EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO 141
Issued by the Authority of the Minister for Aviation
AIR NAVIGATION REGULATIONS (AMENDMENT)
Section 26 of the Air Navigation Act 1920 provides, inter alia, that the Governor-General may make regulations not inconsistent with the Act prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The regulations effect a number of amendments to the Air Navigation Regulations. These cover a wide range of matters and include amendments to permit control over the discharge of firearms from aircraft and the picking up of persons by helicopters. The amendments overcome a number of administrative difficulties, update terminology, and effect other machinery changes in line with current drafting practice.
In the past, there have been instances where damage has been caused to parts of an aircraft as a result of the discharging of a firearm from the aircraft during animal culling operations. However, it has not been possible to exercise control over the discharge of firearms in and from aircraft. New regulation 120B prohibits a person from discharging a firearm while on board an aircraft except with the permission in writing of the Secretary. This provision complements regulation 120A which provides for control over the carriage of firearms. New regulation 120B ensures that when permission to take a firearm on an aircraft is given, the circumstances under which it may be discharged can be specified.
Helicopters are now used in rescue operations to pick up persons on the ground or in water by means of ladders or winches while the helicopter is in flight. In such operations, a person may then be carried for some distance suspended beneath the helicopter. The amendments to regulations 127 and 243 ensure that appropriate safety standards may be imposed in relation to the picking up and carriage of persons by helicopter.
Previously, permits under paragraph 133(3)(b) for low flying could only be granted in respect of aerial work of a nature which necessitated low flying. Because of the wording of regulation 191 which defines aerial work operations and private operations as separate classifications, there was some doubt that permits under paragraph 133(3)(b) could be granted for private
operations for purposes such as fence inspections, stock mustering and agricultural flights over land owned by the pilot, and low level aerobatic flights. New paragraph 133(3)(b) empowers the Secretary to grant permits for low flying in respect of private operations or aerial work operations that require low flying.
New sub-paragraph 52(8)(aa)(iii) enables flying training to continue pending the result of any medical examination required. The intention is that student pilots who pass the medical standards not suffer undue delays in the continuation of their training. Presence of an authorised instructor at all times during flight instruction ensures that safety is not compromised.
The amendments to regulations 147A and 150 bring the upper height limit for Visual Flight Rules operations into line with the upper limit under international standards set by the Chicago Convention.
The Statutory Rules came into operation on the date of their notification in the Commonwealth of Australia Gazette.
Overview
The Air Navigation Regulations (Amendment) Statutory Rules 1986 No 141, enacted by the authority of the Minister for Aviation, were introduced to address various administrative difficulties and safety concerns related to the Air Navigation Act 1920. The principal objective of these amendments is to enhance the control over certain activities involving aircraft, thereby improving safety standards and regulatory compliance. One significant change includes the prohibition of discharging firearms from aircraft, except with written permission, to prevent damage and ensure safety during operations such as animal culling. Additionally, the amendments clarify the conditions under which helicopters can be used for picking up persons, ensuring that appropriate safety standards are met. The regulations also address the issuance of permits for low flying in both private and aerial work operations, thereby broadening the scope of permissible activities. These amendments aim to streamline regulatory processes, update terminology, and align with current drafting practices and international standards.
Scope and Application
The Air Navigation Regulations (Amendment) Statutory Rules 1996 No. 141 are made under the authority of the Minister for Aviation and amend the existing Air Navigation Regulations to enhance safety, update terminology, and address administrative difficulties in relation to various aviation activities. These regulations apply to individuals and entities involved in activities such as the discharge of firearms from aircraft, the picking up of persons by helicopters, and low-flying operations, including both aerial work and private operations. They extend across the Commonwealth of Australia, ensuring consistent regulation and safety standards are upheld nationwide. Notably, the amendments introduce new regulatory provisions to prohibit the discharge of firearms from aircraft without written permission from the Secretary, establish safety standards for helicopter rescue operations, and clarify the conditions under which low-flying permits can be granted. The regulations came into effect on the date of their notification in the Commonwealth of Australia Gazette, ensuring immediate implementation of the prescribed changes.
Key Provisions
The Air Navigation Regulations (Amendment) Statutory Rules 1986 No 141 introduce several key provisions aimed at enhancing safety and regulation within the aviation sector. These amendments include the prohibition of firearm discharges from aircraft (Regulation 120B), which requires written permission from the Secretary for such activities, aligning with Regulation 120A which governs the carriage of firearms. Additionally, new safety standards are established for the picking up and carriage of persons by helicopter during rescue operations (Regulations 127 and 243). Furthermore, the amendments clarify that permits for low flying can now be granted for both private operations and aerial work operations that necessitate such flying (Paragraph 133(3)(b)). Another significant change is the allowance for flying training to proceed while awaiting the results of a medical examination (Sub-paragraph 52(8)(aa)(iii)), provided an authorised instructor is present during the flight. The amendments also update the upper height limit for Visual Flight Rules operations to align with international standards (Regulations 147A and 150).
The Air Navigation Regulations (Amendment) impose several obligations on parties and entities involved in aviation activities. Firstly, any person intending to discharge a firearm from an aircraft must obtain written permission from the Secretary (Regulation 120B). Additionally, operators of helicopters involved in picking up and carrying persons must adhere to the new safety standards specified in the regulations (Regulations 127 and 243). Permit applicants for low flying operations must now provide justification for their request, covering both private and aerial work operations (Paragraph 133(3)(b)). Furthermore, student pilots must ensure that an authorised instructor is present during flight instruction if they are awaiting the results of a medical examination (Sub-paragraph 52(8)(aa)(iii)). Operators conducting Visual Flight Rules operations must comply with the updated upper height limit as per international standards (Regulations 147A and 150).
The Air Navigation Regulations (Amendment) also introduce specific consequences for non-compliance with the new provisions. Unauthorized discharge of firearms from aircraft is prohibited and can result in legal action (Regulation 120B). Failure to comply with the new safety standards for helicopter operations can lead to enforcement actions by aviation authorities (Regulations 127 and 243). Incorrect or incomplete applications for low flying permits may result in the denial of such permits (Paragraph 133(3)(b)). Non-compliance with the requirement for an authorised instructor during flight instruction pending medical examination results may also lead to enforcement actions (Sub-paragraph 52(8)(aa)(iii)). Operators who do not adhere to the updated height limits for Visual Flight Rules operations risk facing penalties and potential grounding of their aircraft (Regulations 147A and 150). The maximum penalties for these offences are not explicitly stated in the explanatory statement, but they would generally align with the penalties prescribed under the Air Navigation Act 1920 and related legislation.