CASA EX52/07 - Exemption - from provisions in Part 172 of CASR 1998

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Legislation au F2007L04280 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1988

Exemption — from provisions in Part 172 of CASR 1998

Legislation

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor‑General may make regulations for the Act and in the interests of the safety of air navigation.

 

Air traffic service providers

Part 172 of the Civil Aviation Safety Regulations 1998 (CASR 1998) makes arrangements for CASA to approve air traffic service (ATS) providers. Under subregulation 172.022 (1), CASA may issue a Manual of Standards (the MOS) for Part 172 specifying the standards an ATS provider must meet. Under subregulation 172.060 (1), an ATS provider must also maintain an operations manual that complies with the MOS. Under paragraph 172.065 (1) (a), the provider must ensure that the ATS it provides is in accordance with the MOS.

 

Under subregulation 172.022 (1) of CASR 1998, CASA has issued MOS Part 172 — Air Traffic Services. Under paragraph 12.2.1.2 (a) of the MOS, tracking instructions must be specified by an air traffic controller (a controller) when standard instrument departures (SIDS) have not been published.

 

Under paragraphs 12.2.4.1 (b) and (c) of the MOS, a controller must not issue an air traffic clearance which authorises a pilot to descend in I.M.C. below the relevant lowest safe altitude (LSALT) in a manner different from that specified in certain procedures, in particular certain published procedures. The relevant published procedures are first, the procedures, plan and profile diagram of the instrument approach landing (IAL) charts published in AIP/FLIP Terminal and secondly, the approved instrument approach procedures published in NOTAM.

 

Airservices Australia

Airservices Australia (AA) holds a certificate of approval issued by CASA under regulation 172.275 of CASR 1998 and is, therefore, an approved ATS provider subject to the requirements of Part 172 of CASR 1998 and the MOS.

 

Qantas trial of RNAV (RNP-AR)

Under subregulation 178 (1) of the Civil Aviation Regulations (CAR 1988), the pilot in command of an aircraft must not fly along a route segment at a height lower than the published LSALT for that segment. However, paragraph 178 (4) (c) provides an exemption from these requirements if the flight is during a published authorised instrument approach procedure (IAP) or a published authorised instrument departure procedure (IDP) designed by a certified designer.

 

Under subregulation 179A (1) of CAR 1988, CASA may issue instructions in relation to Instrument Flight Rules (I.F.R.) flights specifying the method by which an aircraft is to be navigated when in I.F.R. flight.


On 25 January 2006, CASA issued instrument CASA 19/06 to Qantas Airways Limited (Qantas) to enable a trial of certain instrument approach and departure procedures in computer-assisted area navigation operations (RNAV (RNP-AR)). Instrument CASA 19/06 contains an exemption from the requirement that to fly lower than the LSALT, the relevant IAP or IDP must be published. Instrument CASA 19/06 also contains instructions for the operation of I.F.R. flights as part of the RNAV (RNP-AR) trial.

On 13 January 2006, CASA issued instrument CASA EX01/06 to Naverus Inc, the designer of the RNAV (RNP-AR) IAP and IDP for the Qantas trial, exempting it from the requirements of, among other things, regulation 173.100 of CASR 1998 in relation to publication of the procedures in AIP. Because the operations are a trial, the relevant procedures have not been published.

The provisions in paragraphs 12.2.1.2 (a), 12.2.4.1 (b) and 12.2.4.1 (c) of the MOS imposing certain obligations on AA and its controllers to give tracking instructions for certain departures, and to refrain from issuing certain air traffic clearances, reflect in part the above requirements that in I.M.C. pilots must not descend below the published LSALT except in accordance with published procedures.

AA and its controllers are exempt from these particular requirements because the relevant RNAV (RNP-AR) procedures have not been published.

 

Exemptions from CASR 1998

Under subregulation 11.160 (1) of CASR 1998, CASA may grant an exemption from compliance with a provision of CASR 1998. Under subregulation 11.160 (3), CASA may grant an exemption on its own initiative. In deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety. 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 11.210, it is an offence to fail to comply with a condition of an exemption. Under regulation 11.225, an exemption must be published on the World Wide Web. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 2 years after its commencement) or, if no day is specified, 2 years after commencement.

 

The instrument

The instrument, therefore, only applies for RNAV (RNP-AR) approaches and departures by RNP-capable Boeing 737-800 aeroplanes. It only applies to AA and its controllers. It exempts them from subregulation 172.060 (1) and paragraph 172.065 (1) (a) of CASR 1998 to the extent of the requirements in paragraphs 12.2.1.2 (a), 12.2.4.1 (b) and 12.2.4.1 (c) of the MOS.


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. Regulation 11.215 of CASR 1998 declares an exemption to be 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. The instrument is for the trial of RNAV (RNP-AR) underway in Australia and is necessary to enable full implementation of it. The results will be of benefit to other industry operators.

