Exemption Number 23/98 - Exemption under regulation 308

Overview

The Civil Aviation Regulations 1988 (the Regulations) were amended to introduce a specific exemption under regulation 308, allowing the Civil Aviation Safety Authority (CASA) to exempt float planes conducting commercial operations from certain compliance requirements. This legislation was introduced to address the practical challenges faced by float planes in New South Wales, where there are no licensed water aerodromes, necessitating operations from suitable stretches of water. The exemption seeks to enhance safety by allowing float planes to operate over water during take-off and landing, thereby enabling water landings in case of engine failure and reducing noise impact on local communities. The exemption aligns with the policy objective of ensuring that aviation regulations are practical and safety-oriented, particularly in unique operational environments such as water-based aerodromes.

Scope and Application

The Civil Aviation Regulations 1988, under regulation 308, allow the Civil Aviation Safety Authority (CASA) to exempt aircraft, or persons associated with their operation, from specific regulatory provisions. This authority extends to float planes operating in New South Wales, where there are no licensed water aerodromes. Under these regulations, float planes are permitted to operate from any suitable stretch of water, given the absence of designated water aerodromes in the state. Notably, the exemption targets certain provisions in paragraphs 166(1)(d), (f), and (g) of the Civil Aviation Regulations, which pertain to take-off and landing requirements for aircraft. These requirements are deemed inappropriate for float planes, as they would restrict operations to only the largest bodies of water and necessitate flying over populated foreshores. The exemption allows float planes to conduct their take-offs and landings entirely over water, enhancing safety by enabling water landings in case of engine failure and addressing the noise concerns of local residents. The instrument that provides this exemption is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it came into effect upon gazettal.

Key Provisions

The Civil Aviation Regulations (Regulations) provide the authority for the Civil Aviation Safety Authority (CASA) to grant exemptions under regulation 308, allowing certain aircraft and associated persons to deviate from specified regulatory provisions. This includes float planes in New South Wales, which are exempted from certain requirements due to the absence of licensed water aerodromes in the state. Float planes are thus permitted to operate from any suitable stretch of water (Regulation 92(1)(d)). These exemptions particularly address the impracticalities of applying standard take-off and landing requirements to float planes. For instance, the mandatory 500-foot climb before turning after take-off, the restriction on turning direction, and the requirement for a straight final approach over 500 metres (Regulation 166(1)(d), (f), and (g)) are deemed unsuitable for float planes. Such constraints would limit operational areas to very large bodies of water and necessitate flights over populated areas along waterways, which is undesirable. To address these issues, CASA has issued an exemption allowing float planes to operate entirely over water during take-off and landing. This exemption enhances safety by permitting water landings in case of engine failure and reduces noise disturbance for local residents. This regulatory flexibility ensures that float planes can operate effectively while balancing safety and community considerations. The exemption under regulation 308 is effective immediately upon gazettal, providing a legal framework that allows float planes to operate under conditions that are more appropriate for their nature and operational environment. CASA's authority to grant such exemptions is subject to the disallowable instrument provisions under section 46A of the Acts Interpretation Act 1901, ensuring that the exemption remains within legislative bounds. For entities and individuals affected by these exemptions, the primary obligation is to adhere to the specific conditions outlined in the exemption instrument. This includes ensuring that operations comply with all other applicable provisions of the Regulations, except for those explicitly exempted. Failure to comply with these conditions may result in enforcement actions, including potential penalties. While specific penalties are not detailed in the explanatory statement, non-compliance with Civil Aviation Regulations generally may result in civil or criminal sanctions, with penalties varying based on the severity of the breach.