CASA EX99/14 - Repeal - exemption from standard take-off and landing minima - Thai Airways

Overview

The Civil Aviation Safety Regulations 1998, as amended, address the need for ensuring the safety of air navigation by regulating various aspects of aviation operations, including the determination of meteorological minima for take-off and landing at aerodromes. Enacted by the Parliament under the authority of the Civil Aviation Act 1988, the regulations empower the Civil Aviation Safety Authority (CASA) to establish these safety standards, which are essential for protecting both the passengers and the crew on board aircraft, as well as the public on the ground. The policy objective behind these regulations is to maintain high safety standards in civil aviation by allowing flexibility through exemptions, provided certain conditions are met. In the case of Thai Airways, the Civil Aviation Safety Regulations 1998 facilitated the issuance of exemptions from standard take-off and landing minima, enabling the airline to operate under specific conditions that cater to its operational needs while still ensuring safety.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) and the Civil Aviation Regulations 1988 (CAR 1988) provide the framework for ensuring safety in civil aviation in Australia. These regulations are underpinned by the Civil Aviation Act 1988, which authorises the Governor-General to make regulations for the safety of air navigation, including determining meteorological minima for landing or take-off at aerodromes. The Civil Aviation Safety Authority (CASA) is empowered under these regulations to issue exemptions from certain provisions, including the standard take-off and landing minima, to specific entities or classes of entities, subject to specified conditions. Instrument CASA EX156/12, which was repealed and replaced by CASA EX99/14, granted Thai Airways International Public Company Limited an exemption from the standard take-off and landing minima for particular aircraft types. This exemption applies specifically to the named operator and the listed aircraft types, and does not extend to any other operators or aircraft. The geographic reach of this legislation is national, applying across all Australian aerodromes where the exempted Thai Airways aircraft operate. The exemption does not extend to any other jurisdictions. The legislative instrument is subject to the Legislative Instruments Act 2003, which requires its tabling and disallowance in the Parliament. A Statement of Compatibility with Human Rights has been provided, confirming that the instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) and the Civil Aviation Regulations 1988 (CAR 1988) provide the framework for air navigation safety in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the Act and the safety of air navigation. Subregulation 257(1) of the CAR 1988 allows the Civil Aviation Safety Authority (CASA) to determine the meteorological minima for landing or take-off at an aerodrome, which must be published in the Aeronautical Information Publication (AIP) or Notices to Airmen (NOTAMs). According to subregulation 257(2), it is an offence for an aircraft to take off or land if the meteorological minima for that operation are less than those determined for the aircraft at the aerodrome. Subregulation 11.160(1) of the CASR 1998 permits CASA to grant an exemption from a provision of the regulations, including the CAR 1988, in relation to a matter mentioned in that subsection. The exemption may be granted to a person, or a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic. CASA has the obligation to determine and publish the meteorological minima for take-off and landing at aerodromes, as well as the authority to grant exemptions from these minima. The operator, Thai Airways International Public Company Limited, has the obligation to comply with the meteorological minima determined by CASA unless granted an exemption. CASA must ensure that any exemptions granted are in accordance with the provisions of the CASR 1998 and the CAR 1988, and that they do not compromise the safety of air navigation. The operator must ensure that its operations are conducted in accordance with any exemptions granted by CASA and that they comply with all other applicable safety regulations. The legislation provides for civil and criminal consequences for breaches of the regulations. Under subregulations 257(3) and (4) of the CAR 1988, 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 maximum penalty for an individual is a fine of up to $12,600, and for a body corporate, a fine of up to $63,000. Additionally, CASA may impose administrative penalties, such as fines or suspension of an operator's licence, for non-compliance with the regulations. The legislative instrument, CASA EX99/14, which repeals CASA EX156/12, is a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. The instrument CASA EX99/14 repeals CASA EX156/12, which exempted Thai Airways International Public Company Limited from compliance with the standard take-off and landing minima determined by CASA. The new instrument allows the operator to conduct low-visibility take-offs and CAT II and CAT III landings in prescribed classes of aircraft, subject to conditions. The instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms. The instrument is made by a delegate of CASA relying on the power of delegation under subregulation 11.260(1) of the CASR 1998 and commences on the day of registration. It expires on the day after registration, as if it had been repealed by another instrument.