Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from standard take-off and landing minima – Air Mauritius Ltd
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 Air Mauritius Ltd (Air Mauritius) 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 mentioned, 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, Air Mauritius must also conduct its operations in accordance with the approval to conduct LVO issued by the Civil Aviation Authority of the Republic of Mauritius.
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 Air Mauritius 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 has previously not required preparation of a Regulation Impact Statement in such exemptions, because a preliminary assessment of business compliance costs in respect of the instruments indicates that they have only a nil or 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 EX42/10]
Overview
The Civil Aviation Regulations 1988, as amended by F2010L01311, provide an exemption from standard take-off and landing minima for Air Mauritius Ltd, allowing the airline to conduct low visibility operations (LVO) in Australia. The Civil Aviation Act 1988 empowers the Governor-General to create regulations to ensure air navigation safety, with the Civil Aviation Safety Authority (CASA) having the authority to determine meteorological minima for take-off and landing at aerodromes. This exemption allows Air Mauritius to operate under lower visibility conditions than typically required, subject to specific conditions to maintain safety standards. The exemption is necessary to enable Air Mauritius to conduct Category II and Category III operations approved by the Civil Aviation Authority of the Republic of Mauritius and to align with the standards set by Melbourne airport for such operations.
The exemption was enacted under the authority of the Civil Aviation Safety Authority and is subject to the requirements of the Legislative Instruments Act 2003, which mandates that such instruments be tabled and potentially disallowed by Parliament. The exemption has been made to support the operational needs of Air Mauritius while ensuring that safety remains the paramount concern. The exemption is effective from the date of registration and will cease on 31 May 2012, unless otherwise extended or amended.
Scope and Application
The Civil Aviation Regulations 1988, as amended, provide for the safety of air navigation and the operation of aircraft within Australia, and are empowered by the Civil Aviation Act 1988. Section 308 of these regulations allows the Civil Aviation Safety Authority (CASA) to exempt aircraft, or persons associated with their operation, from specific provisions of the regulations, subject to conditions that are deemed necessary for safety. This exemption pertains specifically to Air Mauritius Ltd, permitting the airline to conduct low visibility operations (LVO) within Australia under defined conditions. Such operations, which allow take-offs and landings at lower visibility minima than standard, require adherence to specified visibility standards and are limited to aerodromes equipped to support these operations. Air Mauritius must also comply with the approval for LVO issued by the Civil Aviation Authority of Mauritius. The exemption is subject to tabling and disallowance in Parliament as a legislative instrument under the Legislative Instruments Act 2003, although consultation under the Legislative Instruments Act has not been undertaken in this instance. The exemption is intended to facilitate operations consistent with safety standards without imposing undue compliance costs on businesses, as assessed by the Office of Best Practice Regulation. The exemption is effective from the day after its registration and expires on 31 May 2012.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) include specific provisions that allow for exemptions from standard take-off and landing minima, as outlined in subregulation 308(1). In the case of Air Mauritius Ltd, an exemption has been issued (referenced in CASA EX42/10) that allows them to conduct low visibility operations (LVO) in Australia under specified conditions. This exemption mandates that Air Mauritius must adhere to particular visibility standards for take-offs and landings, which can only be performed at aerodromes equipped to support such operations. Additionally, Air Mauritius must comply with the approval to conduct LVO issued by the Civil Aviation Authority of the Republic of Mauritius. The exemption sets forth the specific minima for various aircraft types and includes conditions necessary to ensure safety, such as higher standards of runway lighting.
The obligations imposed on Air Mauritius by this exemption are stringent. They must ensure that all their operations comply with the specified visibility requirements and that they are conducted only at approved aerodromes. This includes adhering to the higher standards of runway lighting and any other conditions stipulated in the exemption. Additionally, Air Mauritius must maintain compliance with the approval granted by the Civil Aviation Authority of the Republic of Mauritius. These obligations are designed to maintain the highest safety standards while enabling Air Mauritius to conduct LVO in Australia.
Any breach of the conditions specified in the exemption is considered an offence under subregulation 308(3A) of CAR 1988. This includes failing to meet the required visibility standards or operating at aerodromes not equipped for LVO. The penalties for contravening these conditions are not explicitly stated in the provided text but would typically involve fines or other sanctions as per the broader regulatory framework. Additionally, the exemption itself is a legislative instrument, subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. This oversight ensures that the exemption aligns with legislative requirements and does not compromise safety.