Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from standard take-off and landing minima – British Airways
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Under subregulation 257 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may determine the meteorological minima, that is the visibility requirements, for landing or take-off at an aerodrome. Under subregulation 257 (2), the determination must be published in AIP or NOTAMS. Under subregulation 257 (3), it is an offence for an aircraft to take off if an element of the meteorological minima for that operation is less than that determined for the aircraft at the aerodrome.
The determination of standard meteorological minima for take-off and landing is made in instrument CASA 237/10. The minima are also set out in AIP En Route 1.5, sections 4.3 and 4.4. If conditions are met, the minimum visibility for take-off inside or outside Australian territory is 550 metres, and the minimum for landing inside or outside Australian territory is 800 metres runway visibility, or 550 metres runway visual range. An exemption would be required to operate with lower minimum visibility (low visibility operations or LVO).
Under subregulation 308 (1) of 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. Under subregulation 308 (2), before making an exemption, CASA must take into account any relevant considerations relating to the interests of safety. Under subregulation 308 (3), CASA may make an exemption subject to any condition specified in the exemption as being necessary in the interests of safety. Under subregulation 308 (3A), it is an offence to contravene a condition of an exemption that is otherwise being relied upon for an operation.
The exemption has been issued for British Airways plc (BA) for the conduct of LVO in Australia. It replaces instrument CASA EX24/10. The exemption adds B777‑300 aeroplanes to the aeroplanes previously covered.
The exemption states the minima for the various aeroplanes, as well as the conditions for their use. For instance, the use of the lower minima will require a higher standard of runway lighting (see clause 8 in Schedule 2), with high intensity runway lights required for take-offs with less than 350 m runway visual range.
In essence, the operator must ensure that specified visibility standards are met for take-offs and landings. These may be performed only at aerodromes properly equipped to support the LVO conducted under the exemption. As a foreign aircraft operator, BA must also conduct its operations in accordance with the approval to conduct LVO issued by the United Kingdom Civil Aviation Authority.
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. Under subregulation 308 (4) of CAR 1988, an exemption is a disallowable instrument. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is required by BA 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 which are not considered prejudicial to the interests of safety.
Office of Best Practice Regulation (OBPR)
The exemption would be of beneficial effect to the operator. The OBPR has previously not required preparation of a Regulation Impact Statement in such exemptions, because a preliminary assessment of business compliance costs in respect of the instruments indicates that they have only a nil or low impact on business.
Making and commencement
The exemption has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
The instrument commences on the day after it is registered. It stops having effect at the end of 31 October 2012.
[Instrument number CASA EX86/10]
Overview
The Civil Aviation Regulations 1988 were enacted to address safety concerns and operational standards in the aviation industry, particularly in relation to take-off and landing minima, as outlined in the Civil Aviation Act 1988. This legislation empowers the Governor-General to establish regulations that ensure the safety of air navigation, delegating the responsibility to the Civil Aviation Safety Authority (CASA) to determine meteorological minima for take-off and landing at aerodromes. In accordance with these regulations, an exemption was issued for British Airways plc to conduct low visibility operations (LVO) in Australia, enhancing the safety standards and operational requirements for specific aircraft types, such as the B777-300. The exemption, which replaces a previous instrument, mandates specific visibility standards and operational conditions, including the requirement for high-intensity runway lighting, to ensure safety during low visibility conditions. This legislative measure is subject to parliamentary disallowance and is intended to facilitate operations that meet stringent safety criteria without unduly impacting business operations.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 (the Act) regulate the safety of air navigation, including the setting of meteorological minima for take-off and landing at aerodromes. Specifically, subregulation 257(1) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to determine the visibility requirements for landing or take-off, which are published in the Aeronautical Information Publication (AIP) or Notices to Airmen (NOTAMS). The standard meteorological minima are set at 550 metres for take-off and 800 metres for landing. An exemption from these standards can be issued under subregulation 308(1) of CAR 1988, provided safety considerations are taken into account and any conditions necessary for safety are specified. Such exemptions are subject to disallowance under the Legislative Instruments Act 2003. In this case, an exemption has been granted to British Airways plc for low visibility operations in Australia, extending to the use of B777-300 aeroplanes, and requires adherence to specific conditions including higher standards of runway lighting. The exemption is effective until 31 October 2012 and allows British Airways to conduct operations in compliance with both Australian and UK regulatory standards.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) include provisions for the establishment of standard meteorological minima for take-off and landing, which are published in the Aeronautical Information Publication (AIP) and NOTAMS. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the power to make regulations for the safety of air navigation, with the Civil Aviation Safety Authority (CASA) being delegated the authority to determine these minima (subregulation 257(1) of CAR 1988). Standard visibility requirements for take-off and landing are set at 550 metres and 800 metres runway visibility or 550 metres runway visual range respectively, but lower visibility operations (LVO) require an exemption from these standards (subregulation 257(3) of CAR 1988).
Under subregulation 308(1) of CAR 1988, CASA may grant exemptions from certain provisions of the regulations, provided it considers safety interests (subregulation 308(2) of CAR 1988). Exemptions may also include conditions necessary for safety (subregulation 308(3) of CAR 1988). For British Airways plc (BA), the exemption allows for the conduct of LVO in Australia with specified minima and conditions for various aeroplanes, such as the B777-300, including higher standards of runway lighting (clause 8 in Schedule 2). BA must ensure that specified visibility standards are met and that operations are conducted at aerodromes equipped for LVO, as well as in accordance with the approval of the United Kingdom Civil Aviation Authority.
Failure to comply with an exemption or its conditions constitutes an offence under subregulation 308(3A) of CAR 1988. The exemption is a disallowable instrument under the Legislative Instruments Act 2003 (LIA) and, therefore, subject to tabling and disallowance in the Parliament (subparagraph 6(d)(i) of the LIA). Despite the requirement for consultation under section 17 of the LIA, this exemption was issued without such consultation as it is deemed necessary for BA to conduct LVO consistent with specified standards and requirements that do not jeopardise safety. The Office of Best Practice Regulation has determined that such exemptions have a nil or low impact on business, hence no Regulation Impact Statement is required. The exemption was made by the Director of Aviation Safety on behalf of CASA and will commence on the day after registration, expiring on 31 October 2012.