Explanatory Statement
Civil Aviation Regulations 1988
Exemption — earth point at fuelling site
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.
Under subregulation 235 (11) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt an aircraft from any of the requirements imposed by regulation 235.
Subregulation 235 (7) of CAR 1988 provides that CASA may, for the purposes of ensuring the safety of air navigation, give directions with respect to the method of loading persons and goods (including fuel) on aircraft.
Subsection 4 of Civil Aviation Order 20.9 (CAO 20.9) is made under subregulation 235 (7) and sets out CASA’s directions for loading fuel on aircraft. Paragraph 4.3.4 of CAO 20.9 states the aircraft and all items of fuelling equipment (including drums, funnels and other loose items of equipment, where used) must be connected in such a way as to ensure that they are of the same electrical potential, and where a suitable earth point is available at the fuelling site, both the aircraft and the equipment must be effectively connected to that point. Jetstar Airways Pty Limited (Jetstar) has requested that grounding not be required during its aircraft fuelling operations. Jetstar has therefore applied for an exemption against the earthing requirements.
CASA has assessed the documentation provided by Jetstar and has issued this exemption from paragraph 4.3.4 of CAO 20.9 for the fuelling of aircraft operated by Jetstar. The exemption is subject to conditions. For example, Jetstar must ensure that the aircraft fuelling equipment is bonded together. The fuelling operations must be conducted underwing or the operator must ensure that fuelling operations uses a body refuelling point. In addition, the fuel used must contain an anti‑static additive to the level required to minimise the build-up of static charges in the fuelling equipment and the aircraft fuel tanks. Also, wide cut aviation turbine fuel, which is to a different specification from that normally supplied to Jetstar, must not be used.
Legislative Instruments Act
Under regulation 5A of CAR 1988, if CASA has issued a Civil Aviation Order (CAO) that is not an Airworthiness Directive and a prescribed direction or exemption is issued, given or granted and the prescribed direction or exemption has the effect of repealing, amending, or otherwise affecting the operation of anything in the CAO, the prescribed direction or exemption is a disallowable instrument. Because the exemption affects the operation of paragraph 4.3.4 of CAO 20.9, it is declared to be a disallowable instrument under regulation 5A of CAR 1988.
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. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The exemption has been issued at the request of Jetstar to permit the refuelling of aircraft in accordance with the mentioned safety requirements. A similar exemption has been issued to Qantas Airways Pty. Ltd (EX64/09).
The exemption commences on the day after it is registered and stops having effect at the end of 31 August 2011.
The exemption has been issued by a delegate of CASA under regulation 7 of CAR 1988.
[Instrument number CASA EX72/09]
Overview
The Civil Aviation Regulations 1988, as amended, govern various aspects of aviation safety in Australia, and were enacted to ensure the safety of air navigation among other objectives. The exemption for Jetstar Airways Pty Limited, issued under the authority of the Civil Aviation Act 1988, was introduced to address a specific operational requirement for the company's aircraft fuelling operations. This exemption allows Jetstar to operate without the need for grounding during its aircraft refuelling processes, provided certain safety conditions are met. The Civil Aviation Safety Authority (CASA), which operates under the oversight of the relevant Australian legislature, has the power to issue such exemptions under subregulation 235(11) of the Civil Aviation Regulations 1988, with the primary policy objective being to maintain the safety standards in civil aviation while accommodating practical operational needs of the industry. This exemption is subject to disallowance by the Parliament, in accordance with the provisions of the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) provide the framework for the regulation of civil aviation in Australia, with the Civil Aviation Safety Authority (CASA) having the authority to issue exemptions under certain conditions to ensure the safety of air navigation. Specifically, this exemption granted to Jetstar Airways Pty Limited pertains to the requirements of earthing during the fuelling of aircraft. The exemption applies to Jetstar, an entity operating within the aviation industry, and relates to the conduct of its aircraft fuelling operations. It is geographically applicable within the jurisdiction of Australia, as CASA is the national regulator for civil aviation. The exemption excludes the general requirement for grounding during the refuelling process, provided Jetstar adheres to the conditions imposed by CASA, such as bonding of the fuelling equipment and the use of specific types of fuel with anti-static additives. Notably, the exemption is subject to disallowance under the Legislative Instruments Act 2003, and although consultation was not undertaken, it mirrors a similar exemption previously granted to Qantas Airways Pty. Ltd. The exemption is in force from the day after its registration and remains effective until the end of 31 August 2011.
Key Provisions
The key provisions of the exemption (CASA EX72/09) issued by the Civil Aviation Safety Authority (CASA) pertain to the earthing requirements during aircraft fuelling operations for Jetstar Airways Pty Limited. Subsection 98(1) of the Civil Aviation Act 1988 (the Act) allows the Governor-General to make regulations for the safety of air navigation, and under subregulation 235(11) of the Civil Aviation Regulations 1988 (CAR 1988), CASA has the authority to exempt an aircraft from certain regulatory requirements. Specifically, subregulation 235(7) of CAR 1988 allows CASA to give directions regarding the method of loading persons and goods, including fuel, on aircraft, and this is further detailed in paragraph 4.3.4 of Civil Aviation Order 20.9 (CAO 20.9), which mandates that aircraft and all fuelling equipment must be connected to the same electrical potential and effectively connected to an earth point at the fuelling site. Jetstar has requested an exemption from this earthing requirement and has been granted one with specific conditions.
The exemption imposes several obligations on Jetstar to ensure safe aircraft refuelling operations. Firstly, Jetstar must ensure that all aircraft fuelling equipment is bonded together to prevent static discharge. Secondly, refuelling operations must be conducted underwing, or Jetstar must use a body refuelling point to mitigate risks. Thirdly, the fuel used must contain an anti-static additive at the level required to minimise static charge build-up in the fuelling equipment and aircraft fuel tanks. Additionally, Jetstar must not use wide cut aviation turbine fuel, which differs from the usual specification, as this could pose safety risks.
Failure to comply with the conditions of the exemption could result in serious consequences. The exemption is a disallowable instrument under regulation 5A of CAR 1988, and as such, it is also a legislative instrument under subparagraph 6(d)(i) of the Legislative Instruments Act 2003 (LIA). This means that the exemption is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. Breach of the conditions could therefore result in criminal or civil penalties, although the specific penalties are not detailed in the explanatory statement. It is important for Jetstar to adhere strictly to the conditions set out in the exemption to avoid any legal repercussions.