Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — runway end safety area non-compliance RWY 07 end
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Part 139 of the Civil Aviation Safety Regulations 1998 (CASR 1998) applies to operations of aerodromes and includes rules on certification and registration.
Under regulation 139.020 of CASR 1998, CASA may, by instrument, exempt an aerodrome operator from compliance with specified provisions of this Part of the regulations or specified standards set out in the Manual of Standards (the MOS). In deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety.
Runways at international airports used by Code 4 aeroplanes are required to meet the new MOS Part 139 runway end safety area (RESA) standards by May 2008. Construction of Runway 25 RESA to comply with MOS standards at Sydney International Airport is anticipated to take up to 2 years from now to complete. On the basis of a risk analysis, the Sydney Airport Corporation Limited, the operator of Sydney International Airport, has sought an exemption against meeting RESA standards for an initial 6 month period after which the runway is expected to be closed to allow the construction of the RESA to be completed. The exemption is to cover the non-compliant RESA in the event that an aeroplane lands short, or undershoots, when landing on RWY 07 end during this initial period. CASA does not consider that safety would be compromised if the exemption is granted.
Legislative Instruments Act
The MOS sets the standards for operation of aerodromes. The MOS is a legislative instrument. The exemption is against the standards set out in the MOS. The exemption is, therefore, a legislative instrument under section 5 of the Legislative Instruments Act 2003 (the LIA) 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 been undertaken by Sydney Airport Corporation Limited as part of its major development plan processes.
The instrument commences on 14 May 2008 and stops having effect at the end of 31 October 2008.
The exemption has been made by a delegate of CASA in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX31/08]