EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
DESIGNATION OF AIRSPACE AND DIRECTION — COOMA
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Subregulation 99A (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that the Civil Aviation Safety Authority (CASA) may designate airspace within defined horizontal and vertical limits as an area within which broadcast requirements apply.
Subregulation 99A (3) of CAR 1988 provides that CASA may give directions specifying, for designated areas, the broadcast requirements that apply and the radio frequency on which broadcasts must be made.
This instrument designates airspace centred on Cooma aerodrome as an area in which broadcast requirements apply. It also specifies the broadcast requirements and radio frequency that will be applicable.
The purpose of the instrument is to change the broadcast requirements that will apply within the designated area for the duration of the National Gyroplane Championships which will take place in the period commencing on 24 March 2005 and continuing up to and including 28 March 2005.
Because this instrument contains directions under subregulation 99A (3), it is a legislative instrument under section 5 of the Legislative Instruments Act 2003 (the LIA).
As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. It comes into effect on the day after it is registered on the Federal Register of Legislative Instruments.
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument has been issued for a limited period at the request of the Australian Sport Rotorcraft Association to enable the Championship to take place. It will have a minimal effect on aviation activities within the designated area.
The approval has been issued by a delegate of CASA.
[Instrument number CASA 105/05]
Overview
The Civil Aviation Regulations 1988, enacted by the Australian Government, were amended to address the specific needs of the National Gyroplane Championships held near Cooma aerodrome. The Civil Aviation (Designation of Airspace and Direction – Cooma) Instrument 2005, issued under section 98 of the Civil Aviation Act 1988, designates a specific airspace around Cooma aerodrome where particular broadcast requirements will apply. This legislative instrument, prepared by the Civil Aviation Safety Authority (CASA), sets out the broadcast requirements and the radio frequency to be used during the Championships, which were scheduled from 24 March to 28 March 2005. The instrument, as a legislative tool under the Legislative Instruments Act 2003, is subject to parliamentary oversight and disallowance, although in this case, consultation was not undertaken due to the limited duration and specific request by the Australian Sport Rotorcraft Association. The instrument's primary policy objective is to facilitate the safe and efficient conduct of the Championships within the designated airspace.
Scope and Application
The Civil Aviation Regulations 1988, as amended, apply to the designation of airspace centred on Cooma aerodrome for the duration of the National Gyroplane Championships, occurring from 24 March 2005 to 28 March 2005. The Civil Aviation Safety Authority (CASA), pursuant to Section 98 of the Civil Aviation Act 1988, has the authority to designate specific airspace and specify the broadcast requirements and radio frequency necessary for operations within this area. The regulations apply to all aircraft operating within the designated airspace, and compliance with the broadcast requirements is mandatory for ensuring safe and efficient air traffic management during the Championship. The geographic reach of these regulations is limited to the airspace around Cooma aerodrome and the specified period of the Championship. The instrument does not specify any exclusions or exemptions, but it is subject to the conditions outlined under the Legislative Instruments Act 2003, which includes the requirement for tabling and potential disallowance in the Parliament. The instrument comes into effect the day after its registration on the Federal Register of Legislative Instruments and has been issued without consultation under section 17 of the LIA, given the limited timeframe and specific nature of the Championship.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) include provisions that allow for the designation of airspace under certain conditions. Specifically, subregulation 99A(1) empowers the Civil Aviation Safety Authority (CASA) to designate airspace within defined limits as an area where specific broadcast requirements apply. This is further detailed in subregulation 99A(3), which allows CASA to issue directions regarding the broadcast requirements and the radio frequency for such designated areas. The instrument in question designates airspace centred on Cooma aerodrome as an area subject to these broadcast requirements, effective for the duration of the National Gyroplane Championships from 24 March to 28 March 2005.
Under this regulation, CASA has the authority to establish specific broadcast requirements and the corresponding radio frequencies that must be used within the designated airspace. This is intended to ensure safe and efficient air traffic management during the Championship. The regulation aims to streamline communication between pilots and air traffic control to facilitate the event, thereby minimising potential disruptions to other aviation activities in the area.
The obligations imposed by this regulation primarily rest on CASA, which must issue clear and precise directions regarding the designated airspace and the applicable broadcast requirements. These directions must be communicated effectively to all relevant parties, including pilots and air traffic control personnel, to ensure compliance and safety. CASA is also responsible for monitoring compliance and addressing any issues that may arise during the period of the Championship.
Failure to comply with the broadcast requirements specified in this regulation can lead to serious consequences. Although the specific penalties are not detailed in the provided text, it is reasonable to infer that non-compliance could result in both civil and criminal penalties, depending on the severity of the breach. Given that the instrument is a legislative one, it is likely that penalties could include fines or other sanctions as stipulated by relevant aviation laws. The specific maximum penalties would need to be referenced from the broader Civil Aviation Act 1988 or associated regulations.