CASA EX91/09 - Exemption - use of ADS-C separation minima

Overview

The Civil Aviation Safety Regulations 1998 were amended by the Civil Aviation Safety Regulations 1998 (Exemption — use of ADS-C separation minima) 2009, which was enacted to address the operational efficiency issue caused by the constraints of the Manual of Standards. This legislative instrument, made by a delegate of the Civil Aviation Safety Authority (CASA) under the authority provided by the Civil Aviation Act 1988, allows Airservices Australia to use ADS-C separation methods in a manner that enhances flight operations, particularly when aircraft cross the boundary between continental control areas and oceanic control areas. This exemption aims to facilitate smoother operations and better utilisation of ADS-C technology, thereby improving overall air navigation safety. The instrument is subject to disallowance in the Parliament under the Legislative Instruments Act 2003, although consultation under the Legislative Instruments Act has not been undertaken. The exemption is effective from the day after its registration until the end of September 2011.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) govern the safety of air navigation in Australia, with the Civil Aviation Safety Authority (CASA) empowered to grant exemptions to specific provisions of these regulations to enhance operational efficiency while maintaining safety standards. In this context, the exemption issued pertains to the use of ADS-C (Automatic Dependent Surveillance-Contract) separation minima, which are methods used to determine the longitudinal distance separation between aircraft. This exemption specifically addresses the operational constraints imposed by the Manual of Standards Part 172 — Air Traffic Services (MOS), which restricts the use of ADS-C separation when aircraft are situated on either side of the boundary between the continental Control Area (CTA) and the Oceanic Control Area. CASA has granted this exemption to Airservices Australia (AA), an approved air traffic services provider, to enable more efficient flight operations. The exemption is subject to the Legislative Instruments Act 2003, making it a disallowable instrument that must be tabled and can be disallowed by Parliament. This exemption applies only to AA and is in effect from the day after its registration until the end of September 2011.

Key Provisions

The main operative sections of this piece of legislation, the Civil Aviation Safety Regulations 1998 (CASR 1998), provide for the granting of exemptions to compliance with certain provisions in the interest of air navigation safety. Subsection 98(1) of the Civil Aviation Act 1988 allows for the making of regulations by the Governor-General, including those for the safety of air navigation. Subregulation 11.160(1) of the CASR 1998 empowers the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with specific provisions of the regulations. The exemption may apply to an individual or a class of persons, and conditions may be imposed to ensure safety, as per subregulation 11.205(1). In this case, the exemption relates to the use of ADS-C separation minima, allowing Airservices Australia (AA) to use ADS-C separation in a manner that enhances flight operational efficiency. The Act imposes obligations on the parties it governs, primarily focusing on ensuring the safety of air navigation. Under subregulation 172.065(1) of the CASR 1998, Air Traffic Services (ATS) providers, such as AA, must ensure that their services adhere to specified standards. These standards are detailed in the Manual of Standards Part 172 — Air Traffic Services (MOS), which includes requirements for determining longitudinal distance separation using ADS-C. The exemption allows AA to use ADS-C separation methods even when aircraft are on either side of the boundary between the continental Control Area (CTA) and the Oceanic Control Area, which was previously not permissible under the MOS. This flexibility aims to improve operational efficiency while maintaining safety. The legislation outlines potential consequences for non-compliance with the regulations and exemptions. The exemption granted under subregulation 11.160(2) of the CASR 1998 is subject to the Legislative Instruments Act 2003 (LIA). Under subparagraph 6(d)(i) of the LIA, this exemption is considered a disallowable instrument, meaning it is subject to tabling and disallowance in the Parliament as per sections 38 and 42 of the LIA. While consultation under section 17 of the LIA was not undertaken, the exemption was assessed against International Civil Aviation Organization (ICAO) requirements for the use of ADS-C separation. Failure to adhere to the conditions of the exemption could result in CASA revoking the exemption or taking other regulatory actions to ensure compliance with safety standards. The instrument, CASA EX91/09, was made by a delegate of CASA under subregulation 7(1) of the Civil Aviation Regulations 1988. It commences on the day after registration and ceases to have effect at the end of September 2011. This temporary nature of the exemption ensures that its impact on operational efficiency and safety can be monitored and reviewed within a defined period, allowing for adjustments if necessary.