Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — Surveillance Australia Pty Ltd operations into Lord Howe Island
Legislation
Under subsection 98 (1) of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may by instrument grant an exemption under this Division from compliance with a provision in CASR 1998 and the Civil Aviation Regulations 1988 (CAR 1988). Under subregulation 11.205 (1), CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.
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.
The exemption allows the runway end safety area (RESA) at the Lord Howe Island aerodrome to be taken into account when calculating the length of runway available for take‑off.
A RESA is an area symmetrical about the extended runway centreline, 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. 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 and requirements to ensure the safety of operations under the exemption.
Legislative Instruments Act
The exemption is a legislative instrument for section 5 of the Legislative Instruments Act 2003 (the LIA). It is subject to tabling and disallowance in the Parliament under sections 38 and 42 of that Act.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument only applies to a single operator and general consultation was not necessary. The instrument renews a previous exemption issued to the operator (CASA EX56/11) which was stated to expire at the end of May 2013 and had itself renewed a previous exemption (CASA EX45/09). The exemptions have operated satisfactorily for both the aircraft operator and aerodrome operator and enable the safe conduct of aviation operations.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The exemption has been issued by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
The instrument commences on 1 May 2013 and stops having effect at the end of April 2016 as if it had been repealed by another instrument.
[Instrument number CASA EX47/13]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — Surveillance Australia Pty Ltd for operations into Lord Howe Island aerodrome
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The exemption allows the runway end safety area (RESA) at the Lord Howe Island aerodrome to be taken into account when calculating the length of runway available for take‑off.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority