Explanatory Statement
Civil Aviation Regulations 1988
Exemption — Sunstate Airlines (Qld) operations into Lord Howe Island
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make Regulations for the Act in the interests of the safety of air navigation.
Under regulation 308 of the Civil Aviation Regulations 1988 (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. Subregulation 308 (3) of CAR 1988 provides that CASA can impose conditions necessary in the interests of safety.
Subregulation 235 (2) of CAR 1988 provides that CASA may, for the purposes of ensuring the safety of air navigation, give directions setting out how to determine the maximum take‑off and landing weights of an aircraft. These are given by paragraph 4.1 of Civil Aviation Order 20.7.1B (CAO 20.7.1B), which provides for the determination of take-off weight limitations, paragraph 5.1 which provides for the determination of landing weight limitations and paragraph 11.1 which provides for the landing distance required.
An instrument of exemption, CASA 05/2005, was issued to Sunstate Airlines (Qld) Pty Ltd to operate into Lord Howe Island with some modifications of paragraphs 4.1, 5.1 and 11.1 of CAO 20.7.1B. The instrument expired at the end of February 2007. Due to amendments of CAO 20.7.1B, the exemption now applies only to the requirements of paragraph 4.1 to allow the runway end safety area (RESA) at Lord Howe Island aerodrome to be taken into account when calculating the length of runway available for take-off.
RESA is an area symmetrical about the extended runway centre-line and beside the end of the strip, primarily intended to reduce the risk of damage to an aeroplane undershooting or overrunning the runway. Generally, a RESA cannot be taken into account in the length of runway available for take-offs. It must be available in case of a need for extra distance in landing or taking off. Its bearing strength is often less than the bearing strength of the runway.
At Lord Howe Island, the RESAs are constructed to an equivalent standard to the runway. It is, therefore, acceptable for the departure end RESA to be used for take-offs, and is a safety enhancement that provides for more runway length than would otherwise be available. The exemption allows the RESA to be used for this purpose. It also contains particulars of the relevant runway 10/28 requirements to ensure the safety of the operations under the exemption.
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. Subregulation 308 (4) of CAR 1988 declares such an exemption to be a disallowable instrument. The exemption is, therefore, a legislative instrument and 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 has been specifically requested by Sunstate Airlines (Qld) Pty Ltd, and meets its requirements for the Dash 8 aircraft to which it applies. The exemption is a renewal of a previous instrument.
The instrument commences on the day after it is registered and stops having effect at the end of 31 August 2009.
The instrument has been made by the Deputy Chief Executive Officer, Strategy and Support, a delegate of CASA, under subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX41/07]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide a comprehensive regulatory framework for the safety and efficiency of civil aviation in Australia. This legislation is administered by the Civil Aviation Safety Authority (CASA), which is responsible for ensuring compliance with the regulations set forth to protect air navigation safety. Specifically, the Civil Aviation Act 1988 empowers CASA to issue exemptions and impose conditions on aircraft operations where necessary for safety, a policy objective clearly aligned with maintaining high standards of aviation safety. In this context, the Civil Aviation Regulations 1988 include provisions for exemptions from certain regulatory requirements, subject to safety considerations. CASA has utilised these powers to renew an exemption for Sunstate Airlines (Qld) Pty Ltd, allowing modifications to certain operational parameters for flights into Lord Howe Island, ensuring safety and operational efficiency.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 provide a framework for the safe operation of aircraft in Australia. These regulations allow the Civil Aviation Safety Authority (CASA) to issue exemptions from certain provisions, provided that safety is not compromised. A specific exemption, CASA EX41/07, pertains to Sunstate Airlines (Qld) Pty Ltd, allowing modifications to the maximum take-off weight calculations for aircraft operating into Lord Howe Island. This exemption considers the Runway End Safety Area (RESA) as part of the runway length available for take-off, which is permissible given the RESA's equivalent construction standards to the runway itself. This modification enhances safety by effectively increasing the runway length available for operations. The exemption, classified as a legislative instrument under the Legislative Instruments Act 2003, is subject to disallowance in the Parliament and will cease to have effect by the end of 31 August 2009. The exemption was issued without consultation under section 17 of the LIA, as it was specifically requested by Sunstate Airlines (Qld) Pty Ltd and caters to the operational requirements of their Dash 8 aircraft.
Key Provisions
The main operative sections of this legislation pertain to the exemption granted to Sunstate Airlines (Qld) Pty Ltd to operate into Lord Howe Island under certain conditions (subsection 98(1) of the Civil Aviation Act 1988). This exemption, detailed in CASA 05/2005, allows the airline to take into account the runway end safety area (RESA) when calculating the length of the runway available for take-offs, a condition that was made necessary due to the specific construction of the RESA at Lord Howe Island. This exemption, now governed by the updated Civil Aviation Order 20.7.1B, specifically modifies the take-off weight limitations (paragraph 4.1 of CAO 20.7.1B) while still adhering to the safety standards set forth by the Civil Aviation Safety Authority (CASA).
Under this Act, Sunstate Airlines (Qld) Pty Ltd is required to comply with the modified provisions of the Civil Aviation Regulations 1988, ensuring that all operations are conducted in a manner that maintains the safety of air navigation. This includes adhering to the specific runway 10/28 requirements outlined in the exemption, which are designed to ensure that the use of the RESA for take-offs does not compromise safety. The airline must also ensure that all operations are performed in accordance with any conditions imposed by CASA, which are necessary to safeguard against any risks associated with the exemption.
Failure to comply with the terms of the exemption, or any breach of the Civil Aviation Regulations 1988, may result in both civil and criminal consequences. Civil penalties under the Civil Aviation Act 1988 can include fines up to a maximum of $21,000 for corporations, as stipulated in section 33. Criminal penalties can also be imposed, with the potential for imprisonment and additional fines, depending on the severity of the breach. These provisions are designed to enforce adherence to safety regulations and to deter non-compliance that could endanger the safety of air navigation.