CASA EX65/09 – Exemption – for operations into Lord Howe Island - Qantaslink

Overview

The Civil Aviation Regulations 1988, enacted by the Parliament of Australia, provides a framework for the regulation of civil aviation in Australia, with a strong emphasis on ensuring the safety of air navigation. The 1988 Act introduced a comprehensive set of regulations to address the complex safety requirements and operational standards necessary for the aviation industry. One of the ways it achieves this is through enabling the Civil Aviation Safety Authority (CASA) to issue exemptions from certain regulatory requirements, subject to specific conditions that ensure continued safety. This is particularly pertinent for unique scenarios such as the operations at Lord Howe Island, where specific conditions of the terrain and infrastructure necessitate tailored regulatory approaches. The 2009 exemption under the Civil Aviation Act for operations into Lord Howe Island by Qantaslink aims to balance the need for operational efficiency with stringent safety standards, by allowing the use of the runway end safety area for take-offs, given its equivalent construction standard to the runway itself. This exemption replaces previous instruments and is subject to disallowance under the Legislative Instruments Act 2003, ensuring oversight and accountability in its application.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) provide the regulatory framework for ensuring the safety of air navigation in Australia, with specific provisions allowing for exemptions to certain regulations under specified conditions. This particular exemption, detailed in CASA EX65/09, applies to the operations of DHC8-200 aircraft by Eastern Australia Airlines Pty Limited and Sunstate Airlines (Qld) Pty Limited, collectively referred to as Qantaslink, at Lord Howe Island Aerodrome. The exemption allows for the runway end safety area (RESA) to be taken into account when calculating the length of runway available for take-offs, which is a departure from the general rule where RESAs are not considered in take-off calculations. This exemption is subject to specific conditions aimed at ensuring the safety of the operations. It replaces two previous exemptions, CASA EX41/07 and CASA EX19/08, and omits references to the DHC8-100 aircraft which is no longer operated by the airlines. The exemption is a legislative instrument under the Legislative Instruments Act 2003 and is subject to disallowance in the Parliament. It is made by a delegate of the Civil Aviation Safety Authority (CASA) and comes into effect on registration, ceasing to have effect at the end of 31 August 2011.

Key Provisions

The key operative sections of this legislation revolve around the exemption for certain aircraft operations at Lord Howe Island Aerodrome (subsections 98(1) and 308(3) of the Civil Aviation Act 1988). Specifically, it exempts DHC8-200 aircraft operated by Eastern Australia Airlines Pty Limited and Sunstate Airlines (Qld) Pty Limited, collectively known as Qantaslink, from certain specified provisions of the Civil Aviation Regulations 1988. This exemption allows these aircraft to take into account the runway end safety area (RESA) when calculating the length of the runway available for take-offs, which is generally not permissible under standard regulations. The exemption is contingent on the condition that the RESAs at Lord Howe Island are constructed to an equivalent standard to the runway, enhancing safety by providing additional runway length for take-offs. It also outlines the specific requirements for Runway 10/28 to ensure safe operations. The obligations and requirements imposed by this Act primarily focus on ensuring the safety of air navigation and operations at Lord Howe Island Aerodrome. The exemption for the DHC8-200 aircraft operated by Qantaslink is subject to specific conditions aimed at maintaining safety standards. These conditions include the requirement for the RESA to be constructed to the same standard as the runway, which is a safety enhancement. Additionally, the exemption replaces two previous instruments (CASA EX41/07 and CASA EX19/08) that had almost identical conditions, and it omits references to the DHC8-100 aircraft, which is no longer operated by the airlines. The exemption is also a legislative instrument under the Legislative Instruments Act 2003, meaning it is subject to tabling and disallowance in the Parliament. Regarding offences, penalties, or civil/criminal consequences for breach, the Act does not specify any particular penalties within its text. However, as a legislative instrument, any breach of the conditions imposed by this exemption could potentially lead to enforcement actions by the Civil Aviation Safety Authority (CASA) or other relevant authorities. The penalties for non-compliance with civil aviation regulations generally can include fines, revocation of licenses, or other regulatory actions. Given the importance of ensuring safety in air navigation, violations of the conditions outlined in this exemption could result in significant consequences for the airlines involved. The instrument has been made by a delegate of CASA under subregulation 7(1) of CAR 1988 and is effective from the day after its registration, expiring at the end of 31 August 2011. It is noteworthy that consultation under section 17 of the Legislative Instruments Act 2003 was not undertaken in this case, as the instrument was specifically requested by the airlines and replaces previous instruments that applied to the same entities.