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]
Overview
The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to provide comprehensive regulations governing the safety of air navigation in Australia. This legislation was introduced to address the need for stringent safety measures and regulatory oversight in the aviation industry to ensure the safety of air navigation and operations. The Australian Parliament, through the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue regulations and exemptions to maintain high safety standards. This particular exemption, issued under subsection 98(5A) of the Act, aims to enhance safety by allowing the use of the runway end safety area (RESA) for take-offs at Lord Howe Island aerodrome, subject to specific conditions. This exemption benefits the operations of DHC-8-200 aircraft by Eastern Australia Airlines Pty Limited and Sunstate Airlines (Qld) Pty Limited, collectively known as Qantaslink, by providing a longer runway length for take-offs while ensuring safety compliance. The exemption is subject to conditions and is published on the Internet in accordance with the Civil Aviation Safety Regulations 1998.
Scope and Application
The exemption pertains to the operations of DHC-8-200 aircraft by Eastern Australia Airlines Pty Limited (EAA) and Sunstate Airlines (Qld) Pty Limited (SSA), both of which operate under the Qantaslink brand. It specifically addresses the calculation of the length of runway available for take-offs at Lord Howe Island aerodrome, allowing the runway end safety area (RESA) to be considered, which is not typically permissible under general aviation regulations. This exemption is granted to enhance safety by effectively increasing the usable runway length. The exemption is subject to specific conditions that ensure the safety of air navigation and is published on the Internet, in line with regulatory requirements. It is a legislative instrument under the Legislative Instruments Act 2003 and was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988. The exemption is effective from 1 September 2011 and will cease on 31 August 2014, unless terminated earlier. The exemption is not subject to disallowance as no consultation was required under the Legislative Instruments Act 2003 in this instance, and it replaces a previous exemption (CASA EX65/09).
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) provide the framework for granting exemptions under subregulation 11.160(1) from specific regulatory requirements to ensure safe air navigation. This particular exemption, as detailed in subregulation 11.160(2), allows Qantaslink, comprising Eastern Australia Airlines Pty Limited and Sunstate Airlines (Qld) Pty Limited, to operate DHC-8-200 aircraft taking into account the runway end safety area (RESA) at Lord Howe Island aerodrome when calculating the length of the runway available for take-offs. This is a notable departure from standard practice, as generally, the RESA cannot be taken into account in the length of runway available for take-offs, except in this case where the RESA at Lord Howe Island is constructed to an equivalent standard to the runway, enhancing safety by providing more runway length than otherwise available.
The exemption is subject to certain conditions that must be adhered to by Qantaslink to ensure the safety of air navigation. These conditions are stipulated under subregulation 11.205(1) and are specific to the operations of the DHC-8-200 aircraft at Lord Howe Island. By imposing these conditions, the Civil Aviation Safety Authority (CASA) ensures that the exemption does not compromise the safety standards required for air operations. The exemption also specifies the relevant Runway 10/28 requirements, providing detailed guidelines to maintain safety during operations under the exemption.
Under the Civil Aviation Act 1988 (the Act), the exemption is considered a legislative instrument as it applies to a class of aircraft and is issued under subsection 98(5A) of the Act. As such, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). The exemption has been issued at the specific request of the airlines involved and replaces a previous exemption (CASA EX65/09) that applied to the same airlines. The instrument is effective from 1 September 2011 and will cease to have effect on 31 August 2014.
Failure to comply with the conditions of the exemption or the regulations under which it was granted could result in significant consequences. While specific penalties are not detailed in the provided text, breaches of aviation safety regulations can generally lead to civil or criminal penalties, including fines and potential grounding of aircraft. CASA is empowered to enforce these regulations rigorously to maintain the high safety standards required in air navigation.