CASA EX183/16-Exemption-provision of a wind direction indicator [F2016L02022]-Concluded matters [2017] AUSStaCSDLM 100 (22 March 2017)

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Instrument	CASA EX183/16 - Exemption - provision of a wind direction indicator [F2016L02022]
Purpose	Exempts aerodrome operators from compliance with the requirement to have a wind direction indicator near the end or ends of a runway used in instrument non-precision approach operations
Last day to disallow	9 May 2017
Authorising legislation	Civil Aviation Safety Regulations 1998
Department	Infrastructure and Regional Development
Scrutiny principle	Standing Order 23(3)(a)
Previously reported in	Delegated legislation monitor 2 of 2017

Consultation

The committee commented as follows:

Section 17 of the Legislation Act 2003 directs a rule-maker to be satisfied that appropriate consultation, as is reasonably practicable, has been undertaken in relation to a proposed instrument. The ES which must accompany an instrument is required to describe the nature of any consultation that has been carried out or,

if there has been no consultation, to explain why none was undertaken (paragraphs 15J(2)(d) and (e)).

With reference to these requirements, the committee notes that the ES for CASA EX183/16 - Exemption - provision of a wind direction indicator [F2016L02022] (the instrument) provides no information regarding consultation.

The committee's expectations in this regard are set out in the guideline on consultation contained in Appendix 1.

The committee requests the advice of the minister in relation to the above; and requests that the ES be updated in accordance with the requirements of the Legislation Act 2003.

Minister's response

The Minister for the Infrastructure and Transport advised:

I am advised by the Civil Aviation Safety Authority (CASA) that in response to concerns raised by the Standing Committee regarding similar instruments in the Delegated legislation monitor 1 of 2017, CASA subsequently identified that both EX183/16 and EX10/17 also required consultation statements to be included in their respective Explanatory Statements. I understand that replacement Explanatory Statements for each of these instruments including this information were registered on the Federal Register of Legislation on 15 February 2017.

Committee's response

The committee thanks the minister for his response and has concluded its examination of the instrument.

The committee notes that a replacement ES that addresses the committee's concerns regarding consultation has been registered on the Federal Register of Legislation. The description of consultation states:

This instrument reissues an earlier general exemption that expired on
30 November 2016. The earlier exemption was made in response to requests from several aerodrome operators in respect of specific aerodromes. Rather than issue individual exemptions to those aerodrome operators, CASA issued a general exemption to all operators of certified and registered aerodromes. No issues have been raised by industry in relation to the earlier exemption.
The provisions of the earlier instrument and the current instrument are beneficial to aerodrome operators, and also relieve individual aerodrome operators of the need to apply for, and pay fees associated with, individual exemptions for the aerodromes that they operate. In these circumstances, CASA believes that no further consultation is necessary or appropriate.