Civil Aviation Amendment Regulations 2000 (No. 9)

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Civil Aviation Amendment Regulations 2000 (No. 9) 2000 No. 296

EXPLANATORY STATEMENT

Statutory Rules 2000 No. 296

Issued by the Authority of the Minister for Transport and Regional Services

Civil Aviation Act 1988

Civil Aviation Amendment Regulations 2000 (No. 9)

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the GovernorGeneral may make regulations for the purposes of the Act and in relation to the safety of air navigation.

Subsection 9 (1) of the Act specifies that the Civil Aviation Safety Authority (CASA) has the function of conducting safety regulation of civil air operations by means that include developing and promulgating appropriate, clear and concise safety standards and issuing certificates, licences, registrations and permits.

The Regulations clarify the method CASA uses to formally notify operators of Reduced Vertical Separation Minimum (RVSM) approvals and to place an additional requirement on operators so that CASA can maintain a more accurate database of RVSM approvals.

RVSM airspace is 'special qualification' airspace designated by a competent authority. It is airspace between 29,000 feet and 41,000 feet (i.e. from Flight Levels 290 to 410 inclusive) where a 1000 feet vertical separation minimum applies between RVSM approved aircraft. A 2000 feet vertical separation minimum applies between non-approved aircraft above Flight Level 290. These are internationally agreed standards.

The International Civil Aviation Organization (ICAO) requires that aircraft and operators be approved by a competent authority before conducting operations in RVSM airspace. The approvals process consists of an RVSM airworthiness approval and an RVSM operational approval.

The existing regulations empower CASA to approve particular aircraft as suitable for operations in RVSM airspace and approve Australian operators to operate aircraft covered by the operator's approval in RVSM airspace.

The existing regulations provide for the administrative control of those approvals and empower CASA to suspend or cancel an approval in certain circumstances. The regulations require CASA to issue 'certificates' to indicate an approval. CASA uses legal instruments to fulfil this requirement but now finds that the administration of legal instruments for RVSM approvals is cumbersome and difficult to manage.

The amending Regulations remove the requirement to issue a 'certificate' as the form of approval and allows a more simplified and flexible procedure to be introduced.

At present, CASA can not maintain an accurate record of RVSM approvals because the existing regulations do not specify all of the circumstances under which an operator must report changes in the operator's fleet of RVSM approved aircraft.

CASA must, under international obligations, provide accurate and up to date information on Australian approvals to international bodies charged with the responsibility of maintaining RVSM databases. The amending Regulations require an Australian operator to notify CASA when an aircraft ceases to be operated by the operator.

Details of the amending Regulations are attached.

The Regulations commence on gazettal.

ATTACHMENT

Civil Aviation Amendment Regulations 2000 (No. 9)

DETAILS OF THE AMENDING REGULATIONS

Regulation 1 - Name of Regulations

Regulation 1 sets out the name of the Regulations as the Civil Aviation Amendment Regulations 2000 (No. 9).

Regulation 2 - Commencement

Regulation 2 provides that these Regulations commence on gazettal.

Regulation 3 - Amendment of Civil Aviation

Regulations 1988 Regulation 3 provides that Schedule 1 amends the Civil Aviation Regulations 1988.

Schedule 1        Amendments

ITEM 1 - Subregulation 181G(2)

Regulation 181G empowers CASA to approve an application for an RVSM airworthiness approval and sets out the criteria for approval. New subregulation 181G(2) more clearly states that written notices of approval may include other information, and covers the intent of regulation 181W which is to be omitted.

ITEM 2 - Subregulation 181M(2)

Regulation 181M empowers CASA to approve an application for an RVSM operational approval and sets out the criteria for approval. New subregulation 181M(2) more clearly states that written notices of approval may include other information, and covers the intent of regulation 181W which is to be omitted.

ITEM 3 - Regulation 181Q, heading

Regulation 181 Q states what CASA must do when an aircraft listed on an operator's RVSM operational approval has had its RVSM airworthiness approval cancelled by either CASA or, in the case of an aircraft with a foreign RVSM airworthiness approval, by another country. The change in the heading allows other reasons for the removal of aircraft from an RVSM operational approval to be included in the regulations, for example, new regulation 181QA.

ITEM 4 - New regulation 181QA

New regulation 181QA explains what an operator and CASA must do when an aircraft listed on an operator's RVSM operational approval ceases to be operated by the operator.

