Air Navigation Regulations (Amendment) (Cth)

Statutory Rules

1980 No. 136

REGULATIONS UNDER THE AIR NAVIGATION ACT 19201

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Air Navigation Act  1920.

 Dated this thirtieth day of May 1980.

 ZELMAN COWEN

 Governor-General

 By His Excellency’s Command,

RALPH J. HUNT

Minister of State for Transport

_______________

AMENDMENTS OF THE AIR NAVIGATION REGULATIONS2

1Classification of licences and ratings

 Regulation 51 of the Air Navigation Regulations is amended by omitting from sub‑paragraph (ii) of paragraph (a) of sub-regulation (1) “of these Regulations” and substituting “or to pilot an aircraft for the purpose of a search and rescue operation”.

2Functions of Air Traffic Control

 Regulation 94 of the Air Navigation Regulations is amended—

• (a)

  by omitting from paragraph (e) of sub-regulation (1) “and assisting” and substituting “, co-ordinating search and rescue aid and otherwise assisting”; and

• (b)

  by omitting from sub-regulation (2) “Director-General” and substituting “Secretary”.

3Designation of airspace

 Regulation 95 of the Air Navigation Regulations is amended—

• (a)

  by omitting from sub-regulation (1) “Director-General” and substituting “Secretary”;

• (b)

  by omitting from paragraph (c) of sub-regulation (1) “and” (last occurring);

• (c)

  by adding at the end of sub-regulation (1) the following word and paragraph:

 “; and

• (e)

  airspace, not being airspace referred to in paragraph (b), (c) or (d), as airspace in respect of which operational control service is provided only to regular public transport aircraft.”;

• (d)

  by omitting from sub-regulation (2) “Director-General” and substituting “Secretary”;

• (e)

  by omitting from sub-regulation (2) “the last preceding sub-regulation” and substituting “sub-regulation (1)”; and

• (f)

  by adding at the end thereof the following sub-regulation:

  • “(3)

    Where—

    • (a)

      an aircraft that is experiencing difficulties requests assistance; or

    • (b)

      Air Traffic Control has reason to believe, on meteorological or other advice, that an aircraft is not aware of all of the operational factors affecting the flight that it is undertaking,

  operational control service may be provided to that aircraft whether or not the area in which it is operating is an area to which operational control service would otherwise be provided.”.

4Compliance with air traffic control clearances and air traffic control instructions

 Regulation 96 of the Air Navigation Regulations is amended—

• (a)

  by omitting from sub-regulation (2) “the next succeeding sub-regulation” and substituting “sub-regulation (2)”; and

• (b)

  by adding at the end thereof the following sub-regulation:

  • “(5)

    For the purpose of this regulation, where operational control service is provided to an aircraft under paragraph 95 (1) (e), ‘control area’, in relation to that aircraft, includes the airspace referred to in that paragraph.”.

5Low flying

 Regulation 133 of the Air Navigation Regulations is amended—

• (a)

  by omitting from paragraph (d) of sub-regulation (3) “or” (last occurring); and

• (b)

  by adding at the end of sub-regulation (3) the following word and paragraph:

   “; or

  • (f)

    the pilot of the aircraft is engaged in a search and rescue operation and is either engaged in a search or is dropping supplies in relation to such an operation.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 6 June 1980.

2. Statutory Rules 1947 No. 112 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 67 and see also