Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — participation in land and hold short operations
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 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 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 (MOS) Part 172.
The MOS 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, 10.13.5.4 and 10.13.5.7 of the MOS, foreign registered commercial aircraft that are not permitted to participate in LAHSO are aircraft of performance category A, B or C.
CASA has decided to issue this exemption to allow the aircraft to engage in LAHSO. The Airbus A321 aircraft are capable, under normal operating conditions, of complying with published LAHSO landing distances for runways with active LAHSO operations within the Jetstar network.
Legislative Instruments Act
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. Under regulation 11.215 of CASR 1998, an instrument granting an exemption is a disallowable instrument. The exemption is, therefore, a legislative instrument and 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. The instrument is a renewal of instrument CASA EX23/08 which ceases to have effect at the end of September 2009 and is similar to exemptions granted to Qantas Airways Limited and another operator and is beneficial to industry.
The instrument commences on 1 October 2009. It has been made by a delegate of CASA appointed under regulation 11.260 of CASR 1998.
[Instrument number CASA EX76/09]