Explanatory Statement
Civil Aviation Regulations 1988
Exemption — carriage of passengers on EADS CASA 212-400 aircraft within Antarctica
Legislation
Under subsection 98 (1) of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Under regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of the aircraft, from compliance with specified provisions of CAR 1988. Subregulation 308 (3) of CAR 1988 provides that CASA can impose conditions necessary in the interests of safety. Subregulation 262AL (3) of CAR 1988 provides that a person must not operate a restricted category aircraft for a purpose mentioned in paragraph 206 (1) (b) or (c). These paragraphs refer to the carriage of passengers or cargo for hire or reward on charter operations.
Skytraders Pty Ltd (the operator) operates 2 CASA 212-400 aircraft manufactured by the European aircraft manufacturing company CASA, a subsidiary of the European Aeronautic Defence and Space Company (EADS), on operations in Antarctica. The aircraft are used to transport passengers and cargo within Antarctica for the Australian Antarctic Division (AAD) of the Department of the Environment and Water Resources. The aircraft have been subject to modifications to permit them to operate in the conditions prevailing in Antarctica and have been issued with restricted category certificates of airworthiness. Restricted category aircraft are prohibited under subregulation 262AL (3) of CAR 1988 from engaging in charter operations involving the carriage of passengers and cargo. CASA is, however, satisfied that the aircraft, as modified for the conditions, are able to carry passengers and cargo safely for the purposes of the AAD. However, this would only be on the basis that the aircraft are limited to a maximum take‑off weight of 8 470 kg.
The exemption allows the CASA 212-400 aircraft operated by the operator to be used for that purpose under a contract entered into with the AAD. The exemption applies only to operations within Antarctica. The aircraft will not be used for the transport of persons or cargo under charter from Australia to Antarctica.
Legislative Instruments Act
The exemption is a legislative instrument for the purposes of section 5 of the Legislative Instruments Act 2003 (the LIA). It is subject to tabling and disallowance in the Parliament under sections 38 and 42 of that Act.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is a remake of a previous instrument, CASA EX67/08, issued to the operator which ceased to have effect at the end of March 2009.
This instrument commences on the day after it is registered and stops having effect at the end of March 2010.
The exemption has been made by the Deputy Director of Aviation Safety, a delegate of CASA, under subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX83/09]