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 CASA considers that the procedures need not be published in AIP.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 Bristow Helicopters Australia 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, which has been signed by a delegate of CASA, gives effect to the exemption.
The exemption took effect on gazettal.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation in Australia, including the safety and efficiency of aircraft operations. One specific issue addressed by this Act is the regulation of helicopter operations, particularly those used in off-shore operations for the petroleum industry. Section 98 of the Act empowers the Governor-General to make regulations, which include provisions for exemptions from certain regulatory requirements. Regulation 308 of the Civil Aviation Regulations enables the Civil Aviation Safety Authority (CASA) to exempt specific aircraft from compliance with certain regulatory provisions if deemed necessary. In this instance, CASA has exempted helicopters operated by Bristow Helicopters Australia Pty Ltd from specific altitude regulations when operating between land and off-shore facilities, provided they adhere to the procedures outlined in the exemption. This exemption was implemented to streamline procedures that are of limited relevance to the broader aviation industry but are critical for off-shore operations.
Scope and Application
The Civil Aviation Act 1988 provides the regulatory framework for aviation in Australia, and under section 98, the Governor-General is empowered to make regulations to ensure the safe operation of aircraft. Regulation 308 of the Civil Aviation Regulations enables CASA to exempt specific aircraft or persons associated with their operation from certain regulatory provisions, provided these exemptions are published in the Aeronautical Information Publication (AIP) or Notice to Airmen (NOTAM). However, certain procedures for helicopters used in off-shore operations, particularly those serving the petroleum industry, are deemed not to be of general interest to the broader aviation sector. Consequently, CASA has decided to exempt helicopters operated by Bristow Helicopters Australia Pty Ltd from the requirements of subregulations 178(3) and (4) of the Regulations, which mandate the publication of certain flight altitude determinations in AIP or NOTAM. The exemption is contingent on the helicopters operating in accordance with the specified procedures outlined in the exemption instrument, which has been signed by a delegate of CASA and took effect upon gazettal. This exemption does not alter the broader application of the Civil Aviation Act 1988 and its regulations to other aircraft and operations.
Key Provisions
The Civil Aviation Act 1988, under the authority conferred by Section 98, allows the Governor-General to issue regulations governing civil aviation. Regulation 308 of the Civil Aviation Regulations (the Regulations) specifically provides the Civil Aviation Safety Authority (CASA) with the power to exempt an aircraft, or individuals associated with its operation, from complying with certain provisions of the Regulations. This exemption is a disallowable instrument as per Section 46A of the Acts Interpretation Act 1901. Regulation 178 further empowers CASA to determine the lowest safe altitude for flight or, in certain cases, the method for calculating such altitude. Subregulations 178(3) and (4) mandate that aircraft must not be flown below the lowest height specified or in accordance with the height determined under subregulation 178(1), which must be published in the Aeronautical Information Publication (AIP) or Notice to Airmen (NOTAMS).
The exemption under regulation 308 applies to helicopters operated by Bristow Helicopters Australia Pty Ltd, which are involved in transporting personnel or cargo between land and offshore facilities used by the petroleum industry, or between such facilities. CASA has determined that the procedures for these operations do not require publication in the AIP. Therefore, CASA has exempted Bristow Helicopters Australia Pty Ltd from the compliance requirements of subregulations 178(3) and (4) on the condition that the helicopters adhere to the procedures outlined in the exemption. This decision was made to alleviate the burden of unnecessary publication requirements on the aviation industry, as these procedures are specific to the petroleum industry's offshore operations.
Entities governed by this exemption, such as Bristow Helicopters Australia Pty Ltd, are required to operate their helicopters in strict accordance with the specified procedures outlined in the exemption. Failure to adhere to these procedures may result in non-compliance with the Civil Aviation Regulations. CASA has the authority to enforce the regulations and may take appropriate action against any non-compliance, including the imposition of penalties or other corrective measures.
Under the Civil Aviation Act 1988, there are potential civil and criminal consequences for non-compliance with the regulations. The severity of these consequences can depend on the nature and extent of the breach. For instance, serious breaches may lead to criminal charges, while less severe breaches might result in fines or other administrative penalties. The maximum penalties for breaches are not explicitly detailed in the provided text, but they generally align with the Civil Aviation Act 1988 and the associated regulations, which can include substantial fines and imprisonment for more severe offences.