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 EX83/09, issued to the operator which ceased to have effect at the end of March 2010.
This instrument commences on the day after it is registered and stops having effect at the end of March 2011.
The exemption has been made by the Director of Aviation Safety, on behalf of CASA, under subsection 73 (2) of the Act.
[Instrument number CASA EX87/10]
Overview
The Civil Aviation Regulations 1988, as amended by F2010L02614, were enacted to address a specific operational need in the Australian Antarctic region. This legislative instrument, issued under the authority of the Civil Aviation Act 1988, provides an exemption for the carriage of passengers on EADS CASA 212-400 aircraft within Antarctica, operated by Skytraders Pty Ltd for the Australian Antarctic Division. The primary concern addressed by this exemption is to ensure the safety and compliance of these aircraft, which have been modified to operate under the unique and challenging conditions found in Antarctica, while still being limited to a maximum take-off weight of 8,470 kg. This exemption allows for the continued safe operation of these aircraft for the essential transport of personnel and cargo within the Antarctic region, under strict conditions imposed by the Civil Aviation Safety Authority (CASA) to safeguard air navigation.
Scope and Application
The Civil Aviation Regulations 1988, under the authority of the Civil Aviation Act 1988, provide that the Governor-General may enact regulations for the Act, particularly to ensure the safety of air navigation. The Civil Aviation Regulations 1988 also allow the Civil Aviation Safety Authority (CASA) to exempt aircraft, or persons involved with their operation, from specific provisions of the regulations, provided certain conditions are met to ensure safety. The exemption in question applies to the carriage of passengers on EADS CASA 212-400 aircraft operated by Skytraders Pty Ltd within Antarctica. This exemption allows these aircraft, which have been modified to operate under the extreme conditions of Antarctica and hold restricted category certificates of airworthiness, to transport passengers and cargo within Antarctica for the Australian Antarctic Division. However, this exemption is strictly limited to operations within Antarctica and does not permit the use of these aircraft for charter services between Australia and Antarctica. The exemption is subject to tabling and disallowance in Parliament as per the Legislative Instruments Act 2003 and is effective until the end of March 2011.
Key Provisions
The primary sections of this legislation pertain to the exemption of specific aircraft from certain provisions of the Civil Aviation Regulations 1988 (CAR 1988) (subsection 98(1) of the Civil Aviation Act 1988). Regulation 308 of the CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt aircraft or persons involved in the operation of the aircraft from specified regulations. This exemption is contingent on CASA imposing necessary conditions to ensure safety (subregulation 308(3) of CAR 1988). Moreover, subregulation 262AL(3) of CAR 1988 generally prohibits restricted category aircraft from carrying out charter operations involving passengers and cargo. This legislation specifically exempts CASA 212-400 aircraft, modified for Antarctic conditions, from this prohibition when used for transporting passengers and cargo within Antarctica for the Australian Antarctic Division (AAD). The exemption applies solely to operations within Antarctica and not for charter services from Australia to Antarctica.
The obligations imposed by this legislation on the parties involved, primarily Skytraders Pty Ltd, the operator of the CASA 212-400 aircraft, are stringent. The aircraft must adhere strictly to the imposed conditions to ensure safety, particularly regarding the maximum take-off weight limit of 8,470 kg. These conditions are essential to maintain compliance with safety standards, especially considering the unique and harsh operating conditions in Antarctica. The operator must ensure that all operations are conducted in accordance with these conditions and the specific terms of the contract with the AAD.
Failure to comply with the conditions set out in the exemption may result in serious consequences. Under subregulation 308(3) of CAR 1988, CASA can impose conditions necessary for safety, and non-compliance could be considered a breach of these conditions. Although the specific penalties for breaching the conditions are not detailed in the provided text, breaches of aviation regulations generally can lead to substantial civil or criminal penalties. Civil penalties might include fines, while criminal penalties could involve imprisonment, reflecting the severity of ensuring safety in aviation operations. The exemption is also subject to parliamentary disallowance under the Legislative Instruments Act 2003, adding another layer of oversight and accountability.