When the Civil Aviation Act 2023 (CA Act 2023) comes into effect on 5 April 2025, exemptions granted under the 1990 Act will continue to apply until they expire, are replaced or revoked.
Sections 322(external link) and 323(external link) of the CA Act 2023 set out the requirements that the Director of Civil Aviation uses to determine if an exemption should be granted to provide relief from a rule or regulation.
The criteria for granting an exemption under the CA Act 2023 are slightly different from those under the 1990 Act, although we expect the outcomes will be similar.
Applicants will need to demonstrate why they need an exemption, how they will manage risk and how the exemption request satisfies all of the requirements and considerations under sections 322 and 323.
While the first requirement in granting an exemption remains the main purpose of the Act – a safe and secure civil aviation system, the CA Act 2023 also requires that an exemption may be no broader than reasonably necessary, and the Act’s additional purposes and relevant international standards will also be considered.
Under the 1990 Act an exemption needed to meet one of four requirements, which were set out in section 37(2) of the 1990 Act. Under the CA Act 2023 the three requirements must all be met.
Ultimately, the requirements aim to achieve the same outcome - a safe and secure civil aviation system.
The CA Act 2023 Act enables the ability to grant class exemptions, where the Director considers an individual exemption should apply to a class of aviation people, places, or things.
Under the 1990 Act, CAA has used the Rules to provide general exemptions. In the future, class exemptions issued under the CA Act 2023 will replace general exemptions, providing greater clarity and legislative support.
Current general exemptions will be reassessed and granted (if appropriate) as class exemptions under the CA Act 2023 between 5 April 2025 and 4 April 2030.
Under the CA Act 2023 an exemption can be granted for up to five years. Exemptions granted under the 1990 Act with no end date are taken as granted on 5 April 2025, and will expire 5 years later, on 4 April 2030.
In practice, CAA expects that participants with an Air Operator Certificate (AOC) or an aviation document with an expiry date, and who have an exemption with no end date, will apply for an exemption under the CA Act 2023 with their next certification renewal.
CAA has decided to align the processes in this way to streamline them for participants, and so applications can be assessed steadily across the five years. This is only for exemptions with no end date - for other exemptions the current end dates remain.
For participants who do not hold an AOC or aviation document with an expiry date, exemptions with no end date will continue in place until they expire on 4 April 2030.
Exemptions with expiry dates will be charged for as normal.
CAA will not charge for work associated with processing an exemption under the CA Act 2023 to replace an exemption with no end date, if the exemption sought is exactly like for like. If the exemption sought isn’t like for like, then normal charges will apply.
Exemption decisions made up to 4 April 2025 will continue to be made under the 1990 Act.
Exemption decisions made from 5 April 2025 onwards will be under the CA Act 2023.
In general we expect applicants to apply for an exemption at least 90 days before they will need it. From early in the New Year –
Our policy for processing an exemption application under the CA Act 2023 and an updated application form are now available.
Exemptions – Operational Policy [PDF 298 KB]
Application for an exemption [DOCX 178 KB]
We’ve provided the answers to some commonly asked questions.
Under the 1990 Act an exemption needed to meet one of four requirements, which were set out in section 37(2) of the 1990 Act. Under the CA Act 2023 there are three requirements, set out in sections 322(external link) and 323(external link), which must all be met.
Ultimately, the requirements aim to achieve the same outcome - a safe and secure civil aviation system.
Exemptions granted under the 1990 Act continue to apply until they expire, are replaced or revoked. You will then need to apply for a new exemption under the CA Act 2023, as you normally would.
The CA Act 2023 has a maximum period of five years for an exemption to be in place. Your current exemption will remain in place and if you hold an Air Operator Certificate (AOC) or an aviation document with an expiry date, you will need to apply for an exemption under the CA Act 2023 when you next renew your certification.
Our analysis so far indicates that this would be unlikely. Of course, we can’t guarantee that exemptions currently granted will always be granted in the future, given changes in circumstances, on-going technology and regulatory development. However, the move to the CA Act 2023, in itself, is unlikely to see a current exemption being declined in the future.
The CAA policy which will be in place from 5 April 2025 is available on our CAA website:
Exemptions – Operational Policy [PDF 298 KB]
Processing of applications for renewals of exemptions with expiry dates will be charged for as normal.
CAA will not charge for an exemption that doesn’t have an expiry date when the exemption sought under the CA Act 2023 is exactly like for like. If it isn’t, then you will be charged as normal.
