EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 147

 

Issued by the authority of the Minister for Infrastructure, Transport, Regional Development and Local Government

 

Civil Aviation Act 1988

 

Civil Aviation Safety Amendment Regulations 2009 (No. 1)

 

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. That subsection also provides that the Governor-General may make regulations in relation to the safety of air navigation, being regulations with respect to any other matters to which the Parliament has power to make laws.

 

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

 

The Regulations amend the Civil Aviation Safety Regulations 1988 (CASR) to ensure Australian airworthiness standards for aircraft, engines and propellers reflect the most up-to-date foreign design codes that are used as the basis for certification in Australia.

 

Background

 

Parts 22 through 35 of CASR set out the airworthiness standards for ‘type certification’, the issue of a certificate certifying that a design fulfils the airworthiness requirements, for aircraft in the various categories established by Part 21, as well as the type certification of aircraft engines and propellers. These CASR Parts became effective on 1 October 1998 and require compliance with the appropriate Federal Aviation Regulations (FARs) of the United States of America, Joint Aviation Requirements (JARs) of the European Joint Aviation Authorities and airworthiness standards published by other major aviation regulatory Authorities, as in force on 1 October 1998. In addition, CASR Parts 27, 29, 33 and 35 only included airworthiness standards adopted by the Federal Aviation Administration (FAA) and did not recognise European standards.

 

The airworthiness standards contained in FARs have been amended many times since October 1998. In addition, JARs no longer exist and the airworthiness standards previously contained in JARs have now been replaced by Certification Standards (CSs) published by the European Aviation Safety Agency (EASA).

 

In the International Civil Aviation Organization (ICAO) audit of Australia conducted in February 2008, ICAO noted that the Australian airworthiness standards included in CASR Parts continued to reflect the foreign design codes that existed when these Parts were made, rather than updated versions of the foreign design codes. The Regulations address this ICAO finding.

 

The amendments

 

The Regulations amend CASR Parts 22 through 29, 33 and 35 to require compliance with the appropriate FARs and EASA CSs as in force from time to time. The Regulations become the new Australian standard and only apply to applicants for new Australian type certificates and have no retrospective effect on existing designs.

 

While the Regulations are minor in nature, they improve the level of safety for new aircraft types and products, provide increased flexibility for manufacturers in adopting foreign design codes, and are considered essential for overseas acceptance of Australian designs of aircraft, engines and propellers approved by CASA.

 

The Regulations also amend the Dictionary in CASR to:

·        include a definition for “very light aeroplane”; and

·        substitute Part 2, clause 45 “Meaning of JAR” with “Reference to EASA certification specifications”.

 

The Regulations also make minor changes to CASR Part 202 consequential to the amendments to CASR Parts 22, 23, 25 and 32.

 

Details of the Regulations are set out in the Attachment.

 

The Regulations commence on 1 July 2009.

 

The Act does not specify conditions that needed to be satisfied before the power to make the Regulations was exercised.

 

Consultation was undertaken through the joint CASA/industry Standards Consultative Committee (SCC) and the SCC Certification Standards Subcommittee supported the amendments.

 

A Regulatory Impact Statement Exemption, reference number 9912, has been obtained from the Office of Best Practice Regulation as the amendments are not expected to result in any additional costs to industry.

 

Subsection 6 (a) of the Legislative Instruments Act 2003 (LIA) provides that an instrument described as a regulation by the enabling legislation is a legislative instrument. The Regulations are therefore a legislative instrument for the purposes of the LIA.

 

ATTACHMENT

 

 

Civil Aviation Safety Amendment Regulations 2009 (No. 1)

Details of the Regulations

 

Regulation 1 – Name of Regulations

Regulation 1 names the amending regulations as the Civil Aviation Safety Amendment Regulations 2009 (No. 1).

Regulation 2 – Commencement

Regulation 2 provides that the regulations commence on 1 July 2009.

Regulation 3 – Amendment of Civil Aviation Safety Regulations 1998

Regulation 3 provides that Schedule 1 amends the Civil Aviation Safety Regulations 1998.

 

Schedule 1 Amendments

 

Items 1 to 9, 12, 15 to 18 and 21 – Amended References

These items variously substitute superseded references as follows:

·              “JAR-22” with “EASA CS-22”;

·              “JAR” with “EASA”;

·              “JAR-VLA” with “EASA CS-VLA”;

·              “on 1 October 1998” with “from time to time”; and

·              “Authority” with “Agency”.

Item 1 - Part 22

This item substitutes the entire existing Part 22 with a new Part 22. The new Part 22:

(1) replaces superseded references;

(2) deletes all regulations and subregulations referring to:

·        Section E of the British Civil Airworthiness Requirements published by the Air Registration Board of the United Kingdom;

·        Airworthiness Requirements for Sailplanes and Powered Sailplanes issued by the Luftfahrt-Bundesamt of the Federal Republic of Germany;

·        OSTIV Airworthiness Standards for Sailplanes published by the Organisation Scientific et Technique Internationale du Vol a Voile; and

(3) adds a new regulation 22.004 providing:

• that an approval mentioned in EASA CS-22 may be given, suspended or cancelled by CASA;
• that approvals given by EASA under EASA CS-22 to be taken as CASA approvals; and
• power for CASA to suspend or cancel any approvals given by EASA under EASA CS-22.

 

Item 2 – Regulation 23.001 and 23.002

 

This item replaces superseded references in regulation 23.001.

 

This item clarifies the operation of incidental provisions of FARs Part 23, EASA CS-VLA and EASA CS-23 in regulation 23.002.

 

Item 4 – Regulation 23.007 and 23.008

 

This item replaces superseded references in Regulations 23.007 and 23.008.

