EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
HELICOPTERS USED IN OFF-SHORE OPERATIONS — EXEMPTION OF CERTAIN HELICOPTERS UNDER REGULATION 308
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Under regulation 308 of the Civil Aviation Regulations (the Regulations), CASA may exempt an aircraft, or persons associated with the operation of an aircraft, from compliance with specified provisions of the Regulations. Such an exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Under regulation 178 of the Regulations, CASA may, among other things, determine the lowest safe altitude for flight and, in other cases, determine the method for calculating the lowest safe altitude for flight. Subregulations 178 (3) and (4) of the Regulations provide, among other things, that aircraft must not be flown at lower than the lowest height set under, or in accordance with, the height determined under subregulation 178 (1). A determination under subregulation 178 (1) must be published in AIP or NOTAMS.
The procedures relating to helicopters that use generic airborne radar approach procedures, non directional radio beacon (NDB) radar approach procedures and NDB approach procedures while carrying persons or cargo between land and off-shore facilities used by the petroleum industry (and between such facilities) are of no interest to the aviation industry as a whole. At present, they are applicable only to helicopters servicing off-shore facilities for the petroleum industry. CASA considers that the procedures need not be published in AIP.
To overcome the publication requirement, CASA has decided to exempt helicopters operated by Lloyd Helicopter Pty Ltd from compliance with the requirements of subregulations 178 (3) and (4) of the Regulations on condition that the helicopters are operated in accordance with the procedures set out in the exemption.
The attached instrument gives effect to the exemption.
The exemption has been signed by the Acting Director of Aviation Safety.
The exemption took effect on gazettal.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, addressing the need for comprehensive and cohesive aviation legislation. One specific issue it addresses is the regulation of helicopter operations, particularly those used in off-shore operations. The Act empowers the Governor-General to make regulations governing various aspects of civil aviation, including the operations of helicopters. In this context, regulation 308 of the Civil Aviation Regulations allows the Civil Aviation Safety Authority (CASA) to exempt certain aircraft or persons from compliance with specified provisions, provided such exemptions align with the broader objectives of ensuring safety and efficiency in civil aviation. The exemption in question allows helicopters operated by Lloyd Helicopter Pty Ltd to avoid certain regulatory requirements, such as the publication of flight altitudes, as long as they adhere to specified procedures, thereby streamlining operations that are unique to the off-shore petroleum industry.
Scope and Application
The Civil Aviation Act 1988, through regulation 308 of the Civil Aviation Regulations, allows the Civil Aviation Safety Authority (CASA) to exempt specific aircraft and associated persons from complying with certain regulatory provisions. This exemption process applies to helicopters used in off-shore operations, specifically those operating between land and off-shore facilities used by the petroleum industry, or between such facilities. The exemption, which was signed by the Acting Director of Aviation Safety and took effect on gazettal, targets helicopters operated by Lloyd Helicopter Pty Ltd, enabling them to operate under specified procedures without the need for the publication of these procedures in the Aeronautical Information Publication (AIP) or Notice to Air Missions (NOTAMS). This exemption is limited to the conditions set out in the exemption instrument and does not affect the broader aviation industry or other helicopter operations.
Key Provisions
The Civil Aviation Act 1988, through section 98, provides the authority for the Governor-General to enact regulations. Under regulation 308 of the Civil Aviation Regulations (the Regulations), the Civil Aviation Safety Authority (CASA) has the power to exempt certain aircraft or associated personnel from complying with specified provisions of the Regulations. Such exemptions are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901. Regulation 178 further empowers CASA to determine the lowest safe altitude for flight or, in some cases, to determine the method for calculating the lowest safe altitude for flight. Subregulations 178(3) and (4) stipulate that aircraft must not be flown below the lowest altitude set by CASA, and any such determination must be published in the Aeronautical Information Publication (AIP) or Notice to Airmen (NOTAM).
The Civil Aviation Regulations exempt helicopters operated by Lloyd Helicopter Pty Ltd from compliance with subregulations 178(3) and (4) provided they adhere to specific procedures outlined in the exemption. This exemption pertains specifically to helicopters that use generic airborne radar approach procedures, non-directional radio beacon (NDB) radar approach procedures, and NDB approach procedures for transporting persons or cargo between land and off-shore facilities used by the petroleum industry. CASA has determined that these procedures are not of general interest to the aviation industry and are currently applicable only to helicopters servicing petroleum off-shore facilities. Consequently, CASA has decided against publishing these procedures in the AIP.
Entities and individuals affected by this exemption, primarily Lloyd Helicopter Pty Ltd, must ensure that their operations strictly adhere to the procedures outlined in the exemption. This includes, but is not limited to, following the specified methods for determining and maintaining the lowest safe altitude during flights. Non-compliance with these stipulated procedures could result in regulatory repercussions, including potential enforcement actions by CASA.
The legislation does not explicitly detail the penalties for breach of the exemption conditions. However, general provisions under the Civil Aviation Act 1988 and the Civil Aviation Regulations may apply. Penalties for breaches can range from fines to more severe consequences depending on the severity and nature of the offence. The maximum penalties for breaches of aviation regulations can include substantial fines, imprisonment, or both, reflecting the serious nature of ensuring aviation safety and compliance.