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]
Overview
The Civil Aviation Regulations 1988, as amended, provide a framework for the regulation of aviation safety in Australia. One such amendment is the exemption for the carriage of passengers on EADS CASA 212-400 aircraft within Antarctica, introduced to address the specific operational needs of Skytraders Pty Ltd in transporting personnel and supplies for the Australian Antarctic Division. This exemption was enacted to ensure the safety of operations in the unique Antarctic environment, where the aircraft have been modified to meet stringent conditions. The exemption allows for the operation of these aircraft within Antarctica under a contract with the Australian Antarctic Division, provided they adhere to a maximum take-off weight of 8,470 kg. This legislative instrument was issued by the Deputy Director of Aviation Safety, a delegate of the Civil Aviation Safety Authority (CASA), and is subject to tabling and disallowance in Parliament, in accordance with the Legislative Instruments Act 2003. This exemption ensures that the aircraft can perform their critical role in Antarctica while maintaining the high safety standards required by Australian civil aviation law.
Scope and Application
The Civil Aviation Regulations 1988, as amended by the exemption concerning the carriage of passengers on EADS CASA 212-400 aircraft within Antarctica, apply specifically to Skytraders Pty Ltd, which operates two CASA 212-400 aircraft modified for Antarctic operations. These aircraft are used exclusively to transport passengers and cargo within Antarctica for the Australian Antarctic Division, a part of the Department of the Environment and Water Resources. The exemption pertains to the operations of these aircraft within the Antarctic region, ensuring that they adhere to safety standards while conducting these specialised missions. It is important to note that the exemption does not extend to charter operations involving the transport of persons or cargo from Australia to Antarctica, and the aircraft must not exceed a maximum take-off weight of 8,470 kg to qualify for the exemption. The exemption is a legislative instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in Parliament, and while it replaces a previous exemption that expired in March 2009, it is effective until the end of March 2010.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) under regulation 308(3) allow the Civil Aviation Safety Authority (CASA) to exempt aircraft or persons involved in the operation of an aircraft from compliance with certain specified provisions of CAR 1988. This is subject to conditions imposed by CASA, which must be necessary for safety reasons. Subregulation 262AL(3) of CAR 1988 typically prohibits the operation of restricted category aircraft for charter purposes involving the carriage of passengers or cargo. However, in this specific case, CASA has granted an exemption for the CASA 212-400 aircraft operated by Skytraders Pty Ltd, allowing them to transport passengers and cargo within Antarctica for the Australian Antarctic Division (AAD). This exemption is conditional on the aircraft not being used for charter operations outside Antarctica, and being limited to a maximum take-off weight of 8,470 kg. The exemption is valid only for operations within Antarctica and does not extend to charter operations from Australia to Antarctica.
The obligations imposed by this exemption on Skytraders Pty Ltd and CASA include adherence to the conditions set forth by CASA to ensure the safe operation of the aircraft within Antarctica. CASA must ensure that the aircraft modifications are adequate to meet safety standards for Antarctic conditions, and Skytraders must comply with the specified operational limitations, including the maximum take-off weight. CASA’s role includes ongoing oversight to verify that the conditions of the exemption are being met and that safety standards are maintained. The operator must also ensure that all crew and passengers are aware of and comply with the operational constraints and safety protocols established by CASA.
Failure to comply with the conditions of this exemption could result in serious safety risks, as the operations are conducted in a challenging and remote environment. The penalties for non-compliance could include the revocation of the exemption, which would then render the operations illegal. Additionally, CASA has the authority to impose further regulatory actions, including fines or other sanctions, under the Civil Aviation Act 1988. The maximum penalties for breaches of aviation regulations can include substantial fines, imprisonment, or both, depending on the severity and circumstances of the breach. CASA may also take legal action to enforce compliance, which could result in significant civil or criminal liability for the operator.