Federal Register of Legislation - Australian Government

Primary content

CASA EX132/19 Exemptions as made
This instrument continues to enable aircraft to conduct instrument non-precision approaches to a runway at a certified aerodrome or registered aerodrome, if a wind direction indicator is not located near the end, or ends, of the runway.
Administered by: Infrastructure, Transport, Cities and Regional Development
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 29 Nov 2019
Tabling HistoryDate
Tabled HR02-Dec-2019
Tabled Senate03-Dec-2019
To be repealed 22 Aug 2020
Repealed by Self Repealing

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA EX132/19 — Wind Direction Indicators Near Runway Ends Exemption 2019

Purpose

The instrument, subject to conditions, continues to exempt:

(a)   an aerodrome operator for a certified aerodrome from compliance with subregulation 139.185 (1) of the Civil Aviation Safety Regulations 1998 (CASR), which requires the aerodrome operator to ensure that there is a wind direction indicator near the end, or ends, of a runway, at the aerodrome, at which instrument non-precision approach operations can be conducted; and

(b)   an aerodrome operator for a registered aerodrome from compliance with Subpart 139.C of CASR, to the extent that the Subpart requires the aerodrome operator to ensure that there is a wind direction indicator near the end, or ends, of a runway, at the aerodrome, at which instrument non-precision approach operations can be conducted.

 

Therefore, the instrument continues to enable aircraft to conduct instrument non-precision approaches to a runway at a certified aerodrome or registered aerodrome, despite a wind direction indicator not being located near the end, or ends, of the runway.

 

The purpose of the instrument is to continue to relieve aerodrome operators of the requirement for additional wind direction indicators in circumstances where a suitable means of providing surface wind information to pilots is in place.

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation. Relevantly, the Governor-General has made CASR.

 

Subpart 11.F of CASR provides for the granting of exemptions from particular provisions of the regulations. Subregulation 11.160 (1) of CASR provides that, for subsection 98 (5A) of the Act, the Civil Aviation Safety Authority (CASA) may grant an exemption from a provision of the regulations.

 

Under subregulation 11.160 (2), an 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.

 

Under subregulation 11.160 (3), an exemption may be granted on application by a person or on CASA’s own initiative.

 

Under subregulation 11.175 (4) of CASR, in deciding whether to reissue an exemption, CASA must regard as paramount the preservation of at least an acceptable level of aviation safety. CASA has regard to the same test when deciding whether to renew an exemption granted on its own initiative.

 

Regulation 11.205 of CASR provides that CASA may impose conditions on an exemption if necessary in the interests of the safety of air navigation. Under regulation 11.210 of CASR, it is a strict liability offence not to comply with the obligations imposed by a condition.

 

Regulation 11.225 of CASR requires an exemption to be published on the Internet. Under subregulation 11.230 (1) of CASR, the maximum duration of an exemption is 3 years.

 

Subsection 98 (5D) of the Act provides that a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.

 

Subpart 139.B of CASR relates to certified aerodromes. Under subregulation 139.185 (1), if a runway at a certified aerodrome is used for non-precision approach operations, the operator of the aerodrome must ensure that there is a wind direction indicator near the end, or ends, of the runway at which instrument non-precision approach operations can be conducted. Under subregulation 139.185 (2), an offence against subregulation (1) is an offence of strict liability.

 

Subregulation 139.185 (3) provides that CASA may, under regulation 11.160, grant an exemption to the aerodrome operator of a certified aerodrome from compliance with subregulation 139.185 (1) only if CASA is satisfied that surface wind information is passed to the pilots of aircraft approaching the runway by:

(a)   an automatic weather observing system (an AWOS) of a kind described in paragraph 139.195 (3) (a) of CASR; or

(b)   an approved observer having a communication link with pilots through which timely information about surface wind can be clearly passed to pilots; or

(c)   any other approved means of providing surface wind information.

 

Subpart 139.C of CASR relates to registered aerodromes. Regulation 139.295 provides that the standards applicable to registered aerodromes are the standards applicable to certified aerodromes in relation to specified matters. Those matters include, relevantly in subparagraph 139.295 (a) (v), wind direction indicators.

 

Background

The instrument, in effect, reissues instrument number CASA EX183/16, Exemption — provision of a wind direction indicator (CASA EX183/16), that will be repealed at the end of 30 November 2019.

 

The exemption in the instrument will no longer be required after related provisions in the Part 139 (Aerodromes) Manual of Standards 2019 commence. The Part 139 (Aerodromes) Manual of Standards 2019 is scheduled to commence immediately after the commencement of the Civil Aviation Safety Amendment (Part 139) Regulations 2019. Those regulations are scheduled to commence on 22 August 2020.

 

The explanatory statement for CASA EX183/16 includes the following background information:

(a)   For an aerodrome that does not have a wind direction indicator at the threshold of a runway, it is acceptable for the aerodrome to have a serviceable AWOS and an aerodrome weather information broadcast unit that provides surface wind information. In the event that the AWOS, or broadcast unit, is temporarily unserviceable, it is acceptable for the wind surface information to be provided to pilots by an approved observer through a communication link.

