Explanatory Statement
Civil Aviation Regulations 1988
Approval — for an air display
Permission — for acrobatic flight over a place, flight over a public gathering and low flight
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Under subregulation 155 (3) of the Civil Aviation Regulations 1988 (CAR 1988), it is an offence for a person to engage in acrobatic flight lower than 3 000 feet or over a public gathering. Under subregulations 155 (6) and (7), it is a defence if the person had CASA’s written permission for the acrobatic flight at the particular height over the place.
Under paragraph 156 (1) (a) of CAR 1988, it is an offence for the pilot in command of an aircraft to fly over a public gathering without the written permission of CASA.
Under paragraphs 157 (1) (a) and (4) (b) of CAR 1988, it is an offence for the pilot in command of an aircraft to fly lower than 1 000 feet unless the aircraft is engaged in private, or aerial work, operations and CASA has given permission for flight below that height.
Under subsection 2 of Civil Aviation Order 29.4 (CAO 29.4), an air display must not be conducted without the written approval of CASA.
Under paragraph 4.2 (2) of CAO 29.4, an aircraft in flight below 1 500 feet above ground level must not track or manoeuvre towards spectators within a horizontal distance of 500 metres or pass within 200 metres horizontal distance from spectators.
Instrument
The instrument applies to air displays at Point Cook Airfield, Victoria (the airfield) that are conducted by the RAAF Museum in accordance with the application submitted to CASA on 20 May 2003.
There are 2 kinds of air display involved. Under the regular interactive flying program, a pilot briefs visitors about particular aircraft which the visitors then view in flying exhibitions using ex-military and replica aircraft. Larger scale periodic air displays may also be conducted.
The instrument approves the conduct of the air displays, and for such displays gives permission for acrobatic flights, flights over public gatherings and low flying.
Conditions — air displays
There are conditions. An air display must comply with the requirements mentioned in CAO 29.4 except subsection 3 and paragraph 4.2. The requirements include, in particular, general conditions about CASA approval of the location and the events, and conditions about the management of participants, spectators and emergencies. Subsection 3 requires a particular application to be made to CASA and paragraph 4.2 prescribes height and manoeuvring limitations to minimise danger to spectators.
Compliance with the application requirements of subsection 3 is not required because the interactive flying program is a continuing program by the RAAF Museum. However, a further condition requires CASA to assess and consent to applications for larger air displays.
The manoeuvring limitations in paragraph 4.2 are not required because other conditions of the instrument require compliance with the more flexible manoeuvring limitations in Schedule 3. These more flexible manoeuvring limitations are considered to be safe because of the slow speed and lower weight of the aircraft involved in the air displays.
There are other safety conditions. For example, each operator and pilot in command must ensure that during operations their aircraft broadcasts details of its activity on the Point Cook common traffic advisory frequency. Each operator and pilot in command must ensure that a listening watch is also maintained on that frequency. Each operator and pilot in command must ensure that the aircraft complies with the alternative manoeuvring requirements in Schedule 3. The RAAF Museum must ensure that 1 or more showlines are in place and clearly visible to assist participants to comply with the manoeuvring requirements mentioned in Schedule 3. The RAAF Museum must ensure that showlines are identified and explained to participants. A Note explains that a natural feature may be part of a showline provided it is identified and explained as such.
Conditions — for acrobatic flight
The pilot in command must have permission from CASA (a low level acrobatic approval) to engage in acrobatic flight at a height lower than 3 000 feet and must also comply with any height restriction in the low level acrobatic approval. He or she must also comply with the manoeuvring limitations in Schedule 3.
Conditions — for flight over a public gathering
The pilot in command must comply with the manoeuvring limitations in Schedule 3.
Conditions — for low flying
The pilot in command must not fly below 200 feet above ground level unless he or she is taking off or landing or has a low level acrobatic approval which permits flight below that height.
Legislative Instruments Act
The instrument affects CAO 29.4 by dispensing with the requirement for a new written application to conduct an air display, and by substituting alternative manoeuvring limitations. Subregulation 5A (1) of CAR 1988 provides that if CASA issues an approval or permission which affects the operation of a Civil Aviation Order, the new instrument is a disallowable instrument.
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. The instrument is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
The instrument replaces instrument CASA 306/11, which would otherwise expire at the end of 30 June 2013. The RAAF Museum has requested the renewal of the approval and permissions in CASA 306/11. No compliance issues have been raised during the period of effect of CASA 306/11. This instrument is designed to continue in force the regulatory framework for the ongoing RAAF Museum air display program. In these circumstances, CASA is satisfied that no further consultation under section 17 of the LIA is appropriate or necessary.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The instrument has been made by a delegate of, and a person authorised by, CASA relying on the power of delegation under subregulation 11.260 (1) of Civil Aviation Safety Regulations 1998.
The instrument commences on the day of registration and stops having effect at the end of 31 May 2016.
[Instrument number CASA 130/13]
ATTACHMENT 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Approval — for an air display
Permission — for acrobatic flight over a place, flight over a public gathering and low flight
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
This instrument approves the conduct of air displays by the RAAF Museum at Point Cook Airfield in Victoria for a further period to the end of May 2016. It also continues to permit acrobatic flight, flight over a public gathering and low flying during those air displays. The approval and permissions are subject to conditions in the interests of the safety of air navigation.
The purpose of the instrument is to continue to allow the conduct of air displays by the RAAF Museum at Point Cook Airfield, subject to conditions that are appropriate for the types of air displays that are conducted there.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority