Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — participation in land and hold short operations (Qantas Airways Limited)
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Under subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may, by instrument, grant an exemption from compliance with a provision of CASR 1998. Under subregulation 11.160 (2), CASA may grant an exemption to a person or a class of persons. Under subregulation 11.205 (1), CASA may impose on an exemption any condition necessary in the interests of the safety of air navigation.
Under subregulation 172.065 (1) of CASR 1998, an air traffic service (ATS) provider (a person approved to provide air traffic services) must ensure that any service is provided in accordance with the specified standards, including the standards set out in the Manual of Standards Part 172 (MOS Part 172).
Instrument
The MOS Part 172 contains requirements relating to the conduct of land and hold short operations (LAHSO). These operations involve aircraft landing on 1 runway while another aircraft takes off or lands on another runway at the same time. Under subsections 10.13.5.3 and 10.13.5.4 of MOS Part 172, aircraft that may participate in these operations include aircraft of performance category A, B or C. Aircraft of performance category D have been excluded. Boeing 767-300 series aircraft operated by Qantas Airways Limited (the operator) are included in performance category D. Those aircraft were previously allowed to participate in LAHSO under an approval issued by CASA but the introduction of MOS Part 172 has overridden that approval.
CASA has decided to issue this exemption to allow the operator’s B767-300 series aircraft to conduct LAHSO. In accordance with subregulation 11.170 (3) of CASR 1998, CASA considers that the exemption preserves an acceptable level of aviation safety.
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. 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 persons, being ATS providers, and a class of aircraft, being B767-300 series 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).
Consultation
The exemption continues a previous exemption, CASA EX112/12 which expired at the end of 31 July 2014, and has been issued at the operator’s request. It is CASA’s view that it is not necessary or appropriate to undertake further consultation under section 17 of the LIA.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).
Making and commencement
The exemption has been issued by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
The instrument commences on 1 August 2014. It expires at the end of July 2017, as if it had been repealed by another instrument.
[Instrument number CASA EX67/14]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — participation in land and hold short operations
(Qantas Airways Limited)
This legislative 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.
Overview of the legislative instrument
The legislative instrument exempts an air traffic service provider from complying with subsections 10.13.5.3 and 10.13.5.4 of the Manual of Standards Part 172, allowing B767‑300 series aircraft operated by Qantas Airways Limited to conduct land and hold short operations.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority