirements for certain aircraft and operators, provided safety conditions are met. The exemption in question, under instrument CASA EX31/06, applies to specified aeroplanes operated by Emirates of Dubai at Sydney International Airport and Melbourne International Airport, allowing a reduced minimum visibility for take-off of 350 metres, subject to specific conditions (subregulation 308(3)). The obligations imposed by the exemption include ensuring that low visibility take-offs (LVTO) are not conducted if the visibility falls below the prescribed 350 metres, and only when relevant air traffic control services are operational (subregulation 308(2)). The operator must also maintain approval from the General Civil Aviation Authority of the United Arab Emirates for LVTO down to 350 metres and include detailed briefing material on LVTO in their operations manual, which must comply with the exemption conditions. Furthermore, the operator must keep a copy of the exemption instrument in the appropriate section of their operations manual. Failure to comply with the conditions of the exemption may result in civil or criminal consequences. Specifically, under subregulation 257(3), it is an offence for an aircraft to take off if the meteorological conditions are below the determined minima for the operation, which could result in penalties as prescribed under the Civil Aviation Act 1988. Additionally, CASA retains the authority to revoke the exemption if the conditions are not met, which could lead to the operator being required to adhere to the standard 500-metre visibility requirement for take-offs. The exemption itself is a disallowable instrument under the Legislative Instruments Act 2003 and must be tabled and may be disallowed by Parliament (subparagraph 6(d)(i) of the LIA).

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.