EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
SUBREGULATION 92 (2)
Under subsection 98 (1) of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Subregulation 92 (2) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may, in relation to an aerodrome, issue directions relating to the safety of air navigation.
CASA having taken into consideration the safety of air navigation, in relation to Barwon Heads aerodrome, has issued a direction to the pilot in command of an aircraft engaged in an operation involving the descent of parachutists in respect that aerodrome.
CASA has directed that the pilot in command of an aircraft engaged in a parachute operation must not allow a person to exit the aircraft to conduct a parachute descent within 4.8 kilometres of Barwon Heads aerodrome, Victoria (location indicator YBRS, reference point South 38° 15.5’, East 144° 26.0’).
This is a legislative instrument for the purposes of section 5 of the Legislative Instruments Act 2003. It is subject to tabling and disallowance in the Parliament under sections 38 and 42 of that Act.
The instrument has been made after consulting with persons likely to be affected.
The direction takes effect at the start of the day after it is registered on the Federal Register of Legislative Instruments.
The direction has been issued by a delegate of CASA in accordance with regulation 7 of CAR 1988.
[Instrument number CASA 130/05]
Overview
The Civil Aviation Act 1988 was enacted to regulate the aviation industry in Australia with a focus on ensuring the safety of air navigation. The Act empowers the Governor-General to create regulations for the purposes of the Act and to safeguard the safety of air navigation. The Civil Aviation Regulations 1988 further detail these regulations and provide the Civil Aviation Safety Authority (CASA) with the authority to issue directions relating to the safety of air navigation at aerodromes. In response to safety concerns at Barwon Heads aerodrome, CASA issued a specific direction prohibiting the exit of individuals from aircraft engaged in parachute operations within 4.8 kilometres of the aerodrome. This legislative instrument was created in accordance with the Legislative Instruments Act 2003 and has been subject to consultation with affected parties. The direction is legally binding upon registration on the Federal Register of Legislative Instruments and is issued by a delegate of CASA in line with the Civil Aviation Regulations 1988.
Scope and Application
The Civil Aviation Regulations 1988, as amended by Subregulation 92(2), pertain specifically to the safety of air navigation at Barwon Heads aerodrome in Victoria. This regulation applies to the pilot in command of any aircraft engaged in operations involving the descent of parachutists within the specified area. CASA, exercising its powers under the Civil Aviation Act 1988, has issued a direction that prohibits the pilot in command from allowing any person to exit the aircraft to conduct a parachute descent within 4.8 kilometres of Barwon Heads aerodrome. This directive aims to enhance safety by delineating a specific exclusion zone around the aerodrome. The regulation is applicable to any person or entity operating aircraft within this geographic area and conducting parachute operations. It is important to note that the regulation is a legislative instrument subject to the Legislative Instruments Act 2003, and it becomes effective the day after its registration on the Federal Register of Legislative Instruments. The direction was issued in consultation with stakeholders likely to be affected and by a delegate of CASA as per the provisions of regulation 7 of the Civil Aviation Regulations 1988.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) under subregulation 92(2) allow the Civil Aviation Safety Authority (CASA) to issue safety-related directions concerning specific aerodromes, including the Barwon Heads aerodrome in Victoria. This direction, as outlined in the legislation, specifically pertains to parachute operations and mandates that the pilot in command must not permit any individual to leave the aircraft for a parachute descent within 4.8 kilometres of the Barwon Heads aerodrome. This geographical restriction is defined with a precise reference point: South 38° 15.5’, East 144° 26.0’. The regulation is designed to ensure the safety of air navigation around the aerodrome.
The obligations imposed by this direction on the pilot in command of an aircraft involved in a parachute operation are clear and specific. The pilot must adhere to the geographic restriction, ensuring that no parachutist exits the aircraft within the designated 4.8-kilometre radius of Barwon Heads aerodrome. This requirement is critical for maintaining the safety of both air navigation and parachute operations. The pilot must ensure that all personnel involved in the parachute operation are fully aware of and comply with this regulation to avoid any breaches that could compromise safety.
Failure to comply with this direction could result in significant legal consequences. Although the specific penalties are not detailed in the explanatory statement, violations of CASA directions generally fall under the broader framework of the Civil Aviation Act 1988. Non-compliance with CASA regulations can lead to both civil and criminal penalties, including fines and imprisonment, depending on the severity and impact of the breach. It is imperative for pilots and operators to take this direction seriously to avoid these potential consequences.