CASA EX82/12 - Exemption - from standard take-off and landing minima - Air New Zealand

Overview

The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of air navigation and aircraft operations in Australia, providing a comprehensive regulatory framework that is supplemented by specific instruments as necessary. One such instrument, CASA EX82/12, was introduced to address the need for exemptions from standard take-off and landing minima for Air New Zealand. This exemption, issued following the approval of Melbourne Airport for Category II and III operations, allows Air New Zealand to conduct low visibility operations (LVO) under conditions that require higher standards of runway lighting and compliance with approvals from the New Zealand Civil Aviation Authority. The exemption ensures that operations are performed at aerodromes equipped to support such activities and aligns with the policy objectives of maintaining high safety standards in air navigation, as outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The instrument is a legislative one, subject to tabling and disallowance in the Parliament, and is deemed compatible with human rights and freedoms as it does not engage any relevant rights or freedoms.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) grant the Civil Aviation Safety Authority (CASA) the authority to determine the meteorological minima for landing or take-off at an aerodrome, which must then be published in the Aeronautical Information Publication (AIP) or Notice to Air Missions (NOTAM). Under these regulations, the standard minimum visibility for take-off is 550 metres, and for landing, it is 800 metres or 550 metres RVR, provided certain conditions are met. However, operations conducted under lower visibility, known as low visibility operations (LVO), require an exemption from these standard minima. The Civil Aviation Act 1988 allows for such exemptions to be granted by CASA, subject to safety considerations and the publication of the exemption on the internet. The exemption issued to Air New Zealand Ltd for conducting LVO in Australia specifies the minima for various aircraft and the conditions for their use, ensuring that specified visibility standards are met for take-offs and landings at appropriately equipped aerodromes. This exemption is a legislative instrument under the Legislative Instruments Act 2003 and is compatible with human rights and freedoms as it does not raise any human rights issues. The instrument was requested by Air New Zealand and is required 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.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide a framework for ensuring the safety of air navigation, particularly in relation to meteorological minima for take-off and landing at aerodromes. Under subregulation 257(1) of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) determines the meteorological minima, which must be published in the Aeronautical Information Publication (AIP) or Notices to Air Missions (NOTAMS). These minima establish the visibility requirements for safe take-off and landing operations at aerodromes. Specifically, under instrument CASA 70/11, the minimum visibility for take-off is 550 metres, while for landing, it is 800 metres or 550 metres RVR, depending on conditions. However, under certain circumstances, an exemption may be granted to allow operations below these minima, known as low visibility operations (LVO). CASA, under subregulation 11.160(1) of CASR 1998, has the authority to grant exemptions from specific provisions of the regulations, including the CAR 1988, if it is necessary for the safe navigation and operation of aircraft or the airworthiness of aircraft. This exemption can apply to a specific person or a class of persons, and it can be subject to specific conditions that ensure the safety of air navigation. The exemption must be published on the Internet and will typically remain in effect for up to three years, as outlined in subregulation 11.230(1) of CASR 1998. In the case of Air New Zealand Ltd, an exemption has been issued to allow the conduct of LVO within Australia. This exemption specifies the visibility standards that must be met for take-offs and landings and mandates that these operations must be performed only at aerodromes equipped to support LVO. Additionally, Air New Zealand must adhere to the approval issued by the New Zealand Civil Aviation Authority for conducting LVO. The exemption also includes conditions such as higher standards of runway lighting, which are detailed in Schedule 2. Breach of the conditions set forth in these regulations or failure to adhere to the approved standards for conducting LVO can lead to significant penalties. Under subregulations 257(3) and (4) of CAR 1988, it is an offence for an aircraft to take off or land if the meteorological conditions are below the specified minima, with potential penalties for such breaches. While the specific penalties are not detailed in the provided text, they generally include fines and possible revocation of the exemption, which could lead to further civil or criminal consequences if safety is compromised. The exemption granted to Air New Zealand is subject to the Legislative Instruments Act 2003 (LIA), which mandates that certain instruments be tabled and potentially disallowed by Parliament. This exemption is compatible with human rights and freedoms, as it does not engage any of the rights or freedoms declared in the Human Rights (Parliamentary Scrutiny) Act 2011. The Office of Best Practice Regulation (OBPR) has determined that this exemption will have a negligible impact on business compliance costs, thus not requiring a Regulation Impact Statement. The exemption was made by a delegate of CASA and comes into effect on 1 June 2012, ceasing on 31 May 2015.