Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — from standard take-off and landing minima – Singapore Airlines Cargo
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Legislation
Under subregulation 257 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may determine the meteorological minima, that is the visibility requirements, for landing or take-off at an aerodrome. Under subregulation 257 (2), the determination must be published in AIP or NOTAMS. Under subregulations 257 (3) and (4), it is an offence for an aircraft to take off or land if an element of the meteorological minima for that operation is less than that determined for the aircraft at the aerodrome.
The determination of standard meteorological minima for take-off and landing was made in instrument CASA 70/11. The minima are also set out in AIP En Route 1.5, sections 4.3, 4.4 and 4.7. If conditions are met, the minimum visibility for take-off inside or outside Australian territory is 550 metres. If conditions are met, the minimum visibility for landing inside or outside Australian territory is 800 metres, or 550 metres RVR. An exemption would be required to operate with lower minimum visibility (low visibility operations or LVO).
The exemption has been issued for Singapore Airlines Cargo Pte Ltd (Singapore Airlines Cargo) for the conduct of LVO in Australia. The exemption states the minima for various aeroplanes as well as the conditions for their use. For instance, the use of the lower minima will require a higher standard of runway lighting (see clause 8 in Schedule 2).
In essence, the operator must ensure that specified visibility standards are met for take-offs and landings. These may be performed only at aerodromes properly equipped to support the LVO conducted under the exemption. As a foreign aircraft operator, Singapore Airlines Cargo must also conduct its operations in accordance with the approval to conduct LVO issued by the Civil Aviation Authority of Singapore.
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 or Civil Aviation Orders. 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 aircraft and class of persons employed by the operator. 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
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is required by Singapore Airlines Cargo to enable low visibility take-offs and CAT II and CAT III landings inside Australia consistent with the standards and requirements specified in the instrument which are not considered prejudicial to the interests of safety. It is also a renewal of a previous instrument, CASA EX37/10, which expires at the end of May 2012 and also applies to Boeing 747-400SF aircraft.
Human rights compatibility
This instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights and does not raise any human rights issues.
Making and commencement
The exemption has been made by a delegate of CASA under regulation 11.260 of the Civil Aviation Safety Regulations 1998.
The instrument comes into effect on 1 June 2012. It stops having effect at the end of 31 May 2015.
[Instrument number CASA EX79/12]