CASA EX56/11 – Exemption – Surveillance Australia Pty Ltd operations into Lord Howe Island

Overview

The Civil Aviation Regulations 1988 were amended to provide an exemption for Surveillance Australia Pty Ltd's operations into Lord Howe Island, as detailed in F2011L00899. This legislative instrument was enacted to address the specific safety considerations at Lord Howe Island, particularly the ability to utilise the runway end safety area (RESA) for take-offs. The Civil Aviation Act 1988 empowers the Governor-General to enact regulations in the interest of air navigation safety, and the Civil Aviation Regulations 1988 provide mechanisms for exemptions and safety direction. The policy objective of this exemption is to enhance the safety of operations by allowing the RESA to be used for take-offs, considering the unique construction standards at Lord Howe Island that render it suitable for this purpose. This exemption was issued by a delegate of CASA, subject to the Legislative Instruments Act 2003, and it commenced on 1 June 2011, expiring at the end of May 2013.

Scope and Application

The Civil Aviation Regulations 1988, amended under the authority of the Civil Aviation Act 1988, provide a framework for the regulation of civil aviation activities within Australia, and this particular exemption relates to the operations of Surveillance Australia Pty Ltd into Lord Howe Island. The exemption, issued by the Civil Aviation Safety Authority (CASA) under regulation 308 of the Civil Aviation Regulations 1988, allows for the use of the runway end safety area (RESA) for take-offs at Lord Howe Island, a departure from the usual practice where RESAs are not included in the calculation of runway length available for take-offs due to generally lower bearing strength. This exemption is tailored specifically to the unique circumstances of Lord Howe Island, where the RESAs are constructed to an equivalent standard to the runway, thus permitting their use for take-offs as a safety enhancement. CASA has imposed conditions necessary for ensuring safety, and the exemption is subject to the legislative processes outlined in the Legislative Instruments Act 2003, including tabling and disallowance in the Parliament. This exemption does not require consultation under the Legislative Instruments Act as it renews a previous exemption and is effective from 1 June 2011 until the end of May 2013.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) include an exemption, under regulation 308, for Surveillance Australia Pty Ltd's operations into Lord Howe Island, as detailed in CASA EX56/11. This exemption permits the use of the runway end safety area (RESA) at Lord Howe Island aerodrome for take-offs, which is typically not allowed because it generally has less bearing strength than the main runway. However, at Lord Howe Island, the RESAs are built to the same standard as the runway, allowing their use to increase the available runway length for take-offs, thereby enhancing safety. The exemption outlines the specific runway (10/28) and the conditions to ensure safe operations under this exemption. The Act imposes several obligations on Surveillance Australia Pty Ltd and the Civil Aviation Safety Authority (CASA). CASA must ensure that the exemption and any conditions imposed are in the interests of safety. Surveillance Australia Pty Ltd must comply with all specified conditions to maintain the safety of its operations. The exemption also includes requirements related to determining the maximum take-off and landing weights of the aircraft, as well as landing distance requirements, as per Civil Aviation Order 20.7.1B (CAO 20.7.1B). Both parties must adhere to these provisions to ensure that the operations remain compliant with the safety standards set forth in the Civil Aviation Act 1988. Failure to comply with the conditions set out in the exemption can result in various consequences. Under the Civil Aviation Act 1988, any breach of the regulations or conditions of the exemption could be considered an offence. Such offences may lead to both civil and criminal penalties. The maximum penalties for these breaches can include fines and imprisonment, although the specific penalties depend on the nature and severity of the breach. Additionally, CASA may take enforcement actions to ensure compliance, which could include grounding aircraft, imposing further conditions, or revoking the exemption if necessary.