CASA EX85/22 — The Canungra Cup Instrument 2022 (Cth)

Instrument number CASA EX85/22

I, ANTHONY ALFRED STANTON, Branch Manager, Sport & Recreation Aviation, Stakeholder Engagement Division, a delegate of CASA, make this instrument under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed A.A. Stanton]

Anthony A. Stanton
Branch Manager, Sport & Recreation Aviation
Stakeholder Engagement Division

20 October 2022

CASA EX85/22 — The Canungra Cup Instrument 2022

1          Name

                 This instrument is CASA EX85/22 — The Canungra Cup Instrument 2022.

2          Duration

                 This instrument:

(a)   commences on 22 October 2022; and

(b)   is repealed at the end of 31 January 2023.

Note   The exemptions in sections 5 and 6, and the Schedule 3 conditions on the exemption in section 5, only apply during the event period, which ceases at the end of 29 October 2022 for the event. The direction in section 4 is in force until the repeal of this instrument because of the record retention requirement in paragraph 6 (b) of Schedule 2.

3          Definitions

Note   In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: AA, NOTAM and paraglider.

                 In this instrument:

CAO 95.8 means Civil Aviation Order 95.8 (Exemptions from CAR and CASR — Hang Gliders and Paragliders) Instrument 2021,as in force from time to time.

Competition Directormeans the person appointed by SAFA to manage the event.

declared area means any of the areas of Australian territory mentioned in Schedule 1 if a declaration is in force under regulation 6 of the Airspace Regulations 2007 designating the area to be a restricted area or a danger area.

Note   A declared area is activated by publication in a NOTAM.

event means the paragliding competition known as the “Canungra Cup 2022” that is:

(a)   organised by the Canungra Hang Gliding Club Inc.; and

(b)   conducted in the event vicinity during the event period.

event period means the period commencing at the start of 22 October 2022 and ceasing at the end of 29 October 2022.

event vicinity means the area within Class G airspace between 25 nautical miles to 60 nautical miles south of Brisbane aerodrome (YBBN), CASA.ADCERT.0017, and 12 nautical miles to 50 nautical miles west of the Gold Coast aerodrome (YBGC), CASA.ADCERT.0024, and includes any active declared area.

relevant qualifications for the event means:

(a)   a PG3 Pilot Certificate (as defined by the SAFA Operations Manual), and flight experience, in a paraglider, of at least 60 flights and at least 15 hours air time, that:

             (i)  was logged on at least 25 flying days, at a minimum of 5 different flying sites, at least 2 hours of which was at 1 or more thermic inland sites; and

            (ii)  in the opinion of the Competition Director, is appropriate for participation in the event; or

(b)   a higher qualification issued by SAFA; or

(c)   a valid overseas qualification and flight experience recognised by SAFA as equivalent to, or higher than, the qualifications mentioned in paragraph (a) or (b).

SAFA means Sports Aviation Federation of Australia Limited, ARN 217853.

SAFA Operations Manualmeans the Sports Aviation Federation of Australia Operations Manual, version 20211006, as existing from time to time.

4          Direction

                 SAFA is directed to comply with the requirements mentioned in Schedule 2.

5          Exemption

        (1)     The pilot in command of a paraglider, when participating in the event during the event period, is exempt from compliance with:

(a)   regulations 91.400, 91.630 and 91.640 of CASR; and

(b)   the following provisions of CAO 95.8:

             (i)  subparagraph 10.2 (a);

            (ii)  to the extent that the subparagraphs may require the carriage or use of a VHF radiocommunication system — subparagraphs 10.2 (b) and 10.3 (a);

           (iii)  subparagraph 10.4 (b).

Note   Subsection 8 of CAO 95.8 provides persons with an exemption from obligations under other specified CASR provisions, including regulation 91.625, in relation to aircraft to which CAO 95.8 applies. These include paragliders employed in private operations.

        (2)     The exemption in subsection (1) is subject to the conditions in Schedule 3.

        (3)     Subsection (1) applies to the pilot in command of a paraglider whether or not the paraglider is equipped with a VHF radiocommunication system.

6          Exemption — radio operator

        (1)     Subsection (2) applies if David John Gibbs is the holder of a radio operator endorsement issued by SAFA in accordance with the SAFA Operations Manual, as it exists at the time this instrument commences.

        (2)     David John Gibbs is exempt from compliance with regulation 91.625 of CASR when transmitting on a radio frequency while operating a ground communications station in accordance with clause 1 of Schedule 2.