The instrument comes into effect on the day after registration. It stops having effect when instrument CASA 19/06 stops having effect, namely, at the end of 31 January 2008.

 

The exemption has been made by a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.

[Instrument number CASA EX52/07]

Overview

The Civil Aviation Safety Regulations 1988 (CASR 1998) were enacted to ensure the safety of air navigation and to regulate air traffic service providers. The problem the legislation aimed to address was the need for comprehensive safety regulations governing the provision of air traffic services, ensuring that these services meet specific safety standards to protect the public. Enacted by the Australian Parliament, the policy objective of the Act is to maintain an acceptable level of safety in air navigation, particularly through the regulation and approval of air traffic service providers. The Civil Aviation Safety Regulations 1988 outline the requirements for air traffic service providers, including maintaining operations manuals that comply with the Manual of Standards issued by the Civil Aviation Safety Authority (CASA). The instrument in question, which provides exemptions for Airservices Australia and its controllers during a trial of RNAV (RNP-AR) procedures by Qantas, is designed to allow for the safe implementation of new navigation technologies without the immediate requirement for the publication of certain procedures. This exemption is subject to tabling and disallowance in the Parliament, reflecting the importance of oversight and legislative scrutiny in the aviation safety domain.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide the framework for the safety of air navigation in Australia, with specific provisions for air traffic service (ATS) providers and their operations. Airservices Australia (AA) is an approved ATS provider subject to these regulations, including the Manual of Standards (MOS) issued by the Civil Aviation Safety Authority (CASA). Specifically, the instrument concerns the exemption of AA and its controllers from certain requirements when dealing with RNAV (RNP-AR) procedures during a trial period. The exemption exempts AA from the obligations to specify tracking instructions for certain departures and to refrain from issuing certain air traffic clearances, as the relevant RNAV (RNP-AR) procedures have not been published. The exemption is applicable solely to RNAV (RNP-AR) approaches and departures by RNP-capable Boeing 737-800 aeroplanes and is limited in time until the end of 31 January 2008, aligning with the duration of the RNAV (RNP-AR) trial. The exemption is a legislative instrument and subject to the tabling and disallowance provisions under the Legislative Instruments Act 2003.

Key Provisions

The Civil Aviation Safety Regulations 1988 (CASR 1998) and the Civil Aviation Regulations 1988 (CAR 1988) form the foundational framework for air traffic services (ATS) in Australia, overseen by the Civil Aviation Safety Authority (CASA). Under subregulation 172.022(1) of CASR 1998, CASA issues a Manual of Standards (MOS) that ATS providers must adhere to. This manual includes detailed standards for operations, including the requirement to maintain an operations manual that complies with the MOS (subregulation 172.060(1)) and to ensure that the services provided adhere to these standards (paragraph 172.065(1)(a)). The MOS also specifies tracking instructions for controllers, such as when to issue instructions for standard instrument departures (SIDS) where published procedures are not available (paragraph 12.2.1.2(a)) and to avoid issuing clearances for descents below the lowest safe altitude (LSALT) in instrument meteorological conditions (I.M.C.) unless specified in published procedures (paragraphs 12.2.4.1(b) and (c)). Airservices Australia (AA), as an approved ATS provider, must comply with these regulations and the MOS. This includes maintaining an operations manual and ensuring that their controllers adhere to the specified standards, which are designed to ensure the safety of air navigation. For example, controllers must give tracking instructions for SIDS when necessary and must not allow pilots to descend below the LSALT without adhering to published procedures. Qantas is currently operating a trial for RNAV (RNP-AR) approaches and departures using RNP-capable Boeing 737-800 aircraft. This trial is exempt from certain provisions of the MOS due to the unpublished nature of the RNAV (RNP-AR) procedures, as outlined in CASA instruments CASA 19/06 and CASA EX01/06. The exemption from certain MOS requirements for AA and its controllers during the Qantas RNAV (RNP-AR) trial is granted under subregulation 11.160(1) of CASR 1998, allowing CASA to exempt compliance with CASR 1998 provisions when necessary for the safety of air navigation. This exemption is subject to conditions, which, if not complied with, constitute an offence (regulation 11.210). The exemption must be published on the World Wide Web (subregulation 11.225) and ceases two years after its commencement or the specified date, whichever is later (subregulation 11.230(1)). The exemption applies specifically to RNAV (RNP-AR) approaches and departures by RNP-capable Boeing 737-800 aeroplanes and is a legislative instrument subject to tabling and disallowance in the Parliament (subparagraph 6(d)(i) of the Legislative Instruments Act 2003). In summary, the instrument exempts AA and its controllers from certain MOS requirements for the duration of the Qantas RNAV (RNP-AR) trial, allowing for the trial to proceed without the need for published procedures. The exemption is intended to maintain an acceptable level of safety while facilitating the trial, which could benefit other industry operators if successful.

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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.