CASA EX72/07 - Exemption - operations into Aurukun aerodrome

Overview

The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of air navigation in Australia, addressing the need for stringent regulations governing civil aviation operations. This legislative framework empowers the Civil Aviation Safety Authority (CASA) to make regulations and issue exemptions for specific operations, ensuring that the overarching goal of maintaining high safety standards is met. One such exemption pertains to operations at Aurukun aerodrome, which was introduced to allow continued operations by Skytrans Regional using larger aircraft while the aerodrome meets the necessary certification requirements. The exemption, declared under the Legislative Instruments Act 2003, was made to facilitate the safe operation of aircraft into Aurukun aerodrome by imposing specific conditions to safeguard air navigation. This exemption was subject to tabling and disallowance in Parliament, reflecting the legislative authority's oversight in maintaining safety standards. The exemption, an extension of a temporary measure, allows operations to continue until certification processes are completed, ensuring that the transition period does not compromise safety.

Scope and Application

The exemption granted by the instrument under the Civil Aviation Regulations 1988 (CAR 1988) applies to the pilot in command of large regular public transport (RPT) aircraft and Skytrans Regional Pty Ltd, allowing them to operate at Aurukun aerodrome despite it not being certified. This exemption is specifically tied to the operations conducted by Skytrans Regional and the conditions outlined in the exemption instrument. The instrument also exempts the operator of Aurukun aerodrome from the requirements of subregulation 139.040(3) of the Civil Aviation Safety Regulations 1998 (CASR 1998), which mandates that aerodromes suitable for larger aircraft must be certified for regular transport or charter operations. This exemption is granted to facilitate the final stages of certification for Aurukun aerodrome, ensuring that operations remain safe during this transitional period. The exemption is subject to conditions designed to maintain safety standards, such as adherence to the Memorandum of Understanding between the aerodrome operator and Skytrans Regional and compliance with the Aerodrome Manual as accepted by CASA. The exemption is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament. The exemption is effective from the day after its registration and will cease to have effect at the end of 30 June 2008.

Key Provisions

The key operative sections of this legislation primarily revolve around the Civil Aviation Regulations 1988 (CAR 1988) and the Civil Aviation Safety Regulations 1998 (CASR 1998). Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act, specifically in the interests of the safety of air navigation (section 98). Under subregulation 92A(1) of CAR 1988, the pilot in command of a large regular public transport (RPT) aircraft, which is defined as an aircraft with more than 30 seats or a maximum weight of 3,400 kg, is prohibited from landing at or taking off from an unlicensed aerodrome. However, subregulation 92A(2) allows this if the operation occurs outside Australian territory, provided that subregulation 92A(4) is adhered to. Similarly, subregulation 92A(3) restricts smaller RPT aircraft (equal to or less than 30 seats or 3,400 kg) from using unlicensed aerodromes unless subregulations 92A(4) or 92A(4A) are met. These subregulations require the aerodrome to meet specific standards regarding physical characteristics, markings, wind direction, lighting equipment, reporting officers, and notification arrangements as specified in subregulation 92A(5). These measures are crucial to ensure that aerodromes maintain adequate safety standards. The obligations imposed by the Act and the regulations include ensuring that operations at Aurukun aerodrome meet the specified standards. The exemption granted under Instrument of Exemption CASA EX28/07 and now extended by CASA EX72/07 requires Skytrans Regional and the operator of Aurukun aerodrome to comply with certain conditions to maintain an equivalent or greater level of safety. These conditions include ensuring that operations adhere to the Memorandum of Understanding between Skytrans Regional and the aerodrome operator and that the aerodrome operates in accordance with the Aerodrome Manual as accepted by the Civil Aviation Safety Authority (CASA). These obligations are designed to maintain the safety of air navigation and to ensure that the aerodrome meets the necessary standards for operations, even as it works towards full certification. The legislation also outlines the potential consequences for non-compliance. Under subregulation 308(1) of CAR 1988, CASA has the authority to exempt an aircraft or a person from compliance with specified provisions of CAR 1988. Such exemptions can be subject to conditions in the interests of safety, as outlined in subregulation 308(3) of CAR 1988. Similarly, under subregulation 11.160(1) of CASR 1998, CASA can grant exemptions from compliance with provisions of CASR 1998, which can be for a class of persons and may specify the class by reference to membership of a specified body or any other characteristic (subregulation 11.160(2)). Additionally, under subregulation 139.040(3) of CASR 1998, a person must not operate an aerodrome that has a runway suitable for use by aircraft with more than 30 seats or a maximum carrying capacity of more than 3,400 kg unless it is a certified aerodrome. Failure to comply with these provisions can result in regulatory action, including the revocation of exemptions and potential legal penalties. The exemption is also subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA), which means that the exemption can be reviewed and potentially disallowed by Parliament, adding an additional layer of oversight.