Schedule 1          Declared areas

Beaudesert TRA

LATERAL LIMITS: 27 57 59S 152 48 34E, 27 52 59S 152 52 14E
27 55 29S 153 11 44E, 28 02 02S 153 10 03E

then along the minor arc of a circle of 40.00 NM radius centred on
27 21 57S 153 08 21E (BN/DME) to 27 57 59S 152 48 34E

VERTICAL LIMITS: 7500-8500

Springbrook TRA

LATERAL LIMITS: 28 28 27S 153 03 16E, 27 55 29S 153 11 44E
28 03 00S 153 17 12E, 28 13 54S 153 16 42E

28 24 00S 153 16 00E, 28 31 58S 153 06 50E

then along the minor arc of a circle of 30.00 NM radius centred on
28 10 08S 153 30 14E (CG/DME) to 28 28 27S 153 03 16E

VERTICAL LIMITS: 6500-8500

Schedule 2          Requirements for direction

        1     For each day of the event period of the event, SAFA must ensure:

(a)   that an effective ground communications station is established and maintained that covers the event vicinity; and

(b)   if flight higher than 6 500 feet above mean sea level is possible during the event operations on the day — that:

             (i)  an effective communications station is established and maintained that covers the area within 15 nautical miles of all event participants; and

            (ii)  a declared area is active for the event that covers the event operations on that day; and

(c)   that the Competition Director, or another person authorised to broadcast on the event communications system, maintains a listening watch on appropriate VHF frequencies whenever flights are taking place for the purpose of the event; and

(d)   that the Competition Director, or another competent person, operates the appropriate UHF frequencies whenever flights are taking place for the purpose of providing traffic, weather and other pertinent information to event participants; and

(e)   that, at intervals of no more than 30 minutes, the following information about the event is transmitted on relevant VHF frequencies from a ground communications station to pilots of aircraft, not participating in the event, operating in the event vicinity:

             (i)  location of the launch site and activities;

            (ii)  duration of activities;

           (iii)  operating direction of aircraft participating in the event;

           (iv)  location of the proposed landing site.

        2     For clause 1:

(a)   a hand-held VHF radiocommunication system without an external antenna is not an effective ground communications station; and

(b)   a ground communications station must be supported by available back-up VHF and UHF radiocommunication systems and batteries; and

(c)   a ground communications station must be active:

             (i)  on relevant UHF frequencies, VHF common traffic advisory frequencies and VHF area frequencies; and

            (ii)  from at least 30 minutes before event flights begin and continuing for the duration of event flights.

        3     SAFA must ensure that the Competition Director, at least 3 days before the commencement of the event period, gives CASA sufficient information to prepare a NOTAM about the event operations, that manages risk of conflict between the paragliders participating in the event and other aircraft, including the following information about the event operations:

(a)   location of the launch site and activities;

(b)   duration of activities;

(c)   operating area of paragliders participating in the event, including the designation of the declared areas for the duration of the competition.

        4     SAFA must ensure that the Competition Director:

(a)   at the commencement of a day in the event period in which flights for the event are to be held, confirms with AA the availability of the declared areas to be used for the flights; and

(b)   nominates a mobile telephone number that AA may use to contact the Competition Director during the period that the declared areas are in force; and

(c)   notifies AA as soon as possible once flights in the declared area are no longer required for that day of competition.

        5     Before the first flight on each day of the event period, SAFA must ensure that a daily briefing is given to event participants that addresses the following:

(a)   confirmation of ground communications station set-up and the frequencies in use;

(b)   review and explanation of the NOTAM published for that day, and the airspace restrictions and boundaries of any declared area activated for that day, in relation to the event;

(c)   review and explanation of the event vicinity and the requirement to operate within the event vicinity;

(d)   review and explanation of the conditions under which the exemption in section 5 that apply to the participant have been issued;

(e)   review and explanation of any airspace in which SAFA expects other aircraft may be operating;

(f)    if event participants may fly in the vicinity of an aerodrome — review and explanation of the air traffic and activities which SAFA expects may occur at the aerodrome;

(g)   any other matters that SAFA considers appropriate to promote the safety of the event.

        6     SAFA must ensure that:

(a)   for each day of the event period, the Competition Director records the name of each event participant that attends the daily briefing mentioned in clause 5; and

(b)   SAFA retains the records mentioned in paragraph (a) for 3 months from the end of the event period.

        7     SAFA must ensure that, before each event participant first operates a paraglider in the event, the Competition Director gives the event participant a diagram that identifies air traffic routes to assist the participant to manage the risk of conflict with other aircraft.

Schedule 3          Conditions on exemption for pilot in command

        1     If the pilot in command is participating in the event, the pilot in command must hold the relevant qualifications for the event.

        2     The pilot in command must ensure that the paraglider is equipped with a serviceable UHF radiocommunication system.

        3     If, during a flight for the event, the pilot in command becomes aware that the UHF radiocommunication system of the paraglider is unserviceable, the pilot in command must cease the flight as soon as safely practicable.

        4     The pilot in command may only conduct a flight for the event if satisfied that:

(a)   a ground communications station will be established and maintained in accordance with Schedule 2, and is operating satisfactorily; and

(b)   a NOTAM has been published for the day of the flight that provides information about the event operations to aircraft, including any activation of a declared area and event operations within the declared area.

        5     The pilot in command must:

(a)   attend the daily briefing mentioned in clause 5 of Schedule 2; and

(b)   operate in accordance with the SAFA Operations Manual, during the event period.

        6     The pilot in command may rely on the daily briefing mentioned in paragraph 5 (a) to be satisfied of the matters mentioned in clause 4.

        7     The pilot in command may only conduct a flight within a declared area if the declared area is active.