Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from standard take-off and landing minima – Singapore Airlines Cargo
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 Singapore Airlines Cargo Pte Ltd (Singapore Cargo) 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, Singapore Cargo must also conduct its operations in accordance with the approval to conduct LVO issued by the Civil Aviation Authority of Singapore.
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 Singapore Cargo 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 31 May 2012.
[Instrument number CASA EX37/10]
Overview
The Civil Aviation Regulations 1988 Exemption — from standard take-off and landing minima — Singapore Airlines Cargo was enacted to address the need for specific exemptions to standard meteorological minima for take-off and landing operations, particularly for Singapore Airlines Cargo Pte Ltd (Singapore Cargo). This exemption was introduced under Section 98 of the Civil Aviation Act 1988, empowering the Governor-General to make regulations for aviation safety. The exemption allows Singapore Cargo to conduct low visibility operations (LVO) in Australia under conditions that ensure safety, such as higher standards of runway lighting, while aligning with the standards and requirements set by the Civil Aviation Authority of Singapore. The policy objective is to maintain the highest safety standards while facilitating the operational needs of foreign aircraft operators. The exemption, considered a legislative instrument, is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) provide the framework for the safety of air navigation in Australia, with the Civil Aviation Authority of Australia (CASA) responsible for enforcing the regulations. Under section 98 of the Civil Aviation Act 1988 (the Act), CASA has the authority to establish meteorological minima for take-off and landing at aerodromes, which are then published in the Aeronautical Information Publication (AIP) or Notice to Airmen (NOTAM). An exemption from these standard minima may be granted under certain conditions, as outlined in subregulation 308(1) of CAR 1988, provided that it does not compromise safety as per subregulation 308(2). Specifically, Singapore Airlines Cargo Pte Ltd (Singapore Cargo) has been granted an exemption to conduct low visibility operations (LVO) within Australia, enabling them to operate with lower visibility minima at approved aerodromes such as Melbourne Airport. This exemption mandates adherence to specific visibility standards and higher runway lighting requirements, ensuring operations are conducted safely. The exemption is subject to disallowance in Parliament under the Legislative Instruments Act 2003, although no consultation was required as it was deemed to have minimal impact on business. The exemption, effective from the day after registration and expiring on 31 May 2012, allows Singapore Cargo to perform Category II and III operations, aligning with both Australian and Singaporean standards.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) contain several key sections relevant to this exemption for Singapore Airlines Cargo Pte Ltd (Singapore Cargo). Under subregulation 257(1) of CAR 1988, the Civil Aviation Safety Authority (CASA) has the authority to determine the meteorological minima for take-off and landing at an aerodrome, which are published in the Aeronautical Information Publication (AIP) or Notice to Airmen (NOTAM). Subregulation 257(3) makes it an offence for an aircraft to take off if the meteorological conditions fall below the determined minima. The standard minima for take-off are 500 metres (increasing to 550 metres), and for landing, they are 800 metres or 550 metres Runway Visual Range (RVR). Subregulation 308(1) allows CASA to exempt aircraft from certain provisions of CAR 1988, provided safety considerations are taken into account. This exemption is made subject to any conditions deemed necessary for safety (subregulation 308(3)), and contravening these conditions is an offence (subregulation 308(3A)).
The exemption for Singapore Cargo permits low visibility operations (LVO) at Melbourne airport, which require specific conditions and standards to be met. This includes adhering to lower visibility minima for take-off and landing, provided the aerodrome is equipped with the necessary runway lighting and other infrastructure. Singapore Cargo must also comply with the approval from the Civil Aviation Authority of Singapore for conducting these operations. The exemption specifies the visibility standards and operational conditions for various aircraft models and mandates compliance with these standards at approved aerodromes.
The exemption falls under the purview of the Legislative Instruments Act 2003 (LIA). Subparagraph 6(d)(i) of the LIA defines it as a disallowable instrument, subject to tabling and disallowance in Parliament as per sections 38 and 42 of the LIA. While consultation under section 17 of the LIA was not undertaken, the exemption is deemed necessary for Singapore Cargo to perform low visibility take-offs and Category II and III landings within Australia, aligning with safety standards set by CASA and the Civil Aviation Authority of Singapore.
Under the LIA, this exemption is considered a legislative instrument with a nil to low impact on business compliance costs. Therefore, the Office of Best Practice Regulation did not require a Regulation Impact Statement. The exemption was issued by the Director of Aviation Safety on behalf of CASA in accordance with subsection 73(2) of the Civil Aviation Act 1988 and will be in effect from the day after registration until the end of 31 May 2012.