Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from standard take-off and landing minima – Etihad 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 Etihad Airways P.J.S.C. of United Arab Emirates (Etihad 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, 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, Etihad Airways must also conduct its operations in accordance with the approval to conduct LVO issued by the United Arab Emirates General Civil Aviation Authority.
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 Etihad 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 does not require preparation of a Regulation Impact Statement in this case because a preliminary assessment of business compliance costs in the context of the nature of the instrument 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 comes into effect on the day after it is registered. It stops having effect at the end of 30 April 2012.
[Instrument number CASA EX36/10]
Overview
The Civil Aviation Regulations 1988, as amended by F2010L01093, address the issue of enabling Etihad Airways to conduct low visibility operations in Australia by providing exemptions from standard take-off and landing minima. Enacted under the authority of the Civil Aviation Act 1988, this legislation was introduced by the Australian Parliament to ensure that aviation safety standards are upheld while allowing for operational flexibility for specific foreign aircraft operators. The policy objective of this exemption is to balance the interests of safety with the practical needs of air navigation, ensuring that Etihad Airways can operate in Australia in compliance with both Australian and United Arab Emirates standards. This exemption allows Etihad Airways to perform low visibility take-offs and landings at approved aerodromes, subject to specific conditions designed to maintain safety, such as the requirement for enhanced runway lighting.
Scope and Application
The exemption from standard take-off and landing minima for Etihad Airways, issued under Section 98 of the Civil Aviation Act 1988, applies specifically to Etihad Airways P.J.S.C., a United Arab Emirates-based airline, allowing it to conduct low visibility operations (LVO) in Australia. The exemption permits Etihad Airways to operate under lower visibility minima than the standard 500 metres for take-off and 800 metres for landing, provided specific conditions are met, such as the installation of higher standard runway lighting. These operations must adhere to the approval for Category II and Category III operations issued by the United Arab Emirates General Civil Aviation Authority. The exemption applies to all activities within Australia and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. Notably, the exemption does not extend to other airlines or entities, and compliance with the specified conditions is mandatory to ensure safety. The exemption was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority and came into effect on the day after it was registered, ceasing to have effect by the end of 30 April 2012.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) have provisions that allow the Civil Aviation Safety Authority (CASA) to establish meteorological minima for take-off and landing at aerodromes (subreg. 257(1)). These minima must be published in the Aeronautical Information Publication (AIP) or Notice to Air Missions (NOTAMS) (subreg. 257(2)). If an aircraft takes off or lands with visibility below these specified minima, it is considered an offence (subreg. 257(3)). The standard visibility for take-off is 500 metres, which is proposed to increase to 550 metres, and for landing, it is 800 metres or 550 metres Runway Visual Range (RVR) (Instrument CASA 146/08, AIP En Route 1.5, sections 4.3 and 4.4). However, if lower visibility operations are to be conducted, an exemption from these standards is required.
The CAR 1988 permits CASA to exempt aircraft, or persons associated with the aircraft, from certain provisions of the regulations (subreg. 308(1)). Such exemptions must be made considering safety interests (subreg. 308(2)) and can be subject to specific conditions deemed necessary for safety (subreg. 308(3)). Any violation of these conditions is an offence (subreg. 308(3A)). For Etihad Airways, this exemption allows them to conduct low visibility operations in Australia under specific conditions, such as higher standards of runway lighting (Schedule 2, clause 8).
Etihad Airways must ensure that their operations comply with the visibility standards set forth in the exemption and that they are performed at aerodromes equipped to support low visibility operations. Furthermore, the operations must align with the approval granted by the United Arab Emirates General Civil Aviation Authority for conducting low visibility operations. The exemption is considered a legislative instrument under the Legislative Instruments Act 2003 (subreg. 308(4)) and is subject to tabling and disallowance in Parliament (s. 6(d)(i), LIA). While consultation under section 17 of the LIA was not undertaken in this instance, it was deemed unnecessary as the exemption is not expected to have a significant impact on business compliance costs.
The exemption was made by the Director of Aviation Safety, on behalf of CASA, in accordance with the Civil Aviation Act 1988 (s. 73(2)). The exemption is effective from the day after its registration and will cease to have effect by the end of 30 April 2012. This regulatory measure ensures that Etihad Airways can safely conduct low visibility operations in Australia, provided they adhere to the specified conditions and standards.