(b)   In the event that the AWOS, or broadcast unit, is temporarily unserviceable and there is no approved observer with a communication link to pilots, the safety of an approach operation will depend on the pilot’s ability to obtain surface wind information from another source. In these circumstances, it is acceptable to CASA for the pilot to conduct a circling approach during which the pilot is able to observe the aerodrome’s wind direction indicator before the final approach leg. However, the level of safety of a straight-in instrument non-precision approach is not considered to be acceptable in these circumstances.

 

Documents incorporated by reference

Paragraph 5 (2) (b) of the instrument requires aerodrome operators to ensure that an AWOS is maintained in accordance with the AWOS manufacturer’s instructions, as they exist from time to time (in accordance with subsection 98 (5D) of the Act.

 

An AWOS manufacturer’s instructions are proprietary to the manufacturer. The instructions are made available to aerodrome operators and persons maintaining the AWOS but may not otherwise be publicly available. The instructions are incorporated by reference in the instrument, as the instructions exist from time to time, because:

(a)   aviation safety requires the use of the up-to-date information, and data, in the instructions by aerodrome operators and persons maintaining the AWOS; and

(b)   there are no other freely available documents serving the relevant purpose.

 

There are only a small number of AWOS manufacturers that have been approved by the Commonwealth Bureau of Meteorology. While the AWOS manufacturers’ instructions for some AWOS models may be difficult for CASA to access because they relate to models manufactured up to 30 years ago, the AWOS manufacturers’ instructions for more recently manufactured models would be easier for CASA to try to access. Where available, and by prior arrangement, CASA will make an AWOS manufacturer’s instructions available for inspection at a CASA office, upon request.

 

Content of instrument

Section 1 states the name of the instrument.

 

Section 2 states the duration of the instrument.

 

Section 3 contains definitions of terms used in the instrument.

 

Subsection 4 (1) exempts the aerodrome operator for a certified aerodrome from compliance with subregulation 139.185 (1).

 

Subsection 4 (2) exempts the aerodrome operator for a registered aerodrome from compliance with Subpart 139.C of CASR, to the extent that the Subpart requires the aerodrome operator to ensure that there is a wind direction indicator near the end, or ends, of a runway, at the aerodrome, at which instrument non-precision approach operations can be conducted.

 

Subsection 4 (3) of the instrument provides that the exemptions are subject to the conditions mentioned in section 5.

 

Section 5 of the instrument contains conditions imposed on the exemptions.

 

Legislation Act 2003 (the LA)

Paragraph 98 (5A) (a) of the Act provides that CASA may issue instruments in relation to matters affecting the safe navigation and operation or the maintenance of aircraft. Additionally, paragraph 98 (5AA) (a) provides that an instrument issued under paragraph 98 (5A) (a) is a legislative instrument if the instrument is expressed to apply in relation to a class of persons. The instrument applies to the aerodrome operator for a certified aerodrome or aerodrome operator for a registered aerodrome, each being a class of persons. The instrument is, therefore, a legislative instrument, and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.

 

Consultation

Although CASA is renewing the exemptions on its own initiative, the renewal is supported by affected aerodrome operators.

 

Consultation under section 17 of the LA has not been undertaken in relation to the instrument. The instrument is provided to remove an unnecessary burden on aerodrome operators, and continues existing arrangements provided under CASA EX183/16. In these circumstances, CASA is satisfied that no further consultation is appropriate, or reasonably practicable, for the instrument for section 17 of the LA.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required in this case, as the exemptions are covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).

 

Statement of Compatibility with Human Rights

The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

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

 

Making and commencement

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

 

The instrument commences on 1 December 2019, and will be repealed at the earlier of the following:

(a)   the end of 30 November 2022;

(b)   the commencement of the Part 139 (Aerodromes) Manual of Standards 2019.

Attachment 1

Statement of Compatibility with Human Rights

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

 

CASA EX132/19 — Wind Direction Indicators Near Runway Ends Exemption 2019

 

The 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, in effect, reissues instrument number CASA EX183/16, Exemption — provision of a wind direction indicator, that will be repealed at the end of 30 November 2019.

 

The instrument, subject to conditions, continues to exempt:

(a)   an aerodrome operator for a certified aerodrome from compliance with subregulation 139.185 (1) of the Civil Aviation Safety Regulations 1998 (CASR), which requires the aerodrome operator to ensure that there is a wind direction indicator near the end, or ends, of the runway, at the aerodrome, at which instrument non-precision approach operations can be conducted; and

(b)   an aerodrome operator for a registered aerodrome from compliance with Subpart 139.C of CASR, to the extent that the Subpart requires the aerodrome operator to ensure that there is a wind direction indicator near the end, or ends, of a runway, at the aerodrome, at which instrument non-precision approach operations can be conducted.

 

Therefore, the instrument continues to enable aircraft to conduct instrument non-precision approaches to a runway at a certified aerodrome or registered aerodrome, if a wind direction indicator is not located near the end, or ends, of the runway.

 

The purpose of the instrument is to continue to relieve aerodrome operators of the requirement for additional wind direction indicators in circumstances where a suitable means of providing surface wind information to pilots is in place.

 

Human rights implications

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

 

Conclusion

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

Civil Aviation Safety Authority