CASA EX79/16 - Exemption — Surveillance Australia Pty Ltd operations into Lord Howe Island

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2016L00835 Not in force Legislative Instrument

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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

 

Overview

The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of air navigation and aircraft operations in Australia. These regulations were introduced to address the need for comprehensive and enforceable safety standards in the aviation sector. The Civil Aviation Safety Regulations 1998 were established under the authority of the Civil Aviation Act 1988, with the overarching policy objective of enhancing aviation safety through regulatory measures. The Civil Aviation Safety Authority (CASA) has the power to issue directions and exemptions to ensure compliance with safety standards. This legislative instrument specifically provides an exemption for Surveillance Australia Pty Ltd operations, allowing the runway end safety area (RESA) at the Lord Howe Island aerodrome to be considered when calculating the length of the runway available for take-off for DHC8-202 aircraft. This exemption aims to enhance safety by utilising the RESA, which is constructed to the same standard as the runway, thereby effectively increasing the runway length available for take-offs. The exemption is subject to conditions and is renewable, reflecting CASA's commitment to maintaining high safety standards while accommodating operational needs.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide for the granting of exemptions from particular provisions of the regulations or the Civil Aviation Orders (CAOs) under subregulation 11.160(1) of CASR 1998. In this context, the Civil Aviation Safety Regulations 1998 have been amended to provide an exemption for Surveillance Australia Pty Ltd when using DHC8-202 aircraft at Lord Howe Island aerodrome. This exemption 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 deviation from the standard practice where RESAs generally cannot be considered in such calculations due to their typically lower bearing strength compared to the runway itself. Given the specific construction standards of the RESAs at Lord Howe Island, their inclusion in take-off calculations is deemed acceptable and contributes to enhanced safety by effectively increasing the runway length available. The exemption is subject to the conditions set by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation and is published on the Internet as required by regulation 11.225 of CASR 1998. The exemption is also subject to a maximum duration of three years under regulation 11.205 of CASR 1998, and its non-compliance is a strict liability offence under regulation 11.210. This exemption, as a legislative instrument, is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislation Act 2003, and it has been issued under the authority of CASA, which has been delegated by subregulation 11.260(1) of CASR 1998. The exemption commences on the day of registration and is repealed at the end of 30 April 2019.

Key Provisions

The key operative sections of the legislation focus on the exemption granted to Surveillance Australia Pty Ltd (SurlAt) for using DHC8-202 aircraft at the Lord Howe Island aerodrome. According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the Act, particularly concerning the safety of air navigation. Under subregulation 235(2) of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) can issue directions concerning maximum take-off weights for aeroplanes, which are implemented through Civil Aviation Orders (CAOs). Specifically, CAO 20.7.1B sets out the take-off and landing weight limitations for certain aeroplanes. Subregulation 11.160(1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) allows CASA to grant exemptions from the regulations or the CAOs if necessary for air navigation safety. Regulation 11.205 permits CASA to impose conditions on these exemptions, and non-compliance with these conditions is a strict liability offence under regulation 11.210. The obligations imposed by the Act require CASA to consider safety when granting exemptions. Regulation 11.205 mandates that CASA can impose conditions on the exemption if necessary for the safety of air navigation. Furthermore, the exemption must be published on the Internet as per regulation 11.225, and it must not exceed a duration of three years, as stated in subregulation 11.230(1). This exemption allows SurlAt to consider the runway end safety area (RESA) at the Lord Howe Island aerodrome when calculating the length of runway available for take-offs, which is otherwise generally not permissible. The legislation outlines specific offences, penalties, and consequences for non-compliance. Under regulation 11.210, it is a strict liability offence not to comply with the obligations imposed by a condition of an exemption. This means that if an entity fails to adhere to the conditions set by CASA, they can be held liable regardless of their intent or negligence. The maximum penalties for such offences are not explicitly stated in the text but are typically outlined in the broader regulatory framework of the Civil Aviation Act and associated regulations. Additionally, the legislative instrument is subject to tabling and disallowance in Parliament, as stipulated by the Legislation Act 2003. The instrument has been made at the request of the operator and is intended to renew a previous exemption that has operated satisfactorily, allowing for the safe conduct of aviation operations. A Statement of Compatibility with Human Rights has been prepared, confirming that the exemption does not engage any of the applicable rights or freedoms.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.