CASA EX99/13 - Exemption – from standard take-off and landing minima – Vietnam Airlines

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Legislation au F2013L01688 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption – from standard take-off and landing minima – Vietnam Airlines

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.

 

Under subregulation 257 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may determine the meteorological minima, that is the visibility requirements, for landing or take‑off at an aerodrome. Under subregulation 257 (2), the determination must be published in AIP or NOTAMS. Under subregulations 257 (3) and (4), it is an offence for an aircraft to take-off or land if an element of the meteorological minima for that operation is less than that determined for the aircraft at the aerodrome.

 

The determination of standard meteorological minima for take-off and landing was made in instrument CASA 70/11. The minima are also set out in AIP En Route 1.5. If conditions are met, the minimum visibility for landing inside or outside Australian territory is 800 metres, or 550 metres runway visual range. An exemption would be required to operate with lower minimum visibility (low visibility operations or LVO).

 

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 the regulations, including CAR 1988, in relation to a matter mentioned in that subsection. 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 of CASR 1998, 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 subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Instrument

The exemption has been issued for Vietnam Airlines Corporation of Hanoi, Vietnam (Vietnam Airlines) for the conduct of LVO (up to and including Cat III B operations) by A330-200 and B777-200ER aircraft in Australia. The exemption states the minima for the various aeroplanes mentioned, as well as the conditions for their use. For instance, the use of the lower minima will require a higher standard of runway lighting (see clause 8 in Schedule 2).

 

In essence, the operator must ensure that specified visibility standards are met for take-off and landing operations. These may be performed only at aerodromes properly equipped to support the LVO conducted under the exemption. As a foreign aircraft operator, Vietnam Airlines must also conduct its operations in accordance with the approval to conduct LVO issued by the Civil Aviation Administration of Vietnam (CAAV).

An earlier exemption (CASA EX97/12) approved Vietnam Airlines’ A330-200 and B777‑200ER aircraft for LVO take-off and Cat III A landing operations.  It also approved B777-200ER aircraft for Cat III B landing operations with no decision height requirement. The instrument revokes and replaces the earlier exemption by also approving A330‑200 aircraft for Cat III B landing operations and amends the decision height required for both classes of aircraft to 20 feet, in line with the operations specifications issued by the CAAV.

 

Legislative Instruments Act

For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the Regulations. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The exemption applies to classes of aircraft. The exemption is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).

 

Consultation

The operator has applied for a reissue of this instrument of exemption to allow A330‑200 aircraft to conduct Cat III B landing operations and to amend the decision height of those operations applicable to both A330-200 and B777-300ER aircraft. These amendments are in accordance with operations specifications issued by the CAAV. The instrument is required by the operator to enable it to conduct low visibility landings inside and outside Australian territory consistent with the standards and requirements specified in the instrument which are not considered prejudicial to the interests of safety. In these circumstances, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).

 

Making and commencement

The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.

 

The instrument commences on the day of registration. It expires at the end of 31 August 2016, as if it had been repealed by another instrument.

[Instrument number CASA EX99/13]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Exemption – from standard take-off and landing minima –
Vietnam Airlines

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

The legislative instrument permits Vietnam Airlines Corporation of Hanoi (the operator) to use minima lower than the standard take-off and landing meteorological visibility minima determined by CASA. The exemption is subject to conditions directed by CASA in the interest of safety.

 

An earlier exemption (CASA EX97/12) approved Vietnam Airlines’ A330-200 and B777‑200ER aircraft for LVO take-off and Cat III A landing operations. It also approved B777-200ER aircraft for Cat III B landing operations with no decision height requirement.

