CASA EX57/10 - Exemption - earth point at fuelling site

Overview

The Civil Aviation Regulations 1988 were enacted to regulate and ensure the safety of civil aviation in Australia, providing a framework for the operation of aircraft within Australian airspace. One of the key issues addressed by these regulations is the safety of air navigation, including the procedures for loading fuel onto aircraft. The problem that the exemption for the earth point at a fuelling site was introduced to address is the restriction on grounding during aircraft fuelling operations, which was identified by Qantas and its fuel suppliers as an operational constraint. The Civil Aviation (Exemption) (All Aircraft) Instrument 2010 (F2010L01963) was issued by the Civil Aviation Safety Authority (CASA) to exempt Qantas from the requirement to connect both the aircraft and the fuelling equipment to a suitable earth point at the fuelling site, subject to certain conditions such as bonding the fuelling equipment together and ensuring that fuelling operations are conducted underwing or via a body refuelling point. The exemption was made under the authority provided by subsection 98(1) of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the Act and the safety of air navigation, and was declared a disallowable instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in the Parliament.

Scope and Application

The Civil Aviation Regulations 1988, specifically under the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue exemptions to ensure the safety of air navigation. A particular exemption has been granted to Qantas Airways Limited, permitting deviation from the earthing requirements during aircraft fuelling operations as stipulated in paragraph 4.3.4 of Civil Aviation Order 20.9. This exemption is applicable to Qantas's aircraft and fuelling equipment, provided certain conditions are met, such as ensuring the equipment is bonded together and operations are conducted underwing or via a body refuelling point. The exemption, declared as a disallowable instrument under the Legislative Instruments Act 2003, was issued at the request of Qantas to align with their fuel suppliers' requirements and is effective from 1 August 2010 until 31 July 2012. This exemption is a legislative instrument subject to tabling and disallowance in the Parliament but did not require consultation as it is a reissue of a previous exemption.

Key Provisions

The key sections of the Civil Aviation Regulations 1988 (CAR 1988) pertinent to this legislation are subsection 98(1), subregulation 235(11), and subregulation 235(7). Subsection 98(1) empowers the Governor-General to make regulations for the Act and the safety of air navigation. Subregulation 235(11) allows the Civil Aviation Safety Authority (CASA) to exempt an aircraft from any regulatory requirements imposed by regulation 235. Meanwhile, subregulation 235(7) enables CASA to issue directions for the method of loading persons and goods, including fuel, on aircraft to ensure the safety of air navigation. Additionally, subsection 4 of Civil Aviation Order 20.9 (CAO 20.9), which is made under subregulation 235(7) of CAR 1988, specifies CASA’s directions for loading fuel on aircraft, including the requirement for electrical potential connectivity between the aircraft and all fuelling equipment. The Act imposes several obligations on parties and entities governed by it. Primarily, CASA must ensure that any exemption or direction issued aligns with the overarching goal of maintaining air navigation safety. The exemption issued to Qantas, for instance, necessitates that Qantas ensure all aircraft fuelling equipment is bonded together, and that any refuelling operations are conducted underwing or via a body refuelling point. These conditions are intended to mitigate any safety risks associated with the exemption from the earthing requirements. The legislation outlines specific consequences for breaches of its provisions. Under the Legislative Instruments Act 2003 (LIA), if CASA issues an exemption that affects the operation of a Civil Aviation Order (CAO), such as the exemption in this case, the exemption is classified as a disallowable instrument. As a disallowable instrument, it is subject to tabling and potential disallowance in Parliament under sections 38 and 42 of the LIA. This legislative scrutiny ensures that any exemption granted does not undermine the safety standards established by the Civil Aviation Regulations. In the case of non-compliance with the conditions stipulated in the exemption, Qantas could face enforcement actions by CASA, potentially including fines, suspension of operations, or other regulatory sanctions. The exemption issued by CASA to Qantas is subject to certain conditions that Qantas must adhere to, such as ensuring that the aircraft fuelling equipment is bonded together and that refuelling operations are conducted underwing or through a body refuelling point. These conditions are designed to maintain safety standards despite the exemption from the electrical potential connectivity requirement. The exemption is also subject to disallowance under the LIA, which allows Parliament to review and potentially disallow the exemption if it is deemed to contravene safety regulations. This legislative oversight ensures that any exemptions granted do not compromise the safety of air navigation.