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]
Overview
The Civil Aviation Safety Regulations 1998 were enacted to address the need for stringent safety regulations in air navigation, with the overarching goal of ensuring the safety of all air operations. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act, thereby delegating the authority to the Civil Aviation Safety Authority (CASA) to manage and enforce these safety regulations. CASA has issued an exemption from standard take-off and landing minima for Singapore Airlines Cargo Pte Ltd (Singapore Airlines Cargo) under subregulation 257 of the Civil Aviation Regulations 1988, allowing them to conduct low visibility operations (LVO) within Australia. This exemption is subject to stringent conditions, including higher standards of runway lighting and adherence to approval from the Civil Aviation Authority of Singapore. The exemption was made to enable Singapore Airlines Cargo to conduct operations consistent with specified standards, ensuring that these activities do not compromise safety. This instrument, which is a legislative instrument under the Legislative Instruments Act 2003, comes into effect on 1 June 2012 and expires at the end of 31 May 2015.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR) provide for the exemption of Singapore Airlines Cargo Pte Ltd (Singapore Airlines Cargo) from standard take-off and landing minima when conducting low visibility operations (LVO) in Australia. This exemption applies specifically to Singapore Airlines Cargo, allowing the company to operate under lower visibility conditions than those generally mandated for safety. The exemption outlines specific minima for various aircraft types and conditions under which these minima can be applied, including the requirement for enhanced runway lighting. The exemption is subject to compliance with the approval to conduct LVO issued by the Civil Aviation Authority of Singapore. The exemption, being a legislative instrument, is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. Although consultation under the Legislative Instruments Act was not undertaken, the exemption is necessary to align with Singapore Airlines Cargo's operational standards and is a renewal of a previous exemption which is set to expire. The exemption applies from 1 June 2012 until 31 May 2015.
Key Provisions
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, permit Singapore Airlines Cargo Pte Ltd to operate with lower visibility minima than the standard requirements for take-off and landing in Australia, as outlined in subregulations 257(1) to (4) of the Civil Aviation Regulations 1988 (CAR 1988). The standard minima for take-off is 550 metres, and for landing, it is 800 metres or 550 metres RVR, unless specified otherwise in an exemption. The exemption for Singapore Airlines Cargo (Section 98 of the Act) allows them to conduct low visibility operations (LVO) in Australia under certain conditions, including the requirement for higher standards of runway lighting (Schedule 2, clause 8).
Singapore Airlines Cargo, as a foreign operator, must ensure compliance with the exemption terms and conditions, which include conducting operations consistent with the approval issued by the Civil Aviation Authority of Singapore. The exemption requires the operator to adhere to specified visibility standards for take-offs and landings, and these operations can only be conducted at aerodromes that meet the necessary equipment standards to support LVO. Additionally, the operator must ensure that their personnel are adequately trained and qualified to perform these operations.
Failure to comply with the conditions of the exemption or the regulations may result in civil or criminal penalties. The Civil Aviation Safety Regulations 1998 impose offences and penalties for non-compliance, which may include fines and imprisonment. The severity of the penalties depends on the nature and extent of the breach, with maximum penalties varying according to the specific offence. It is important for Singapore Airlines Cargo to adhere to the regulatory requirements to avoid legal repercussions and to maintain the safety standards set by the Civil Aviation Safety Authority.
The exemption is a legislative instrument, subject to tabling and disallowance in Parliament as per the Legislative Instruments Act 2003. Although consultation was not undertaken in this instance, the exemption is necessary to allow Singapore Airlines Cargo to operate with lower visibility minima in Australia without compromising safety. This exemption is a renewal of a previous instrument, CASA EX37/10, which expires at the end of May 2012, and applies to Boeing 747-400SF aircraft. The exemption comes into effect on 1 June 2012 and will cease on 31 May 2015, unless otherwise extended or renewed.