Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Safety Regulations 1998
Exemption – for operations into Lord Howe Island – Qantaslink
Legislation
Under subsection 98 (1) of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and the safety of air navigation. Under subsection 98 (5A) of the Act, the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation, maintenance, and airworthiness of aircraft, and design standards for aircraft.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of these regulations (including the Civil Aviation Regulations 1988 (CAR 1988)) or a provision of the Civil Aviation Orders in relation to a matter mentioned in that subsection.
Under subregulation 11.160 (2) of CASR 1998, 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), 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.
Subregulation 235 (2) of CAR 1988 provides that CASA may, for the purposes of ensuring the safety of air navigation, give directions setting out how to determine the maximum take‑off and landing weights of an aircraft. These are given by: paragraph 4.1 of Civil Aviation Order 20.7.1B (CAO 20.7.1B), which provides for the determination of take-off weight limitations; paragraph 5.1, which provides for the determination of landing weight limitations; and paragraph 11.1, which provides for the landing distance required.
The exemption applies only to the requirements of subparagraphs 4.1 (a), (b) and (c) of CAO 20.7.1B to allow the runway end safety area (RESA) at Lord Howe Island aerodrome to be taken into account when calculating the length of runway available for take-off. RESA is an area symmetrical about the extended runway centreline and beside the end of the strip, primarily intended to reduce the risk of damage to an aeroplane undershooting or overrunning the runway. Generally, a RESA cannot be taken into account in the length of runway available for take-offs. It must be available in case of a need for extra distance in landing or taking-off. Its bearing strength is often less than the bearing strength of the runway.
The exemption applies only to the operations of DHC-8-200 aircraft by Eastern Australia Airlines Pty Limited (EAA) and Sunstate Airlines (Qld) Pty Limited (SSA). EAA and SSA are related companies and are referred to collectively as Qantaslink. The exemption is subject to conditions relating to the operation of the aircraft.
At Lord Howe Island, the RESAs are constructed to an equivalent standard to the runway. It is, therefore, acceptable for the departure end of the RESA to be used for take-offs and is a safety enhancement that provides for more runway length than would otherwise be available. The exemption allows the RESA to be used for this purpose. It also contains particulars of the relevant Runway 10/28 requirements to ensure the safety of the operations under the exemption.
Legislative Instruments Act 2003 (the LIA)
Exemptions issued under regulation 11.160 of CASR 1998 are issued under subsection 98 (5A) of the Act which states that the regulations may empower CASA to issue an instrument relating to the safe navigation and operation, or the maintenance, of aircraft. Subsection 98 (5AA) of the Act states that an instrument issued under paragraph (5A) (a) is a legislative instrument if it applies to a class of aircraft. This exemption applies to a class of aircraft and so it is a legislative instrument. As a legislative instrument 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 has been specifically requested for both the airlines referred to. It also replaces a previous instrument (CASA EX65/09) that applied to the same airlines.
The instrument commences on 1 September 2011 and stops having effect at the end of 31 August 2014.
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX97/11]