Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — Surveillance Australia Pty Ltd operations into Lord Howe Island
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.
Subregulation 235 (2) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may, for the purposes of ensuring the safety of air navigation, give directions setting out the manner of determining a maximum weight for an aeroplane that its gross weight must not exceed at take-off or landing. Under subregulation 5 (1A) of CAR 1988, wherever CASA is empowered or required under the regulations to issue any direction, CASA may, unless the contrary intention appears, issue the direction in Civil Aviation Orders (the CAOs).
CASA has issued such directions under Civil Aviation Order 20.7.1B (CAO 20.7.1B), which prescribes the take-off and landing weight limitations and associated minimum distances for certain aeroplanes with a maximum take-off weight in excess of 5 700 kg. CAO 20.7.1B also applies to aeroplanes that are driven by 2 or more jet engines and have a maximum take-off weight in excess of 2 722 kg.
Exemptions
Subpart 11.F of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides for the granting of exemptions from particular provisions of the regulations or the CAOs.
Subregulation 11.160 (1) of CASR 1998 provides that for subsection 98 (5A) of the Act, CASA may grant an exemption from compliance with a provision of the regulations or the CAOs in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2) of CASR 1998, an exemption may be granted to a person or a class of persons.
Regulation 11.205 provides that CASA may impose conditions on an exemption if necessary in the interests of the safety of air navigation. Under regulation 11.210, it is a strict liability offence not to comply with the obligations imposed by a condition.
Regulation 11.225 of CASR 1998 requires an exemption to be published on the Internet. Under subregulation 11.230 (1), the maximum duration of an exemption is 3 years.
Instrument
The instrument provides an exemption for the operator when using DHC8-202 aircraft which allows the runway end safety area (RESA) at the Lord Howe Island aerodrome to be taken into account when calculating the length of runway available for take‑off.
A RESA is an area symmetrical about the extended runway centreline, primarily intended to reduce the risk of damage to an aeroplane undershooting or overrunning the runway. Generally, a RESA cannot be taken into account in the length of runway available for take‑offs. Its bearing strength is often less than the bearing strength of the runway.
At the Lord Howe Island aerodrome, the RESAs are constructed to an equivalent standard to the runway. It is, therefore, acceptable for the departure end RESA to be used for take-offs, and is a safety enhancement that provides for more runway length than would otherwise be available.
The exemption allows the RESA to be used for this purpose. The instrument also contains particulars of the relevant runway 10/28 and requirements to ensure the safety of operations under the exemption.
Legislation Act 2003 (the LA)
Paragraph 98 (5A) (a) of the Act provides that CASA may issue instruments in relation to matters affecting the safe navigation and operation, or the maintenance, of aircraft.
Under section 57A of the LA, an instrument is a legislative instrument for the purposes of section 8 of the LA if it is declared to be a disallowable instrument under legislation in force before 1 January 2005.
Under regulation 5A of CAR 1988 (which was in force before 1 January 2005), if CASA has issued a CAO that is not an airworthiness directive, and CASA later issues an exemption that affects the operation of the CAO, the later document is declared to be a disallowable instrument. This instrument affects the operation of CAO 20.7.1B.
The instrument is, therefore, a legislative instrument. Accordingly, this instrument is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
The instrument has been made at the request of the operator. The instrument is intended to renew the previous exemption issued to the operator under instrument CASA EX47/13, which was itself a renewal of a previous exemption for the operator on this matter.
These exemptions have operated satisfactorily for both the aircraft operator and aerodrome operator, and enable the safe conduct of aviation operations. In these circumstances, it is CASA’s view that no further consultation under section 17 of the LA is appropriate or reasonably practicable for this instrument.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required in this case, as the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).
Making and commencement
The exemption has been issued by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
The instrument commences on the day of registration and is repealed at the end of 30 April 2019.
[Instrument number CASA EX79/16]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — Surveillance Australia Pty Ltd operations into Lord Howe Island
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The exemption allows the runway end safety area at the Lord Howe Island aerodrome to be taken into account when calculating the length of runway available for take‑off for the operator when using DHC8-202 aircraft at this aerodrome.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority