CASA EX43/05 - Exemption – from take-off minima inside Australian territory

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

Legislation au F2005L02540 Not in force Legislative Instrument

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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]

 

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide comprehensive regulations for civil aviation in Australia, aiming to ensure safety and efficiency in air navigation. One particular exemption outlined in these regulations is for specified aeroplanes operated by Emirates of Dubai, United Arab Emirates, allowing them to take off at Sydney International Airport with reduced visibility conditions under certain safety parameters. This exemption was introduced to facilitate Emirates' operations into Sydney International Airport, which has been deemed suitable by the Civil Aviation Safety Authority (CASA). The exemption is subject to strict conditions to ensure the safety of air navigation, including adherence to specified visibility requirements and operational procedures. This legislative instrument was created under the authority granted by the Civil Aviation Act 1988 and is subject to the disallowance process as stipulated in the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 provide the framework for regulating civil aviation in Australia, with specific provisions allowing exemptions from certain regulatory requirements to ensure safety. Subregulation 308(1) of CAR 1988 empowers the Civil Aviation Safety Authority (CASA) to exempt aircraft or persons associated with the operation of an aircraft from specific provisions, provided that such exemptions are made in the interests of safety. This particular exemption applies to Emirates of Dubai, United Arab Emirates, allowing their specified aeroplanes to conduct take-offs at Sydney International Airport with a reduced minimum visibility from 500 metres to 350 metres, subject to stringent safety conditions. These conditions include adherence to air traffic control procedures, specific runway visibility requirements, and approval from the General Civil Aviation Authority of the United Arab Emirates. The exemption is a legislative instrument subject to the Legislative Instruments Act 2003, which mandates its tabling and potential disallowance in Parliament. The exemption is effective from the day of its registration on the Federal Register of Legislative Instruments until the end of May 2008.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) include an exemption for Emirates of Dubai, United Arab Emirates, allowing their specified aeroplanes to take off at Sydney International Airport under conditions of reduced visibility (subregulation 308(1)). This exemption, granted under section 98 of the Civil Aviation Act 1988, permits take-off operations when the minimum visibility is reduced from the standard 500 metres to 350 metres, but only under certain conditions that ensure safety (subregulation 257(3)). The exemption is conditional upon the aeroplanes being operated by Emirates, and it is subject to specific requirements such as approval from the General Civil Aviation Authority of the United Arab Emirates (GCAA UAE) for low visibility operations down to at least 350 metres, detailed briefing material on low visibility take-offs (LVTO) being included in the operator's operations manual, and adherence to prescribed runway visibility conditions (subregulations 308(2) and (3)). Operators subject to this exemption must ensure compliance with the stipulated conditions, including maintaining necessary approvals from the GCAA UAE, incorporating the required briefing material into their operations manual, and ensuring that LVTOs are conducted only when related air traffic control services and procedures are operational (subregulation 308(2)). Additionally, the operator must ensure that the aeroplanes do not take off from runways requiring specific turning manoeuvres soon after take-off if visibility is less than 500 metres (subregulation 257(3)). The exemption also necessitates that a copy of the instrument itself be kept in the appropriate part of the operator’s operations manual. Failure to comply with the conditions of this exemption could lead to legal consequences. Although the specific penalties are not detailed in the provided text, the exemption is declared a disallowable instrument under the Legislative Instruments Act 2003 (LIA), meaning it can be subject to disallowance by Parliament if not properly tabled (subregulation 308(4), LIA section 6(d)(i)). Any non-compliance with the conditions could potentially be viewed as a breach of safety regulations, which might result in further enforcement actions by the Civil Aviation Safety Authority (CASA) or other regulatory bodies. The exemption is effective from the day after it is registered on the Federal Register of Legislative Instruments and ceases to have effect at the end of May 2008.

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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.