CASA EX64/12 - Exemption - from standard take-off and landing minima - Cathay Pacific

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Legislation au F2012L00954 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Civil Aviation Safety Regulations 1998

Exemption — from standard take-off and landing minima – Cathay Pacific

 

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 subregulations 257 (3) and (4), it is an offence for an aircraft to take‑off or land 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 70/11. The minima are also set out in AIP En Route 1.5, sections 4.3, 4.4 and 4.7. If conditions are met, the minimum visibility for take-off inside or outside Australian territory is 550 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).

 

Subsection 98 (5A) of the Act provides that the regulations may empower CASA to issue instruments in relation to the following:

(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft; or

(b) the airworthiness of, or design standards for, aircraft.

Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations, including CAR 1988, or a provision of the Civil Aviation Orders, in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 

Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.

 

Instrument

The exemption has been issued for Cathay Pacific Airways Ltd of S.A.R. of Hong Kong, People’s Republic of China (Cathay Pacific) 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, 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, Cathay Pacific must also conduct its operations in accordance with the approval to conduct LVO issued by the Hong Kong Civil Aviation Department.

 

Legislative Instruments Act

For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or Civil Aviation Orders. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The exemption applies to a class of aircraft. The exemption is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003 (the LIA).

 

Compatibility with human rights and freedoms

This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 as it does not raise any human rights issues. It does not engage any of the applicable rights or freedoms.

 

Consultation

Cathay Pacific has requested this instrument. It is the same in substance as CASA EX25/10, which stops having effect at the end of 30 April 2012, except that it also applies to B747‑800F aircraft. Further consultation under section 17 of the LIA has not been undertaken in this case. The instrument is required by Cathay Pacific 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 does not require preparation of a Regulation Impact Statement in this case because a preliminary assessment of business compliance costs in the context of the nature of the instrument indicates that it will have only a nil to 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 1 May 2012 and stops having effect at the end of 30 April 2015.

 

[Instrument number CASA EX64/12]

Overview

The Civil Aviation Regulations 1988, enacted by the Parliament of Australia, provide the regulatory framework for the safety of air navigation within Australia. This legislation empowers the Civil Aviation Safety Authority (CASA) to establish and enforce safety standards, including those related to meteorological minima for take-off and landing at aerodromes. The problem or gap addressed by this legislation includes the need to ensure safe operations under varying weather conditions, particularly low visibility scenarios. By setting specific meteorological minima and allowing for exemptions under certain conditions, the regulations aim to maintain a high standard of safety in air navigation. The policy objective is to ensure that aircraft operations are conducted in a manner that is consistent with maintaining the safety of air navigation and the airworthiness of aircraft. This is achieved by setting clear standards and allowing for exemptions when necessary, as demonstrated in the exemption issued to Cathay Pacific for conducting low visibility operations in Australia.

Scope and Application

The Civil Aviation Safety Regulations 1998, under the authority granted by Section 98 of the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory provisions, including those in the Civil Aviation Regulations 1988 and Civil Aviation Orders, to ensure the safe navigation and operation of aircraft. Specifically, subregulation 11.160(1) permits CASA to exempt a person, or a class of persons, from certain regulatory requirements, provided these are related to the safety of air navigation, aircraft maintenance, or airworthiness standards. The exemption in question applies to Cathay Pacific Airways Ltd, enabling the airline to conduct low visibility operations (LVO) within Australia, subject to specific conditions. These conditions include adherence to visibility minima, which may be lower than the standard requirements, but necessitate enhanced runway lighting and compliance with approvals from the Hong Kong Civil Aviation Department. This exemption is a legislative instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in Parliament. The instrument was requested by Cathay Pacific, aligns with international safety standards, and has a nil to low impact on business compliance, as assessed by the Office of Best Practice Regulation. The exemption took effect on 1 May 2012 and ceased on 30 April 2015.

Key Provisions

The primary operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) that pertain to this exemption are sections 11.160 and 11.205. Section 11.160(1) allows the Civil Aviation Safety Authority (CASA) to grant exemptions from certain provisions of the regulations, including those in the Civil Aviation Regulations 1988 (CAR 1988) and Civil Aviation Orders, in matters affecting the safe navigation, operation, airworthiness, or design standards of aircraft. Section 11.205(1) permits CASA to impose conditions on such exemptions if necessary for the safety of air navigation. The exemption issued under this regulation specifically applies to Cathay Pacific Airways Ltd and allows them to conduct low visibility operations (LVO) in Australia under certain specified conditions. The obligations imposed on Cathay Pacific by this exemption include ensuring that their operations comply with the specified visibility standards for take-offs and landings, which are lower than the standard minima set out in the CAR 1988. Cathay Pacific must conduct these operations only at aerodromes properly equipped to support LVO. Additionally, as a foreign aircraft operator, Cathay Pacific must adhere to the approval to conduct LVO issued by the Hong Kong Civil Aviation Department. The exemption details the specific minima for various aeroplanes and the conditions for their use, including requirements for higher standards of runway lighting. Failure to comply with the conditions of the exemption may result in civil or criminal penalties. Under subregulations 257(3) and 257(4) of the CAR 1988, it is an offence for an aircraft to take off or land if the meteorological conditions are below the determined minima for that operation. The maximum penalties for such offences can include fines and imprisonment, depending on the severity of the breach and the specific regulations contravened. Furthermore, CASA may impose additional conditions on the exemption if necessary for safety, and failure to meet these conditions can result in the revocation of the exemption and potential further penalties. The exemption is subject to the Legislative Instruments Act 2003 (LIA), which requires the instrument to be tabled and disallowance in Parliament. This ensures that the exemption is subject to parliamentary scrutiny. Additionally, the exemption is compatible with human rights and freedoms as it does not raise any human rights issues, nor does it engage any applicable rights or freedoms as declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The Office of Best Practice Regulation has determined that this exemption will have only a nil to low impact on business compliance costs, thus no Regulation Impact Statement is required. The exemption, which comes into effect on 1 May 2012, will cease to have effect at the end of 30 April 2015.

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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.