CASA EX40/13 - Exemption - from standard take-off and landing minima - Royal Brunei Airlines

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Legislation au F2013L00651 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption  from standard take-off and landing minima – Royal Brunei Airlines

 

Legislation

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.

 

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 takeoff 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 70/11. The minima are also set out in AIP En Route 1.5, section 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 runway visual range. An exemption would be required to operate with lower minimum visibility (low visibility operations or LVO).

 

Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations, including CAR 1988, or a provision of the Civil Aviation Orders (the CAOs), in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 

Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it or, if no day is specified, 3 years after commencement.

 

The exemption has been issued for Royal Brunei Airlines Sdn Bhd of Bandar Seri Begawan, Brunei Darussalam (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.

 

Legislative Instruments Act

For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the Regulations or the CAOs. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The exemption applies to a class of aircraft employed by the operator. The exemption is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003 (the LIA).

 

Consultation

The operator has requested the instrument to replace the exemption in CASA EX35/11, which expired at the end of 31 March 2013. Consultation under section 17 of the LIA has not been undertaken with the aviation industry as a whole in this case. The exemption applies to a single operator. The original exemption, CASA EX35/11, was granted taking into account the equipment and flight crew training of Royal Brunei Airlines, and applying standards applicable to all airlines. Royal Brunei Airlines holds an approval to conduct low visibility operations issued by the Department of Civil Aviation, Brunei Darussalam. This exemption would not be granted if it did not.

 

Royal Brunei Airlines has operated into a number of Australian airports without incident over the previous exemption’s duration. 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. It will avoid delays due to low visibility and low cloud.

 

Compatibility with human rights and freedoms

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Commencement and making

The instrument commences on the day of registration and stops having effect at the end of 31 March 2016 as if it had been repealed by another instrument.

 

The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.

 

[Instrument number CASA EX40/13]

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Exemption under regulation 11.160 – from standard take-off and landing minima Royal Brunei Airlines

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

The legislative instrument permits the operator to use minima lower than the standard takeoff and landing minima determined by CASA. The exemption is subject to conditions directed by CASA in the interest of safety.

The primary purpose of the legislative instrument is to allow pilots in command flying for the named operator to land and take-off using reduced visibility minima specified in the exemption. Use of the minima is subject to compliance with the stated conditions.

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998, as amended, provide the legal framework for ensuring the safety of air navigation within Australia. This regulatory framework is underpinned by the Civil Aviation Act 1988, which empowers the Governor-General to enact regulations that ensure aviation safety. A particular issue addressed by these regulations is the determination of meteorological minima for take-off and landing, which are critical for the safe operation of aircraft. The Civil Aviation Safety Authority (CASA) has the authority to set these minima and to grant exemptions to these standards under certain conditions. The problem this legislation aims to address is the need for flexibility in allowing specific airlines to operate under lower visibility conditions than the standard minima, ensuring that safety is not compromised. The instrument in question grants such an exemption to Royal Brunei Airlines, enabling it to conduct low visibility operations in Australia, subject to stringent conditions to maintain safety standards. The exemption is a legislative instrument subject to parliamentary scrutiny and must be compatible with human rights, as evidenced by the Statement of Compatibility with Human Rights provided.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended, apply to all aspects of civil aviation safety in Australia, governing the operations of aircraft and associated personnel, equipment, and facilities. This particular legislative instrument pertains to Royal Brunei Airlines Sdn Bhd, an airline based in Brunei Darussalam, and its operations within Australia. The exemption from standard take-off and landing minima is specifically tailored to allow Royal Brunei Airlines to conduct low visibility operations (LVO) in Australia, subject to conditions imposed by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. The exemption does not extend to other airlines or aircraft unless specifically included by CASA through additional legislative instruments. This exemption is in effect within the Australian jurisdiction and is subject to the conditions outlined in the instrument, which includes compliance with visibility standards, runway lighting requirements, and other safety measures deemed necessary by CASA. The exemption is a legislative instrument under the Legislative Instruments Act 2003 and must be tabled and potentially disallowed by the Parliament.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) grant the Civil Aviation Safety Authority (CASA) the authority to issue exemptions from standard take-off and landing minima for specific airlines, as stipulated under subregulation 11.160(1) of CASR 1998. This exemption, as per instrument CASA EX40/13, allows Royal Brunei Airlines to conduct low visibility operations (LVO) in Australia using visibility minima lower than the standard 550 metres for take-off and 800 metres or 550 metres runway visual range for landing, which are otherwise mandated by CASA 70/11 and detailed in AIP En Route 1.5, section 4. The exemption is conditional on the specified aerodromes being equipped with the necessary runway lighting and other safety measures as outlined in the exemption document. Royal Brunei Airlines, as the beneficiary of this exemption, must adhere to the specific conditions set forth by CASA to ensure the safety of air navigation. These conditions include, but are not limited to, the use of particular aircraft equipped with the requisite technology to meet the lower visibility minima, and adherence to heightened standards of runway lighting and other operational protocols as specified in the exemption (see clause 7 in Schedule 2 of the exemption). Additionally, the exemption must be published on the Internet, as per regulation 11.225 of CASR 1998, and will cease to be effective three years after its commencement unless otherwise specified. Failure to comply with the terms and conditions of this exemption could result in regulatory sanctions. Under subregulations 257(3) and (4) of the Civil Aviation Regulations 1988 (CAR 1988), it is an offence for an aircraft to take off or land if the meteorological conditions fall below the specified minima. The penalties for such violations may include fines, enforcement actions, and potential suspension or revocation of operating permits. The exemption, being a legislative instrument, is also subject to the scrutiny and potential disallowance processes under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). This legislative instrument does not engage any human rights issues, as confirmed by the Statement of Compatibility with Human Rights attached to the instrument.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.