CASA EX40/15 - Exemption — navigation and anti-collision lights (Aerorescue)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2015L00204 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption  navigation and anti-collision lights (Aerorescue)

 

Legislation

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the GovernorGeneral may make regulations for the Act and the safety of air navigation. Subsection 98 (5A) of the Act provides that the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation of aircraft.

 

Subregulation 207 (2) of the Civil Aviation Regulations 1988 (CAR 1988) provides that an Australian aircraft shall not be used in any class of operation unless it is fitted with such instruments and is fitted with or carries such equipment, including emergency equipment, as CASA approves or directs.

 

Subregulation 5 (1) of CAR 1988 provides that whenever CASA is empowered by CAR 1988 to give directions or approvals, it may do so in the Civil Aviation Orders (the CAOs). Clause 3 of Appendix V to Civil Aviation Order 20.18 (CAO 20.18) requires that aircraft must have 2 landing lights except when engaged in private and aerial work operations, and charter operations not carrying passengers for hire and reward, whereupon the aircraft must have 1 landing light fitted.

 

Subregulation 195 (1) of CAR 1988 requires that the pilot in command and the operator of an aircraft must comply with the rules requiring lights to be displayed in relation to the aircraft at night and in conditions of poor visibility.

 

Subregulation 196 (1A) of CAR 1988 provides that the operator and pilot in command of an aeroplane in flight, or operating on the manoeuvring area of a land aerodrome, must ensure that the lights required by this regulation 196 to be displayed on the aeroplane are displayed. Subregulation 196 (3) provides that unless CASA otherwise directs, an aeroplane in flight, or operating on the manoeuvring area of a land aerodrome, shall display, in addition to navigation lights, an anti-collision light consisting of a flashing red light.

 

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, 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 (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.

 

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Instrument

Aerorescue Pty Limited (the operator) operates fast, sophisticated turboprop aircraft at 5 locations around Australia that are equipped with surveillance equipment that can detect personnel, aircraft, and marine craft a long distance from their position. The operator is contracted to various government agencies mentioned in Schedule 1 of the instrument to provide search and rescue capability, border protection or covert surveillance nationally. Some of these operations require that external lights on the aircraft not be turned on. The instrument will permit the operator to carry out covert surveillance without displaying some of the required lights.

 

To mitigate against the risks associated with such operations, conditions have been imposed in Schedule 2 of the instrument. The pilot in command and the operator must ensure that the ELTA Radar System is operative. The operator’s aircraft must not be closer than 10 nautical miles to another aircraft, except in the case of a target aircraft where that distance may be reduced to 3 nautical miles.

 

The instrument also repeals an existing exemption issued to the operator on the same terms (CASA EX14/12), which expires at the end of February 2015.

 

Legislative Instruments Act 2003 (the LIA)

Under subparagraph 6 (d) (i) of 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 regulation 5A of CAR 1988, which was in force before the commencement of the LIA, if CASA has issued a CAO, and CASA later issues an exemption that affects the operation of the CAO, the later document is declared to be a disallowable instrument. This instrument exempts the operator from the requirements of clause 3 of Appendix V of CAO 20.18 and is, therefore, a legislative instrument.  As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

The operator has applied for the renewal of the exemption. CASA has conducted an assessment process and is satisfied with the operator’s operational processes. It is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA.

 

Making and commencement

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

 

The instrument commences on 1 March 2015 and expires at the end of February 2018, as if it had been repealed by another instrument.

 

[Instrument number CASA EX40/15]

Attachment 1

Statement of Compatibility with Human Rights

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

Exemption  navigation and anti-collision lights (Aerorescue)

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 exempts Aerorescue Pty Limited (the operator) from requirements to display navigation lights for the purpose of conducting search and rescue, surveillance and border protection operations on behalf of various government agencies. Some covert operations require that the navigation lights be turned off.

 

The instrument is subject to conditions that CASA has imposed in the interests of aviation safety.

