CASA EX31/08 – Exemption – runway end safety area non-compliance RWY 07 end

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation in Australia, providing a regulatory framework for the operation of aerodromes. One aspect of this framework involves the certification and registration of aerodromes, which includes adherence to specific standards such as those related to runway end safety areas (RESA). These standards, detailed in the Manual of Standards (MOS), aim to maintain an acceptable level of safety. The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to grant exemptions from these standards under certain circumstances, as long as the primary objective of preserving safety is upheld. This exemption process was utilised by the Sydney Airport Corporation Limited in relation to the construction of the RESA at Sydney International Airport, seeking a temporary exemption to allow for the runway's construction while ensuring no compromise to safety during the construction period.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998), as amended, apply to operations of aerodromes and include rules on certification and registration. Specifically, under the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) has the authority to exempt aerodrome operators from compliance with certain provisions of the CASR 1998 or specified standards set out in the Manual of Standards (MOS) to ensure the preservation of an acceptable level of safety. The MOS outlines the standards for the operation of aerodromes, and any exemption from these standards constitutes a legislative instrument under the Legislative Instruments Act 2003. In this instance, Sydney Airport Corporation Limited has sought an exemption from the new MOS Part 139 runway end safety area (RESA) standards for an initial six-month period while construction is underway. The exemption applies to Runway 25 at Sydney International Airport and is designed to ensure safety is not compromised during the construction period. The exemption is subject to tabling and disallowance in Parliament, and consultation has been undertaken by Sydney Airport Corporation Limited as part of its major development plan processes. The exemption instrument, CASA EX31/08, commences on 14 May 2008 and ceases to have effect at the end of 31 October 2008.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) include provisions that govern the operations of aerodromes, including the certification and registration of these facilities. Under section 139.020 of CASR 1998, the Civil Aviation Safety Authority (CASA) has the authority to grant exemptions to aerodrome operators from certain provisions of these regulations or specific standards outlined in the Manual of Standards (MOS). This exemption process is subject to the paramount consideration of maintaining an acceptable level of safety as per subsection 98(1) of the Civil Aviation Act 1988 (the Act). In this case, the exemption pertains to the runway end safety area (RESA) standards at Sydney International Airport, specifically for Runway 25. The Sydney Airport Corporation Limited, as the operator of Sydney International Airport, has sought an exemption for a six-month period to allow for the construction of the RESA in compliance with MOS standards. This exemption is intended to cover the non-compliant RESA during a critical phase when the runway is expected to be closed, thereby mitigating potential risks if an aeroplane lands short or undershoots when landing on Runway 07 end. CASA has determined that granting this exemption will not compromise safety. Obligations and requirements under this Act involve ensuring that the highest safety standards are upheld during the exemption period. The Sydney Airport Corporation Limited must adhere to all other relevant safety regulations and implement additional safety measures as necessary to compensate for the non-compliance with RESA standards. This includes maintaining clear communication with CASA and providing regular updates on the progress of the RESA construction. The Act also outlines specific consequences for non-compliance. Any breach of the terms set forth in the exemption could lead to civil or criminal penalties. The maximum penalties for such breaches can be substantial, reflecting the serious nature of aviation safety. For instance, in civil matters, failure to comply with the Act could result in fines up to a specified amount, while criminal penalties may include imprisonment, depending on the severity of the breach. It is imperative that all parties involved strictly adhere to the conditions of the exemption and the overarching safety regulations to avoid these repercussions.