CASA EX47/13 - Exemption - Surveillance Australia Pty Ltd operations into Lord Howe Island

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to provide for the safety of air navigation in Australia, addressing gaps in ensuring safe air travel and operations. The authority to make these regulations stems from the Civil Aviation Act 1988, with the Civil Aviation Safety Authority (CASA) empowered to issue exemptions under certain conditions to maintain safety standards. One such exemption is CASA EX47/13, which pertains specifically to Surveillance Australia Pty Ltd's operations into Lord Howe Island. This exemption allows the runway end safety area (RESA) at Lord Howe Island aerodrome to be included in the calculation of the runway length available for take-offs, enhancing safety by effectively extending the usable runway length. The exemption, which was issued under the authority delegated by CASA and subject to parliamentary scrutiny, aims to facilitate the safe conduct of aviation operations while considering the unique characteristics of the Lord Howe Island aerodrome.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) and the Civil Aviation Regulations 1988 (CAR 1988) govern the safety aspects of aviation in Australia, with the Civil Aviation Safety Authority (CASA) administering these regulations. The scope of this particular legislative instrument, CASA EX47/13, pertains to an exemption granted to Surveillance Australia Pty Ltd for operations into Lord Howe Island aerodrome. This exemption, issued under the authority of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, permits the use of the runway end safety area (RESA) when calculating the length of the runway available for take-off. This exemption is geographically confined to Lord Howe Island and applies specifically to the operations of Surveillance Australia Pty Ltd. It is designed to enhance safety by recognising that the RESA at this aerodrome is constructed to the same standard as the runway itself. This exemption also includes conditions and particulars concerning the relevant runway and operational safety requirements. The exemption is effective from 1 May 2013 until the end of April 2016 and must be published on the Internet. It is subject to parliamentary scrutiny under the Legislative Instruments Act 2003 and is compatible with human rights as declared in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide the legal framework for ensuring the safety of air navigation in Australia. Under this legislation, CASA is authorised to grant exemptions from compliance with certain provisions in the Civil Aviation Safety Regulations 1998 (CASR 1998) and the Civil Aviation Regulations 1988 (CAR 1988) when necessary for the safety of air navigation. For instance, regulation 11.160 of the CASR 1998 allows CASA to grant such exemptions, which may be subject to conditions outlined in subregulation 11.205(1) to further ensure safety. Furthermore, subregulation 235(2) of CAR 1988 empowers CASA to direct how maximum take-off and landing weights of aircraft are determined, with specifics provided in Civil Aviation Order 20.7.1B (CAO 20.7.1B). The obligations imposed by the exemption on Surveillance Australia Pty Ltd, the entity benefiting from it, include using the runway end safety area (RESA) at Lord Howe Island aerodrome when calculating the length of the runway available for take-offs, as per the exemption. This allowance is granted because the RESA at Lord Howe Island is constructed to the same standard as the runway itself, making it safe for take-off operations. The exemption also requires compliance with all other safety regulations and conditions imposed by CASA to ensure the safety of operations. Additionally, CASA has the authority to impose further conditions on the exemption if necessary for safety reasons. There are no specific offences, penalties, or civil/criminal consequences outlined in the text for breaches of this exemption. However, any failure to comply with the conditions of the exemption or other safety regulations could lead to enforcement actions by CASA. Such actions may include grounding of the aircraft, revocation of the exemption, or other regulatory measures deemed necessary to ensure compliance and safety. The exemption itself ceases to have effect three years after its commencement, as outlined in subregulation 11.230(1) of CASR 1998. The exemption has been issued by a delegate of CASA and is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. The instrument has been issued without consultation as it applies to a single operator and is a renewal of a previous exemption that has operated satisfactorily.