ITEM 5 - Regulation 181W

Regulation 181W provides for CASA to issue 'certificates of approval' setting out relevant information. This regulation is now omitted because the requirement imposes an unnecessary administrative burden because the certificates must be issued as legal instruments, and, as such, restricts the administrative methods available to CASA for issuing an approval.

 

Overview

The Civil Aviation Amendment Regulations 2000 (No. 9) were introduced to address issues with the administration of Reduced Vertical Separation Minimum (RVSM) approvals under the Civil Aviation Act 1988. Enacted by the Australian Government, these regulations aim to streamline the approval process for RVSM operations, thereby improving the efficiency with which the Civil Aviation Safety Authority (CASA) manages safety standards and approvals. The previous requirement for CASA to issue formal 'certificates of approval' was found to be cumbersome and difficult to manage. The amending regulations replace this with a simplified and more flexible approval procedure, allowing CASA to maintain a more accurate database of RVSM approvals. Additionally, the regulations mandate that Australian operators notify CASA when an aircraft ceases to be operated, ensuring that CASA can provide accurate information to international bodies responsible for maintaining RVSM databases.

Scope and Application

The Civil Aviation Amendment Regulations 2000 (No. 9) are subsidiary legislation made under the Civil Aviation Act 1988 and apply to aviation operations within Australia. The Regulations specifically target aircraft operators and Civil Aviation Safety Authority (CASA), regulating the process and requirements for Reduced Vertical Separation Minimum (RVSM) approvals. RVSM pertains to the vertical separation between aircraft operating in specified high-altitude airspace, and the Regulations provide a streamlined method for CASA to notify operators of such approvals and for operators to report changes in their RVSM-approved fleet. CASA is tasked with ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO), and these Regulations aim to facilitate more efficient administration of RVSM approvals. The Regulations do not specify exclusions or thresholds but focus on administrative improvements to better manage RVSM approvals and maintain accurate records. Any further details or specifications are left to be defined through subordinate instruments issued by CASA under the authority granted by the Regulations.

Key Provisions

The Civil Aviation Amendment Regulations 2000 (No. 9) introduces several key changes to the Civil Aviation Regulations 1988, particularly concerning the administration of Reduced Vertical Separation Minimum (RVSM) approvals (Regulation 3, Schedule 1). The primary operative sections of these amendments focus on the processes by which the Civil Aviation Safety Authority (CASA) approves aircraft and operators for RVSM operations. For instance, Regulation 181G(2) and Regulation 181M(2) now more clearly specify that written notices of approval may include additional information, thereby aligning with the intent of the omitted Regulation 181W (Item 1 and Item 2, Schedule 1). Moreover, the amendments introduce a new Regulation 181QA, which stipulates the obligations of operators to notify CASA when an aircraft ceases to be operated by the operator (Item 4, Schedule 1). This new requirement is crucial for maintaining an accurate database of RVSM approvals, fulfilling international obligations under the International Civil Aviation Organization (ICAO). The obligations imposed by these regulations on the parties involved are significant. CASA is tasked with the responsibility of approving applications for RVSM airworthiness and operational approvals, ensuring that aircraft and operators meet the necessary safety standards (Regulation 181G and Regulation 181M). Furthermore, CASA must update its administrative processes to reflect the new requirements, including the removal of the obligation to issue 'certificates of approval' (Item 5, Schedule 1). On the other hand, operators are required to notify CASA when an aircraft listed on their RVSM operational approval ceases to be operated by them (Regulation 181QA). These obligations ensure that both CASA and operators maintain accurate and up-to-date records of RVSM approvals, thereby facilitating compliance with international standards and improving safety in RVSM airspace. The Civil Aviation Amendment Regulations 2000 (No. 9) also outline the consequences of non-compliance with the provisions of the Act and the regulations. While the specific penalties for breach are not detailed within the explanatory statement, it is clear that any failure to comply with the obligations and requirements set forth by the regulations could potentially result in civil or criminal consequences. This might include the suspension or cancellation of RVSM approvals, which are critical for operations in RVSM airspace. Additionally, CASA’s ability to maintain an accurate database of approvals is crucial for international coordination and compliance with ICAO standards, making these obligations essential for the safety of air navigation.

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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.