Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from standard take-off and landing minima – Cargolux
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Legislation
Under subregulation 257 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may determine the meteorological minima, that is the visibility requirements, for landing or take-off at an aerodrome. Under subregulation 257 (2), the determination must be published in AIP or NOTAMS. Under subregulation 257 (3), it is 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.
The determination of standard meteorological minima for take-off and landing was made in instrument CASA 146/08. The minima are also set out in AIP En Route 1.5, sections 4.3 and 4.4. If conditions are met, the minimum visibility for take-off inside or outside Australian territory is 500 metres. If conditions are met, the minimum visibility for landing inside or outside Australian territory is 800 metres, or 550 metres RVR. An exemption would be required to operate with lower minimum visibility (low visibility operations or LVO).
Under subregulation 308 (1) of CAR 1988, 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. Under subregulation 308 (2), before making an exemption, CASA must take into account any relevant considerations relating to the interests of safety. Under subregulation 308 (3), CASA may make an exemption subject to any condition specified in the exemption as being necessary in the interests of safety. Under subregulation 308 (3A), it is an offence to contravene a condition of an exemption that is otherwise being relied upon for an operation.
The exemption has been issued for Cargolux Airlines International SA (Cargolux) for the conduct of LVO in Australia. Following the approval of Melbourne airport for Category II and Category III operations, which enables operations to be conducted to lower minima than was previously permitted under those exemptions, a review of the rules governing low visibility operations was conducted. The exemption states the minima for the various aeroplanes mentioned, as well as the conditions for their use. For instance, the use of the lower minima will require a higher standard of runway lighting (see clause 8 in Schedule 2).
In essence, the operator must ensure that specified visibility standards are met for take-offs and landings. These may be performed only at aerodromes properly equipped to support the LVO conducted under the exemption. As a foreign aircraft operator, Cargolux must also conduct its operations in accordance with the approval to conduct LVO issued by the Civil Aviation Authority of the Grand-Duchy of Luxembourg.
Legislative Instruments Act
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. Under subregulation 308 (4) of CAR 1988, an exemption is a disallowable instrument. 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
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is required by Cargolux to enable low visibility take-offs and CAT II and CAT III landings inside Australia consistent with the standards and requirements specified in the instrument which are not considered prejudicial to the interests of safety.
Office of Best Practice Regulation
The exemption would be of beneficial effect to the operator. The Office of Best Practice Regulation has previously not required preparation of a Regulation Impact Statement in such exemptions, because a preliminary assessment of business compliance costs in respect of the instruments indicates that they have only a nil or low impact on business.
Making and commencement
The exemption has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
The instrument comes into effect on the day after it is registered. It stops having effect at the end of 30 June 2012.
[Instrument number CASA EX51/10]
Overview
The Civil Aviation Regulations 1988 were enacted to ensure the safety of air navigation and to provide a comprehensive regulatory framework for civil aviation in Australia. This legislation was introduced to address the need for standardised safety regulations governing the operation of aircraft within Australian airspace. The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, empowers the Civil Aviation Safety Authority (CASA) to make regulations for the safety of air navigation. The policy objective is to maintain the highest possible safety standards in civil aviation operations. CASA can determine meteorological minima for take-off and landing at aerodromes, with these minima published in the Aeronautical Information Publication (AIP) or Notice to Air Missions (NOTAMS). Exemptions from these standard minima can be granted to specific aircraft operators under certain conditions, ensuring that any deviation from standard safety requirements does not compromise the overall safety of air navigation.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) provides the regulatory framework for the safe operation of aircraft in Australia and includes provisions for setting meteorological minima for take-off and landing at aerodromes. Under this regulatory scheme, the Civil Aviation Safety Authority (CASA) has the authority to determine these minima and publish them in the Aeronautical Information Publication (AIP) or Notice to Air Missions (NOTAMS). However, under specific circumstances, an exemption from these standard minima can be granted to certain entities, such as Cargolux Airlines International SA, to conduct low visibility operations (LVO). The exemption allows Cargolux to operate with lower visibility minima than the standard 500 metres for take-off and 800 metres or 550 metres RVR for landing, provided that certain conditions, such as enhanced runway lighting, are met. This exemption is subject to the interests of safety and must be conducted in accordance with the approval issued by the Civil Aviation Authority of the Grand-Duchy of Luxembourg. The exemption is a disallowable instrument under the Legislative Instruments Act 2003 and, as such, it is subject to tabling and disallowance in the Parliament. This particular exemption for Cargolux was made without consultation as it is not considered prejudicial to safety and has a nil or low impact on business, thus not requiring a Regulation Impact Statement. The exemption is effective from the date of its registration until 30 June 2012.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) include provisions under subregulation 257 that allow the Civil Aviation Safety Authority (CASA) to determine the meteorological minima for landing and take-off at aerodromes, which are the visibility requirements for safe operations (257(1)). These determinations must be published in the Aeronautical Information Publication (AIP) or Notices to Airmen System (NOTAMS) (257(2)). The regulations also stipulate that it is an offence for an aircraft to take off when the meteorological minima are not met (257(3)). Under these provisions, the standard visibility requirements for take-off are 500 metres, and for landing, they are 800 metres or 550 metres RVR, as detailed in the AIP En Route 1.5, sections 4.3 and 4.4.
The Civil Aviation Regulations 1988 further provide, under subregulation 308, that CASA can exempt aircraft or persons associated with the operation of the aircraft from specified provisions of the regulations (308(1)). This exemption must consider safety interests and may be subject to conditions deemed necessary for safety (308(2), 308(3)). CASA has issued an exemption for Cargolux Airlines International SA (Cargolux) for low visibility operations (LVO) in Australia. This exemption details the visibility minima and conditions for various aeroplanes, including the requirement for higher standards of runway lighting (Schedule 2, clause 8). Cargolux, as a foreign operator, must also adhere to the approval to conduct LVO issued by the Civil Aviation Authority of the Grand-Duchy of Luxembourg.
The exemption issued under subregulation 308(4) of CAR 1988 is a legislative instrument and is subject to disallowance under the Legislative Instruments Act 2003 (LIA) (6(d)(i)). Although the Legislative Instruments Act requires consultation, it was not undertaken in this instance because the exemption is necessary for Cargolux to conduct low visibility take-offs and CAT II and CAT III landings inside Australia, in line with safety standards. The Office of Best Practice Regulation has determined that such exemptions typically have a nil or low impact on business, and therefore, a Regulation Impact Statement was not required.
The exemption was made by the Director of Aviation Safety on behalf of CASA, in accordance with subsection 73(2) of the Civil Aviation Act 1988. This exemption comes into effect on the day after it is registered and ceases to have effect at the end of 30 June 2012.