Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — take-offs from Lady Elliott Island aerodrome
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in relation to the safety of air navigation.
Under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may grant an exemption from compliance with a provision of CASR 1998 or the Civil Aviation Regulations 1988 (CAR 1988). Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.
Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.
Under paragraph 166A (2) (f) of CAR 1988, the pilot in command of an aircraft in the vicinity of an uncontrolled aerodrome must maintain the same track from take-off until the aircraft is 500 feet above the terrain (unless required to change to avoid terrain).
In a take-off from the Lady Elliot Island Aerodrome, if the pilot has to maintain the same track until the aircraft is 500 feet above the terrain, the likelihood of a return to the aerodrome or the shallow waters of the reef, in case of an engine failure, is greatly reduced. The instrument, therefore, exempts the pilot in command of an aircraft that is taking-off from paragraph 166A (2) (f) of CAR 1988. The exemption is subject to the following conditions: the pilot must maintain the same track from take-off until the aircraft is 300 feet above the terrain; he or she must broadcast his or her intention to turn at less than 500 feet; he or she may take off under the exemption only if he or she considers that it is safe to do so; he or she must comply with the established procedures for operations at the aerodrome as established by Istlecote Pty Ltd, trading as Seair Pacific – Gold Coast, which manages the aerodrome and operates the majority of flights.
Legislative Instruments Act
Exemptions issued under regulation 11.160 of CASR 1998 are issued under subsection 98 (5A) of the Act. Subsection 98 (5A), in paragraph (a), states that the regulations may empower CASA to issue an instrument relating to the safe navigation and operation, or the maintenance, of aircraft. Subsection (5AA) states that an instrument issued under paragraph (5A) (a) is a legislative instrument if it applies to a class of persons. This exemption is accordingly a legislative instrument.
As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (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 has been issued at the request of a company which both operates the aerodrome and conducts flights to and from it.
The exemption commences on the day after registration and stops having effect at the end of 31 July 2014.
The exemption has been issued by the Director Aviation Safety, on behalf of CASA, under subsection 73 (2) of the Act.
[Instrument number CASA EX95/11