 

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 (CASR 1998) were enacted to ensure the safety of air navigation in Australia. This legislation empowers the Civil Aviation Safety Authority (CASA) to issue instruments that affect the safe navigation and operation of aircraft, including exemptions from certain regulatory requirements. The CASR 1998 provide CASA with the authority to grant exemptions under specific conditions, ensuring that safety standards are upheld while allowing for flexibility in certain operational contexts. This particular instrument, exempting Aerorescue Pty Limited from displaying navigation and anti-collision lights during covert surveillance and search and rescue operations, aims to balance operational needs with aviation safety. The exemption is subject to stringent conditions set by CASA to mitigate the inherent risks of these operations, ensuring that safety remains the paramount concern. The instrument also repeals an existing exemption, streamlining regulatory requirements for the operator.

Scope and Application

The Civil Aviation Safety Regulations 1998, specifically this legislative instrument, pertains to Aerorescue Pty Limited, an operator of sophisticated turboprop aircraft employed for search and rescue, border protection, and covert surveillance operations on behalf of various government agencies. These operations necessitate the aircraft to operate without displaying certain external lights, which are typically required for air navigation and anti-collision purposes. The exemption applies to the use of these aircraft in such operations, allowing them to operate without the mandated navigation and anti-collision lights under specific conditions to ensure safety. The exemption is geographically applicable across Australia, where Aerorescue's operations are conducted. The exemption is subject to stringent conditions imposed by the Civil Aviation Safety Authority (CASA) to mitigate safety risks, such as the requirement for the ELTA Radar System to be operative and maintaining a minimum distance from other aircraft, except in certain operational scenarios. The exemption is also subject to the broader regulatory framework under the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, with any further direction or approval powers vested in CASA through the Civil Aviation Orders. The instrument is subject to parliamentary scrutiny and disallowance under the Legislative Instruments Act 2003. The exemption exempts Aerorescue from specific requirements in Appendix V of Civil Aviation Order 20.18 regarding the number of landing lights an aircraft must have, allowing for operations without displaying some lights when necessary for covert operations. This exemption is subject to CASA's conditions and is compatible with human rights, as it does not engage any of the applicable rights or freedoms under international human rights instruments. The instrument commences on 1 March 2015 and will expire at the end of February 2018, subject to any further legislative amendments or revocations by CASA.

Key Provisions

The Civil Aviation Safety Regulations 1998, through this legislative instrument, provide an exemption for Aerorescue Pty Limited (the operator) from certain navigation and anti-collision light requirements, as detailed in (subregulation 11.160(1) of CASR 1998). This exemption allows the operator to conduct covert operations without displaying some of the required lights, which are necessary for search and rescue, surveillance, and border protection activities on behalf of various government agencies (subregulation 11.160(2) of CASR 1998). To ensure safety, CASA has imposed conditions on the exemption, such as the mandatory operation of the ELTA Radar System and a minimum distance of 10 nautical miles from other aircraft, except when operating on a target aircraft where the distance may be reduced to 3 nautical miles (subregulation 11.205(1) of CASR 1998). The obligations imposed on the operator include ensuring compliance with the conditions set by CASA, such as maintaining the operability of the ELTA Radar System and adhering to the specified distances from other aircraft (subregulation 195(1) of CAR 1998). The operator must also ensure that the pilot in command and the operator comply with the rules requiring lights to be displayed in relation to the aircraft at night and in conditions of poor visibility (subregulation 196(1A) of CAR 1998). Additionally, the exemption must be published on the Internet and will cease no later than three years after its commencement (regulation 11.225 of CASR 1998 and subregulation 11.230(1) of CASR 1998). Any breach of the conditions imposed by CASA could lead to enforcement actions by CASA. While specific civil or criminal penalties are not detailed in the instrument, violations of the Civil Aviation Safety Regulations 1998 generally attract fines and potential criminal charges under the Civil Aviation Act 1988. The maximum penalties for non-compliance with aviation safety regulations can include substantial fines and imprisonment, depending on the severity and nature of the breach (subsection 98(5A) of the Civil Aviation Act 1988). Furthermore, the instrument, being a legislative instrument, is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (subparagraph 6(d)(i) of the LIA).

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Area of Law
Aviation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
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Exemption

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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.