Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — application for restricted category supplemental type certificate for EADS CASA 212-400 aircraft
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 subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may grant an exemption from compliance with a provision of CASR 1998. In deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety.
Under subregulation 21.025 of CASR 1998, an applicant is entitled to a type certificate in the restricted category for a special purpose operation if it meets the requirements.
Under subregulation 21.115 of CASR 1998, an applicant for a supplemental type certificate must prove that the altered aircraft, aircraft engine or propeller meets the applicable airworthiness requirements mentioned in subregulations 21.101 (1) and (2) of CASR 1998.
Under regulation 11.225 of CASR 1998, an exemption must be published on the World Wide Web. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 2 years after its commencement), or if no day is specified, 2 years after commencement.
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 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. The operator has applied for the issue of a supplemental type certificate (STC) in the restricted category for routine Antarctic operations at a gross take‑off weight of 8 470 kg. The altered aircraft does not meet applicable airworthiness requirements and design standards.
The exemption allows CASA to consider the application for STC. CASA is satisfied safety would not be compromised if the exemption is granted.
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 the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
This instrument commences on the day after it is registered and stops having effect at the end of 30 June 2010.
The exemption has been made by a delegate of CASA under subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA EX90/08]