CASA EX45/09 - Exemption - Surveillance Australia Pty Ltd operations into Lord Howe Island

Overview

The Civil Aviation Regulations 1988 were enacted to ensure the safety of air navigation in Australia, with the Civil Aviation Act 1988 providing the legislative foundation. This specific exemption, issued under the authority of the Civil Aviation Regulations 1988, addresses a particular safety concern regarding the use of runway end safety areas (RESA) at Lord Howe Island aerodrome. The RESA at Lord Howe Island, constructed to the same standard as the runway itself, presents a unique opportunity to enhance safety by extending the available runway length for take-offs. This exemption allows Surveillance Australia Pty Ltd to utilise the RESA for this purpose, while ensuring that all operations remain within the safety parameters set by the Civil Aviation Safety Authority (CASA). The exemption was made by a delegate of CASA under subregulation 7(1) of the Civil Aviation Regulations 1988 and is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) contain a specific exemption for Surveillance Australia Pty Ltd operations into Lord Howe Island, which applies to aircraft and individuals involved in such operations. The exemption allows the use of the runway end safety area (RESA) at the Lord Howe Island aerodrome for take-offs, a measure that enhances safety by providing more runway length than would otherwise be available. This exemption is made under the authority granted by the Civil Aviation Act 1988 and is subject to the conditions imposed by the Civil Aviation Safety Authority (CASA) in the interests of safety. The exemption is also subject to the Legislative Instruments Act 2003 and is required to be tabled and potentially disallowed in Parliament. Notably, this exemption renews a previous exemption issued to the operator and does not require consultation as it merely extends the existing arrangements. The exemption is effective from the day after its registration and ceases at the end of May 2011.

Key Provisions

The key operative sections of this legislation (F2009L02083) relate to the Civil Aviation Regulations 1988 (CAR 1988), specifically regulation 308 (subsection 308(3)) which allows the Civil Aviation Safety Authority (CASA) to exempt certain aircraft operations from compliance with specified provisions of CAR 1988. In this case, the exemption concerns Surveillance Australia Pty Ltd's operations into Lord Howe Island. The exemption also involves the amendment of Civil Aviation Order 20.7.1B (CAO 20.7.1B) to consider the runway end safety area (RESA) at the Lord Howe Island aerodrome when calculating the length of runway available for take-offs. The RESA is an area symmetrical about the extended runway centre-line, primarily intended to reduce the risk of damage to an aeroplane undershooting or overrunning the runway. The obligations and requirements imposed by this Act on the parties or entities it governs are primarily related to ensuring the safety of air navigation. CASA has imposed conditions necessary in the interests of safety, such as taking the RESA into account when calculating the length of runway available for take-offs. Additionally, the exemption requires adherence to the particulars of the relevant runway 10/28 and meeting the requirements to ensure the safety of operations under the exemption. Surveillance Australia Pty Ltd must comply with these conditions and requirements to continue operating into Lord Howe Island. There are no specific offences, penalties, or civil/criminal consequences outlined in the text for breach of this exemption. However, any breach of the Civil Aviation Regulations 1988 (CAR 1988) or the conditions of the exemption could result in enforcement actions by CASA, which may include fines, suspension, or revocation of the exemption. The maximum penalties for breaches of CAR 1988 are determined by the severity of the offence and can range from fines to imprisonment, depending on the specific provision violated. It is essential for Surveillance Australia Pty Ltd to comply with the conditions and requirements of this exemption to avoid potential enforcement actions by CASA.