Air Navigation Regulations (Amendment) (Cth)

STATUTORY RULES.

1960. No. 96.

 

REGULATIONS UNDER THE AIR NAVIGATION ACT 1920-1960.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Air Navigation Act 1920-1960.

Dated this 25th day of November, 1960.

DUNROSSIL

Governor-General.

By His Excellency’s Command,

Minister of State for Civil Aviation.

 

AMENDMENTS OF THE AIR NAVIGATION REGULATIONS. 

Interpretation.

1. Regulation 5 of the Air Navigation Regulations is amended—

(a)by omitting from sub-regulation (1.) the definition of “danger area” and inserting in its stead the following definition:—

“ ‘danger area’ means an area declared by the Director-General under regulation 116 of these Regulations to be a danger area;”;

(b) by omitting from sub-regulation (1.) the definition of “prohibited area” and inserting in its stead the following definition:—

“ ‘prohibited area’ means an area declared by the Director-General under regulation 116 of these Regulations to be a prohibited area;”;

(c) by omitting from the definition of “radio apparatus” in sub-regulation (1.) the word “and” and inserting in its stead the word “or”; and

(d)by omitting from sub-regulation (1.) the definition of “restricted area” and inserting in its stead the following definition:—

“ ‘restricted area’ means an area declared by the Director-General under regulation 116 of these Regulations to be a restricted area;”,

Requirements as to installation, maintenance and use.

2. Regulation 80 of the Air Navigation Regulations is amended by omitting from sub-regulation (1.) the words “In addition to the requirements of sub-regulation (3.) of the last preceding regulation, aircraft radio apparatus—” and inserting in their stead the words “Radio apparatus used in connexion with aircraft operations—”.

 

* Notified in the Commonwealth Gazette on 19 December 1960.

  Statutory Rules 1947, No. 112, as amended by Statutory Rules 1947, No. 162; 1948, No. 69; 1949, Nos. 6 and 70; 1950, No. 69; 1952, Nos. 30, 46 and 87; 1953, No. 44; 1954 Nos. 26, 32 and 119; 1955, No. 29; 1956, No. 16; 1957, No. 12; 1958, No. 77; and 1960, No. 21.

6420/60.—PRICE 3D. 10/25.10.1960.

 

Documents to be carried in aircraft.

3. Regulation 113 of the Air Navigation Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) An Australian aircraft operating wholly within Australian territory is not required to carry the documents specified in paragraphs (a), (b), (d) and (g)of the last preceding sub-regulation.”.

4. Regulations 116, 117, 117A and 117B of the Air Navigation Regulations are repealed and the following regulations inserted in their stead:—

Prohibited, restricted and danger areas.

“116.—(1.) The Director-General may, by notice in the Gazette, declare an area of Australian territory, specified in the notice by reference to its boundaries, to be a prohibited area, a restricted area or a danger area, either without limitation as to time or for such period as is specified in the notice.

“(2.) The Director-General shall not, under the last preceding sub-regulation—

(a) declare an area to be a prohibited area unless, in his opinion, it is necessary for reasons of military necessity to prohibit the flight of aircraft over the area;

(b)declare an area to be a restricted area unless, in his opinion, it is necessary in the interests of public safety to permit the flight of aircraft over the area only in accordance with specified conditions; or

(c) declare an area to be a danger area unless, in his opinion, there exist within or over the area activities that constitute a potential danger to aircraft flying over it.

“(3.) Where the Director-General declares a prohibited area, a restricted area or a danger area under sub-regulation (1.) of this regulation, he shall publish notice of the declaration of the area, including details of its boundaries, in Aeronautical Information Publications or, where the area is declared to be a prohibited area, restricted area or danger area for a period not exceeding three months, in NOTAMS.

“(4.) A notice referred to in sub-regulation (1.) or (3.) of this regulation shall—

(a) in the case of a notice declaring a restricted area, specify the conditions in accordance with which the flight of aircraft over the area is permitted; and

(b)in the case of a notice declaring a danger area, contain sufficient information as to the nature of the danger to enable the pilot in command of an aircraft to take adequate precautions.

“(5.) An aircraft shall not—

(a) fly over a prohibited area; or

(b)fly over a restricted area except in accordance with the conditions specified in the notice declaring the area to be a restricted area.

