EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
EXEMPTION — FROM TAKE-OFF MINIMA INSIDE AUSTRALIAN TERRITORY
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that 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 (2) provides that before making an exemption, CASA must take into account any relevant considerations relating to the interests of safety.
Subregulation 308 (3) provides that CASA may make an exemption subject to any condition specified in the exemption as being necessary in the interests of safety.
This exemption is from compliance with subregulation 257 (3) as follows.
Subregulation 257 (1) provides that CASA may determine the meteorological minima, that is the visibility requirements, for landing or take-off at an aerodrome. Subregulation 257 (2) provides that the determination must be published in AIP or NOTAMS.
Subregulation 257 (3) makes it 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.
Standard meteorological take-off minima were determined in instrument CASA 477/03 and published in AIP En Route 1.5, section 4.3. The minimum visibility for take-off inside Australian territory at an aerodrome with runway edge lighting and either centreline lighting or centreline marking is 500 metres.
The exemption from this minima applies to specified aeroplanes (the aircraft) operated by Emirates of Dubai, United Arab Emirates (the operator) in take-off operations at Sydney International Airport (Sydney INTL). The operator applied for this exemption to facilitate its operations into this aerodrome. Its low visibility operations and capacity, and the ground facilities at Sydney INTL were assessed by CASA as suitable. Where the exemption is used, the minimum runway visibility for take-off may be reduced to 350 metres. There are, however, several safety conditions.
For example, low visibility take-offs (LVTO) may not be conducted if the minimum visibility is below 350 metres, measured in accordance with the requirements of the instrument. LVTO may only be conducted when related air traffic control services and procedures are operating. Minimum runway visibility conditions are prescribed which depend on the quality and extent of runway edge and centreline lighting or markings. If visibility is less than 500 metres, the aeroplane must not take-off from a runway that requires particular turning manoeuvres soon after take-off.
The operator must continue to have the approval of the General Civil Aviation Authority of the United Arab Emirates (GCAA UAE) for the conduct of low visibility
operations at least down to the limit prescribed in the instrument (350 metres — the operator is currently approved by the GCAA UAE down to 125 metres). The operator’s operations manual must contain detailed briefing material on LVTO, not inconsistent with the instrument, and this material must be observed during operations. A copy of the instrument itself must be kept in the appropriate part of the operations manual.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. 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. 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 under section 17 of the LIA has not been undertaken in this case. The instrument is required by the operator to enable low visibility take-offs at Sydney INTL consistent with existing practice which is not considered prejudicial to the interests of safety. A similar instrument would be issued to any appropriate operator who requested it and could meet its safety conditions.
The instrument comes into effect on the day after it is registered on the Federal Register of Legislative Instruments. It stops having effect at the end of May 2008.
The exemption has been made by the Acting Group General Manager, Air Transport Operations, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX43/05]