Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from standard take-off and landing minima – Emirates
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 Emirates of Dubai, United Arab Emirates, (Emirates) 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, Emirates 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 Emirates 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 EX39/10]
Overview
The Civil Aviation Regulations 1988, as amended, provide the framework for aviation safety in Australia and include provisions for meteorological minima for take-off and landing operations. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for aviation safety, with the Civil Aviation Safety Authority (CASA) having the authority to determine these meteorological minima. To address the specific needs of Emirates, an exemption has been granted from the standard take-off and landing minima to facilitate low visibility operations (LVO) in Australia. This exemption allows Emirates to conduct operations at lower visibility standards than those generally applicable, provided certain conditions are met, such as the use of higher standards of runway lighting. The exemption was enacted to enable Emirates to operate safely in conditions of low visibility at approved aerodromes, in line with international standards and requirements set by the United Arab Emirates General Civil Aviation Authority. The instrument, subject to the Legislative Instruments Act 2003, was made by CASA and comes into effect on registration, with a termination date of 31 May 2012.
Scope and Application
The Civil Aviation Regulations 1988, as amended, establish the framework for aviation safety and regulation in Australia, with specific provisions concerning the exemption from standard take-off and landing minima for Emirates of Dubai, United Arab Emirates. This exemption pertains to Emirates, a foreign aircraft operator, allowing it to conduct low visibility operations (LVO) within Australia under specified conditions. The exemption is issued under Section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for aviation safety. The exemption is also regulated under subregulation 308 of the Civil Aviation Regulations 1988, which governs exemptions from compliance with specified provisions of the regulations, subject to safety considerations. The exemption is applicable to aircraft operated by Emirates, and it must be conducted in accordance with the approval from the United Arab Emirates General Civil Aviation Authority. The exemption specifies the minima for take-offs and landings, which must be adhered to and performed only at aerodromes equipped to support such operations, ensuring safety standards are met. The exemption is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003, although consultation under the Legislative Instruments Act has not been undertaken in this instance. This exemption is beneficial for Emirates while ensuring compliance with Australian aviation safety standards.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) contain provisions that allow the Civil Aviation Safety Authority (CASA) to determine and publish meteorological minima for take-off and landing at aerodromes. The standard visibility requirements under these regulations are 500 metres for take-off and 800 metres for landing, with specific conditions and exceptions detailed in the Aeronautical Information Publication (AIP). Any aircraft that fails to comply with these minima can face legal repercussions as stipulated in subregulation 257(3) of CAR 1988. This regulation mandates that CASA has the authority to exempt aircraft or operators from certain CAR 1988 provisions, provided that such exemptions are made with a focus on maintaining safety standards. The exemption for Emirates, which allows them to conduct low visibility operations (LVO) in Australia, falls under these provisions.
The exemption issued to Emirates under subregulation 308(1) of CAR 1988 allows them to perform take-offs and landings at lower visibility minima than the standard requirements, provided specific conditions are met. These conditions include the use of aerodromes equipped to support such operations and adherence to higher standards of runway lighting. As a foreign operator, Emirates must also comply with the approval from the United Arab Emirates General Civil Aviation Authority for conducting LVO. This exemption is tailored to ensure that the operations are conducted safely without compromising the established safety standards of the Civil Aviation Act 1988 (the Act).
The exemption is subject to scrutiny under the Legislative Instruments Act 2003 (LIA), making it a disallowable instrument. This means that the exemption can be disallowed by Parliament if deemed inappropriate, following the provisions of the LIA. Despite this, no consultation was undertaken under section 17 of the LIA for this particular exemption as it was deemed unnecessary given the preliminary assessment indicating minimal impact on business compliance costs. The exemption was made by the Director of Aviation Safety on behalf of CASA, in accordance with subsection 73(2) of the Act. The exemption came into effect after its registration and remained in force until the end of 31 May 2012.
Failure to comply with the conditions of the exemption is an offence under subregulation 308(3A) of CAR 1988, and such breaches can result in legal consequences. Although specific penalties are not detailed within the text, the Act generally allows for penalties that can include fines and other sanctions for violations of the Civil Aviation Regulations. The emphasis on safety and the specific conditions outlined in the exemption reflect the stringent regulatory environment within which aviation operations must be conducted in Australia.