CASA EX95/11 – Exemption – take-offs from Lady Elliott Island aerodrome

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation, and are administered by the Civil Aviation Safety Authority (CASA). This regulatory framework enables CASA to grant exemptions from compliance with certain provisions, subject to safety considerations and stipulated conditions. The exemption in question, issued under the authority of the Civil Aviation Act 1988, specifically addresses operational challenges at the Lady Elliot Island Aerodrome. Given the unique geographical constraints of the aerodrome, which is surrounded by shallow waters and a reef, the exemption allows pilots to deviate from the standard requirement to maintain the same track from take-off until 500 feet above the terrain. Instead, pilots can maintain the same track until 300 feet, broadcasting their intention to turn earlier, provided they deem it safe and adhere to established operational procedures. This legislative instrument, issued as a minor or machinery nature exemption, aims to enhance operational safety at the aerodrome while accommodating the specific conditions of take-offs from this location. The exemption is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003 and was issued at the request of Istlecote Pty Ltd, trading as Seair Pacific – Gold Coast, the entity managing the aerodrome.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended, provide a framework for ensuring the safety of air navigation in Australia, and the instrument F2011L01766 offers an exemption specific to take-offs from Lady Elliott Island Aerodrome. This exemption applies to the pilot in command of an aircraft taking off from this particular aerodrome, allowing deviation from the standard requirement to maintain the same track from take-off until the aircraft is 500 feet above the terrain. Instead, the pilot can maintain the same track until the aircraft reaches 300 feet, provided they broadcast their intention to turn at less than 500 feet and ensure it is safe to do so. This exemption is subject to compliance with the established procedures for operations at the aerodrome as set by Istlecote Pty Ltd, trading as Seair Pacific – Gold Coast, the entity managing the aerodrome and operating the majority of flights. The exemption is valid until the end of 31 July 2014 and is issued under the authority of the Civil Aviation Act 1988, specifically section 98, which empowers the Governor-General to make regulations concerning aviation safety. As a legislative instrument, it adheres to the requirements of the Legislative Instruments Act 2003, including registration and potential disallowance by Parliament. This exemption is tailored to address specific safety concerns related to the geographical and operational characteristics of Lady Elliott Island Aerodrome.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) under the Civil Aviation Act 1988 allow the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with certain regulations. Specifically, under regulation 11.160 of CASR 1998, CASA can grant exemptions from the requirements of CASR 1998 or the Civil Aviation Regulations 1988 (CAR 1988), provided it is deemed necessary for the safety of air navigation. This particular exemption, issued under section 98 of the Act, pertains to take-offs from the Lady Elliot Island Aerodrome. The exemption relieves the pilot in command from the requirement to maintain the same track from take-off until the aircraft is 500 feet above the terrain, a condition stipulated under paragraph 166A(2)(f) of CAR 1998. The exemption comes with specific conditions to ensure safety. Pilots must maintain the same track until the aircraft reaches 300 feet above the terrain, broadcast their intention to turn at less than 500 feet, and only take off if they deem it safe. Furthermore, pilots must comply with the established procedures for operations at the aerodrome, as managed by Istlecote Pty Ltd, trading as Seair Pacific – Gold Coast, which operates the majority of flights to and from Lady Elliot Island. This regulation is subject to subregulation 11.205(1) of CASR 1998, which allows CASA to impose conditions on an exemption if necessary for the safety of air navigation. Under the Legislative Instruments Act 2003, the exemption falls under a legislative instrument, meaning it is subject to tabling and disallowance in Parliament. Despite this, consultation under section 17 of the LIA was not undertaken as the exemption is considered minor and issued at the request of the company managing the aerodrome. The exemption, identified as CASA EX95/11, was issued by the Director of Aviation Safety on behalf of CASA, under subsection 73(2) of the Act. There are significant consequences for breaches of this exemption. While the specific penalties for non-compliance are not detailed in the explanatory statement, breaches of civil aviation regulations can generally result in severe penalties. These may include substantial fines, imprisonment, or both, depending on the severity of the breach and its impact on aviation safety. The exemption must also be published on the Internet, and it ceases to have effect on the specified date, or 3 years after its commencement if no date is specified, as per regulation 11.225 and subregulation 11.230(1) of CASR 1998.