 

This item also introduces provisions in relation to approvals under EASA instruments, similar to approvals under FARs (e.g. 23.006). This was required because previously the Joint Aviation Authorities (of Europe) (JAA) did not have authority to issue any approvals like FAA. However, under the new arrangements EASA can now issue approvals.

 

Item 5 – Regulation 25.001 and 25.002

 

This item replaces superseded references in regulation 25.001.

 

This item also clarifies the operation of incidental provisions of FARs Part 25 and EASA CS-25 in regulation 25.002.

 

Item 8 – Regulation 25.006

 

This item replaces superseded references in regulation 25.006.

 

This item also introduces provisions in relation to approvals under EASA instruments, similar to approvals under FARs (e.g. 25.005). This was required because previously JAA did not have authority to issue any approvals like FAA. However, under the new arrangements EASA can now issue approvals.

 

Item 9 – Regulation 27.001 and 27.002

 

This item replaces superseded references in regulation 25.001.

 

This item also adds EASA CS-27 as the airworthiness standard for rotorcraft in the normal category in regulation 27.002.

 

Item 10 – After regulation 27.003

 

This item inserts a new regulation 27.003A stating that for Part 27 a reference in EASA CS-27 to the Agency is taken to be a reference to CASA.

 

Item 11 – After regulation 27.004

 

This item adds a new regulation 27.005 providing:

• that an approval mentioned in EASA CS-27 may be given, suspended or cancelled by CASA;
• that approvals given by EASA under EASA CS-27 to be taken as CASA approvals; and
• power for CASA to suspend or cancel approvals given by EASA under EASA CS-27.

 

Item 12 – Regulation 29.001 and 29.002

 

This item replaces superseded references and adds EASA CS-29 as the airworthiness standard for rotorcraft in the transport category in regulation 29.001.

 

This item also adds incidental provisions of EASA CS-29 in regulation 29.002.

 

Item 13 – After regulation 29.003

 

This item inserts a new regulation 29.003A stating that for Part 29 a reference in EASA CS-29 to the Agency is taken to be a reference to CASA.

 

Item 14 – After regulation 29.004

 

This item adds a new regulation 29.005 providing:

• that an approval mentioned in EASA CS-29 may be given, suspended or cancelled by CASA;
• that approvals given by EASA under EASA CS-29 to be taken as CASA approvals; and
• power for CASA to suspend or cancel approvals given by EASA under EASA CS-29.

 

Item 17 – Regulation 32.003 and 32.004

 

This item replaces superseded references in regulation 32.003.

 

This item also replaces superseded references in regulation 32.004. It also inserts provisions:

• that an approval mentioned in EASA CS-22 may be given, suspended or cancelled by CASA;
• that approvals given by EASA under EASA CS-22 to be taken as CASA approvals; and
• power for CASA to suspend or cancel approvals given by EASA under EASA CS-22.

 

Item 18 – Regulation 33.001 and 33.002

 

This item replaces superseded references and adds EASA CS-E as the airworthiness standard for aircraft engines in regulation 33.001.

 

This item also adds incidental provisions of EASA CS-E in regulation 33.002.

 

Item 19 – After regulation 33.003

 

This item inserts a new regulation 33.003A stating that for Part 33 a reference in EASA CS-E to the Agency is taken to be a reference to CASA.

 

Item 20 – After regulation 33.004

 

This item adds a new regulation 33.005 providing:

• that an approval mentioned in EASA CS-E may be given, suspended or cancelled by CASA;
• that approvals given by EASA under EASA CS-E to be taken as CASA approvals; and
• power for CASA to suspend or cancel approvals given by EASA under EASA CS-E.

 

Item 21 – Regulation 35.001 and 35.002

 

This item replaces superseded references and adds EASA CS-P as the airworthiness standard for aircraft propellers in regulation 35.001.

 

This item also adds incidental provisions of EASA CS-P in regulation 35.002.

 

Item 22 – After regulation 35.003

 

This item inserts regulation 35.003A stating that for Part 35 a reference in EASA CS-P to the Agency is taken to be a reference to CASA.

 

Item 23 – After regulation 35.004

 

This item adds a new regulation 35.005 providing:

• that an approval mentioned in EASA CS-P may be given, suspended or cancelled by CASA;
• that approvals given by EASA under EASA CS-P to be taken as CASA approvals; and
• power for CASA to suspend or cancel approvals given by EASA under EASA CS-P.

 

Item 24 – Subpart 202.AK

 

This item inserts a new regulation 202.060 regarding transitional provisions for Part 22 and deletes Note 1 and Note 2 of Subpart 202.AK.

 

Item 25 – Subpart 202.AL

 

This item inserts a new regulation 202.070 regarding transitional provisions for Part 23 and deletes Note 1 and Note 2 of Subpart 202.AL.

 

Item 26 – Subpart 202.AN

 

This item inserts a new regulation 202.090 regarding transitional provisions for Part 25 and deletes Note 1 and Note 2 of Subpart 202.AN.

 

Item 27 – Subpart 202.AU

 

This item inserts a new regulation 202.140 regarding transitional provisions for Part 32 and deletes Note 1 and Note 2 of Subpart 202.AU.

 

Item 28 – Dictionary, Part 1, definition of JAR

 

This item omits the definition of JAR from Part 1 of the dictionary. This is because JARs no longer exist.

 

Item 29 – Dictionary, Part 1, after definition of unpowered aircraft

 

This item inserts the definition of very light aeroplane. This definition is based on clause CS-VLA 1 of EASA CS-VLA, as in force from time to time.

 

Item 30 – Dictionary, Part 2, clause 45

 

This item substitutes the “meaning of JAR” with “reference to EASA certification specifications”.