CASA EX61/05 - Exemption – for seaplanes

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2005L04259 Not in force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Regulations 1988

 

Exemption — for seaplanes

 

Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.

 

Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may, among other things, exempt the pilot in command of an aircraft from compliance with specified provisions of CAR 1988. Under subregulation 308 (2), before CASA decides to give an exemption CASA must take into account all relevant considerations relating to the interests of safety. Subregulation 308 (3) provides that an exemption may be made subject to any conditions necessary in the interests of safety. Under these provisions, it is possible to relax certain aviation rules and provide conditional alternatives if it is safe to do so.

 

Under subregulation 92 (1) of CAR 1988, among other things, the pilot in command of an aircraft may only land on or take-off from (operate) a place that is an established aerodrome, or a place whose use as an aerodrome is authorized by CASA, or a place that is suitable for use as an aerodrome, and it is safe to operate at that place. Certain bodies of water are suitable and safe as aerodromes for seaplanes. These aerodromes are usually uncontrolled.

 

Under subregulation 166 (1), an aircraft is in the vicinity of an uncontrolled aerodrome if it is outside controlled airspace and within a horizontal distance of 10 miles of the aerodrome.

 

Under the following paragraphs of subregulation 166 (2), the pilot in command of an aircraft in the vicinity of an uncontrolled aerodrome must observe certain rules of behaviour, namely, (a) maintain a look-out, (b) not cause a danger to other aircraft, (c) conform with or avoid the circuit pattern, (d) join the circuit pattern at the appropriate point (if intending to land), (e) make all turns to the left (unless CASA or the aerodrome directs otherwise), (f) operate into the wind, (g) when landing, descend in a straight line starting at least 500 metres from the runway, and (h) after take-off, maintain the same track until the aircraft is 500 feet above the terrain (unless required to change to avoid terrain).

 

There are some circumstances in which strict adherence by the pilot in command of a seaplane to the rules in paragraphs 166 (2) (e), (g) and (h) may be inappropriate.

 

For example, if, when landing, the pilot in command of a seaplane must descend in a straight line starting at least 500 metres from “the runway” (i.e. the water’s edge), or if, after take-off, the pilot must maintain the same track without turning until the aircraft is 500 feet above the terrain, a seaplane would only be able to operate on very large bodies of water. It would often be required to directly overfly houses along the foreshores. It could be required to fly over land at low height immediately after take-off rather than follow the water course until gaining a safe height. This could make a safe water landing impossible in the event of an engine failure. However, if still over water such a landing could be made in relative safety.

 

The instrument, therefore, exempts the pilot in command of a seaplane that is landing on or taking-off from water from paragraphs 166 (2) (e), (g) and (h) of CAR 1988. The exemption is subject to conditions. Except in an emergency, the pilot must comply with any directions given by air traffic control. The pilot may land or take-off under the exemption only if he or she considers that, in the particular circumstances, it is safe not to comply with the requirements of paragraph 166 (2) (e), (g) or (h) of CAR 1988.

 

The instrument revokes, and replaces in similar terms, instrument CASA EX09/2003, which would have expired at the end of January 2006.

 

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. Subregulation 308 (4) of CAR 1988 declares an exemption under regulation 308 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 under section 17 of the LIA has not been undertaken in this case because of the highly specific nature and purpose of the instrument which is designed to replace an earlier instrument in very similar terms.

 

The exemption commences on the day after it is registered and stops having effect at the end of 31 January 2009.

 

The exemption has been made by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.

[Instrument number CASA EX61/05]

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide regulations for civil aviation matters, including safety and air navigation, as authorised by the Civil Aviation Act 1988. One specific issue these regulations address is the operation of seaplanes, which traditionally operate from water bodies rather than established aerodromes. To facilitate the safe operation of seaplanes, the CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt pilots from certain regulatory provisions if it is safe to do so. This approach allows for the relaxation of certain rules while maintaining a focus on safety. The exemption aims to accommodate the unique operational requirements of seaplanes, such as landing and taking off from water, by providing conditional alternatives to the standard rules that apply to aircraft operating from established aerodromes. This exemption is subject to parliamentary disallowance and has been made by a delegate of CASA.

Scope and Application

The Civil Aviation Regulations 1988, under the Civil Aviation Act 1988, provide extensive regulatory oversight for the safety of air navigation and operations across Australia. Section 98 of the Act authorises the Governor-General to make regulations concerning the safety of air navigation, with the Civil Aviation Safety Authority (CASA) being the primary regulatory body. Subregulation 308(1) of the Civil Aviation Regulations 1988 allows CASA to exempt pilots in command of aircraft from specific regulatory provisions if deemed safe, with any exemption being subject to conditions that ensure safety. This exemption applies to seaplanes, allowing their pilots to deviate from certain rules when landing or taking off from water bodies, provided that safety conditions are met. Notably, subregulation 166(1) outlines the proximity to uncontrolled aerodromes and the associated operational rules, which subregulation 166(2) further details. However, seaplanes operating from water require flexibility in certain rules to ensure safe operation, and thus the exemption applies to seaplanes operating from water bodies suitable and safe for such operations. The exemption is specifically for the pilot in command of a seaplane and is subject to CASA's conditions, including compliance with air traffic control directions unless in an emergency. This legislative instrument is a disallowable instrument under the Legislative Instruments Act 2003 and has been made by a delegate of CASA, effective from its registration until 31 January 2009.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 allow for certain exemptions to be granted to pilots of seaplanes. Specifically, subregulation 308(1) of CAR 1988 enables the Civil Aviation Safety Authority (CASA) to exempt pilots in command from complying with specified provisions of CAR 1988, provided that safety considerations are adequately addressed. This regulatory flexibility is crucial in accommodating the unique operational requirements of seaplanes, which often rely on water bodies as aerodromes. The exemption granted under subregulation 92(1) of CAR 1988 allows seaplanes to land on or take off from suitable water bodies, which are typically uncontrolled aerodromes. The obligations imposed by the Act on the parties governed by it include ensuring that any exemption granted is strictly conditional upon safety considerations. According to subregulation 308(2) of CAR 1988, CASA must consider all relevant safety factors before deciding to grant an exemption. Additionally, any exemption may be subject to specific conditions necessary for safety, as outlined in subregulation 308(3) of CAR 1988. For instance, pilots must comply with air traffic control directions, except in emergencies, and must only exercise the exemption if they deem it safe to do so under the specific circumstances. Failure to comply with the conditions set forth in the exemption may result in legal consequences. Under subregulation 166(1) of CAR 1988, pilots in the vicinity of uncontrolled aerodromes must adhere to certain rules of behaviour. Strict adherence to these rules, such as maintaining a specific descent and ascent pattern, can sometimes be impractical for seaplanes. However, any deviation from these rules must be justified by safety considerations. If a pilot fails to comply with the exemption conditions, they may face regulatory penalties, including fines and potential revocation of their pilot's license. The precise penalties are not detailed in the explanatory statement but typically align with those outlined in the Civil Aviation Act 1988 for non-compliance with aviation regulations.

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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.