Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from standard take-off and landing minima – Royal Brunei Airlines
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 subregulations 257 (3) and (4), it is an offence for an aircraft to take off or land 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 237/10. 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 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 Royal Brunei Airlines Sdn Bhd of Bandar Seri Begawan, Brunei Darussalam, trading as Royal Brunei Airlines (Royal Brunei Airlines) for the conduct of LVO in Australia. The exemption states the minima for the various aeroplanes, 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 7 in Schedule 2).
In essence, Royal Brunei Airlines 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, Royal Brunei Airlines must also conduct its operations in accordance with the approval to conduct LVO issued by the Department of Civil Aviation, Brunei Darussalam.
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 Royal Brunei Airlines 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 (OBPR)
The exemption would be of beneficial effect to the operator. OBPR does not require preparation of a Regulation Impact Statement in this case because a preliminary assessment of business compliance costs in the context of similar instruments indicates that it will have only a nil to 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 commences on the day of registration. It stops having effect at the end of 31 March 2013.
[Instrument number CASA EX35/11]
Overview
The Civil Aviation Regulations 1988, as amended, include provisions for granting exemptions from standard meteorological minima for take-off and landing, facilitating operations in low visibility conditions. This legislation was introduced to address the need for accommodating specific operational requirements of airlines while ensuring safety standards are maintained. The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the framework for the regulation of civil aviation and the safety of air navigation. This particular exemption for Royal Brunei Airlines was issued to allow the airline to conduct low visibility operations within Australia, subject to stringent conditions to ensure safety, including the use of higher standards of runway lighting. The exemption, being a legislative instrument under the Legislative Instruments Act 2003, is subject to tabling and disallowance in the Parliament, although in this instance, consultation was not undertaken. The exemption aims to align the airline's operational standards with those required for conducting low visibility operations in Australia, consistent with international standards and without adversely affecting safety.
Scope and Application
The Civil Aviation Regulations 1988, under the authority of Section 98 of the Civil Aviation Act 1988, govern the safety of air navigation in Australia. Specifically, the exemption from standard take-off and landing minima applies to Royal Brunei Airlines, permitting the airline to conduct low visibility operations (LVO) in Australia under specified conditions. The exemption outlines the required meteorological minima for various aircraft types and conditions for their use, ensuring that operations are conducted at aerodromes equipped to support LVO. It is important for Royal Brunei Airlines to comply with these conditions and to ensure that specified visibility standards are met for take-offs and landings. Furthermore, the exemption requires the airline to adhere to the approval to conduct LVO issued by the Department of Civil Aviation, Brunei Darussalam. The exemption is a legislative instrument subject to tabling and disallowance in Parliament, although consultation under the Legislative Instruments Act 2003 was not undertaken in this instance. The exemption is effective from the date of registration until 31 March 2013.
Key Provisions
The main provisions of this legislation concern the exemption granted to Royal Brunei Airlines for conducting low visibility operations (LVO) in Australia under certain conditions. According to subregulation 257(1) and (2) of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) is responsible for determining the meteorological minima, or visibility requirements, for landing or take-off at an aerodrome. These minima are then published in the Aeronautical Information Publication (AIP) or Notices to Airmen (NOTAMS). The standard visibility requirements are 550 metres for take-off and 800 metres or 550 metres RVR for landing. However, subregulation 308(1) of CAR 1988 allows CASA to exempt certain aircraft from these standard minima, provided it does not compromise safety. This exemption has been issued for Royal Brunei Airlines for conducting LVO in Australia.
Under this exemption, Royal Brunei Airlines must adhere to the specified visibility standards for take-offs and landings, which can only occur at aerodromes equipped to support LVO. The exemption also stipulates certain conditions, such as requiring a higher standard of runway lighting for the lower minima. Additionally, as a foreign aircraft operator, Royal Brunei Airlines must comply with the approval issued by the Department of Civil Aviation, Brunei Darussalam, to conduct LVO.
Failure to comply with the terms of the exemption, including any specified conditions, is an offence under subregulation 308(3A) of CAR 1988. Violations may result in civil or criminal penalties, although the specific penalties are not detailed in the provided text. Furthermore, the exemption is considered a disallowable instrument under subparagraph 6(d)(i) of the Legislative Instruments Act 2003 (LIA), which means it can be subject to tabling and disallowance in Parliament under sections 38 and 42 of the LIA. This legislative instrument was made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73(2) of the Civil Aviation Act 1988, and it commenced on the day of registration, ceasing to have effect at the end of 31 March 2013.