“(6.) If the pilot in command of an aircraft finds that the aircraft is over a prohibited area or a restricted area in contravention of the last preceding sub-regulation, he shall—

(a) immediately have the aircraft flown to a position where it is not over the area;

(b)as soon as possible report the circumstances to the nearest Air Traffic Control unit; and

 

(c) land at such aerodrome as is designated by the Air Traffic Control unit and, for that purpose, obey any instructions given by the Air Traffic Control unit as to the movement of the aircraft.

“(7.) As soon as possible after the declaration of a prohibited area or of a restricted area, other than an area declared to be a prohibited area or restricted area for a period not exceeding three months, the Director-General shall communicate to the International Civil Aviation Organization and to Contracting States the extent and location of the area.

Flying training areas.

“117.—(1.) For the purposes of flying training, the Director-General may—

(a) designate an area as a flying training area; and

(b)authorize low flying or acrobatic flying over a specified part of that area.

“(2.) Where the Director-General designates an area as a flying training area under the last preceding sub-regulation, he shall publish in NOTAMS notice of the designation of the flying training area, including details of its boundaries and of the part of the area (if any) over which low flying or acrobatic flying is authorized.”.

Low flying.

5. Regulation 133 of the Air Navigation Regulations is amended by omitting from paragraph (c) of sub-regulation (3.) the word and figures “regulation 117B” and inserting in their stead the word and figures “regulation 117”.

Aerodromes at which the operation of aircraft is not restricted to runways.

6. Regulation 146 of the Air Navigation Regulations is amended—

(a) by omitting the words “At aerodromes” and inserting in their stead the words “(1.) Subject to this regulation, at aerodromes”; and

(b) by adding at the end thereof the following sub-regulations:—

“(2.) The rules specified in paragraphs (a), (b), (c) and (d)of the last preceding sub-regulation do not apply at an aerodrome at which they would otherwise apply—

(a) where the Director-General has directed that those rules are not to apply at that aerodrome;

(b) where an Air Traffic Control unit has, by radio, directed that those rules are not to apply at that aerodrome; or

(c) where a right-handed arrow of conspicuous colour is displayed in the signal area or at the end of the runway or strip in use at that aerodrome.

“(3.) At an aerodrome at which a ground signal of the kind referred to in paragraph (c) of the last preceding sub-regulation is displayed, aircraft, when landing and taking-off, as far as possible shall observe the rules specified in paragraphs (a), (b) and (c)of sub-regulation (1.) of this regulation as if the references in those paragraphs to ‘the right’ were references to ‘the left’ and shall observe the rule specified in paragraph (d)of that sub-regulation as if the reference in that paragraph to ‘the left’ was a reference to ‘the right’.”.

 

Training and checking organization.

7. Regulation 214 of the Air Navigation Regulations is amended—

(a)by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) An operator of a regular public transport service, an operator of any aircraft that has a gross weight of over 12,500 pounds and any other operator that the Director-General specifies shall provide a training and checking organization so as to ensure that members of the operator’s operating crews maintain their competency.”;

(b) by omitting from sub-regulation (2.) the word “its” and inserting in its stead the words “the operator’s”; and

(c) by omitting from sub-regulation (3.) the words “of each airline”.

Safety belts and safety harness.

8. Regulation 244 of the Air Navigation Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “the next succeeding sub-regulation” and inserting in their stead the words “this regulation”; and

(b) by inserting after sub-regulation (1.) the following sub-regulation:—

“(1A.) The last preceding sub-regulation does not apply in relation to an authorized officer of the Department undertaking examinations, inspections or checks of the work of an aircraft’s crew or the operation of an aircraft or its equipment under regulation 253 of these Regulations.”.

Prohibition of entry or remaining on aerodrome in certain circumstances.

9. Regulation 316 of the Air Navigation Regulations is amended by omitting from sub-regulation (2.) the words “a Peace Officer of the Commonwealth or a member of the police force of the Commonwealth or of a State or of a Territory of the Commonwealth”, and inserting in their stead the words “a Commonwealth Police Officer or a member of the police force of a State or Territory of the Commonwealth”.

 

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.