 

The primary purpose of the legislative instrument is to revoke and replace the earlier exemption to also approve A330-200 aircraft, and amend the decision height required for both A330-200 and B777-200ER aircraft to 20 feet for Cat III B landing operations.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998 were enacted to provide a framework for ensuring the safety of civil aviation in Australia. This legislation empowers the Civil Aviation Safety Authority (CASA) to make regulations and grant exemptions necessary for the safety of air navigation, as outlined in the Civil Aviation Act 1988. The authority of CASA to make these regulations is derived from section 98 of the Civil Aviation Act, which grants the Governor-General the power to establish such regulations. The policy objective of these regulations is to maintain and enhance the safety standards of aviation operations within Australia. Specifically, the Civil Aviation Safety Regulations 1998 allow CASA to determine meteorological minima for take-off and landing at aerodromes and to grant exemptions to these minima under certain conditions. The exemption in question, CASA EX99/13, allows Vietnam Airlines to conduct low visibility operations with specific aircraft, subject to CASA-imposed conditions that ensure safety. This exemption revokes and replaces an earlier exemption, CASA EX97/12, to accommodate updated operational specifications and safety requirements. This legislative instrument, issued under the authority of the Civil Aviation Safety Regulations 1998, is a response to an application by Vietnam Airlines to operate under conditions that deviate from the standard meteorological minima for take-off and landing. The exemption permits Vietnam Airlines to conduct low visibility operations with A330-200 and B777-200ER aircraft, subject to stringent conditions that ensure the safety of air navigation. These conditions include adherence to specified visibility standards and compliance with approvals from the Civil Aviation Administration of Vietnam. The instrument is designed to facilitate the safe conduct of low visibility operations by Vietnam Airlines in Australia, in alignment with international safety standards and practices.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) under the Civil Aviation Act 1988 empower the Civil Aviation Safety Authority (CASA) to grant exemptions from certain aviation safety regulations, including meteorological minima for take-off and landing, to ensure the safety of air navigation. Specifically, the exemption F2013L01688 pertains to Vietnam Airlines Corporation of Hanoi, Vietnam, allowing its A330-200 and B777-200ER aircraft to conduct low visibility operations (LVO) up to and including Cat III B operations within Australia. This exemption is subject to specific conditions, including adherence to higher standards of runway lighting and compliance with operations specifications issued by the Civil Aviation Administration of Vietnam (CAAV). The exemption is applicable to classes of aircraft and is considered a legislative instrument under the Legislative Instruments Act 2003, requiring tabling and disallowance in Parliament. It revokes and replaces an earlier exemption, CASA EX97/12, by approving A330-200 aircraft for Cat III B landing operations and amending the decision height required for both A330-200 and B777-200ER aircraft to 20 feet. The exemption is made under the authority of CASA and comes into effect on the day of registration, expiring on 31 August 2016.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide for the exemption of Vietnam Airlines Corporation of Hanoi from the standard take-off and landing minima, as outlined in CASA 70/11. Under section 11.160(1) of the CASR 1998, the Civil Aviation Safety Authority (CASA) can grant exemptions from the provisions of the regulations, including the Civil Aviation Regulations 1988 (CAR 1988), to specific persons or classes of persons, subject to the safety of air navigation. This exemption allows Vietnam Airlines to conduct low visibility operations (LVO) using A330-200 and B777-200ER aircraft in Australia, with specific conditions attached to ensure safety, such as higher standards of runway lighting (section 11.205(1) of CASR 1998). These exemptions must be published on the internet and are in effect for up to three years (section 11.230(1) of CASR 1998). The Act imposes several obligations on Vietnam Airlines, including adhering to the specified visibility standards for take-off and landing operations, ensuring that operations are conducted only at aerodromes equipped to support LVO, and complying with the approval for conducting LVO issued by the Civil Aviation Administration of Vietnam (CAAV). The operator must also meet the higher standards of runway lighting as stipulated in the exemption (clause 8 in Schedule 2). These requirements are designed to maintain safety while permitting lower visibility operations under controlled conditions. Failure to comply with the conditions specified in the exemption can result in significant legal consequences. Under subregulation 257(3) and (4) of the CAR 1988, it is an offence for an aircraft to take off or land if any element of the meteorological minima is less than that determined for the aircraft at the aerodrome. This offence carries penalties that may include fines and other sanctions as prescribed by law. Additionally, the Legislative Instruments Act 2003 provides for the disallowance of instruments that are inconsistent with the law, thereby reinforcing the importance of adhering to the specified conditions. In summary, the Civil Aviation Safety Regulations 1998 provide a framework for granting exemptions from standard meteorological minima to Vietnam Airlines, ensuring that such operations are conducted safely. The Act mandates strict compliance with the conditions set forth in the exemption, and non-compliance can lead to severe penalties, highlighting the critical role of safety in aviation operations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.