EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS
EXEMPTION OF EMERGENCY SERVICE 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.
Subregulation 92A (3) of the Regulations provides that, except in an emergency, an aircraft that is employed in a regular public transport operation that has a maximum carrying capacity equal to, or less than, 30 seats or 3,400 kilograms must not land at, or take‑off from, an aerodrome except in accordance with subregulation 92A (4) of the Regulations.
Subregulation 92A (4) in turn provides that the aircraft must not land at, or take-off from, an aerodrome that is not a licensed aerodrome unless the aircraft operator or the pilot in command is satisfied that the aerodrome meets the requirements of subregulation 92 (5) of the Regulations.
Subregulation 92A (5) in turn sets out certain requirements with which an aerodrome that is not a licensed aerodrome must comply if it is to be used by aircraft employed in regular public transport operations.
Under paragraph 2 (7) (c), an aircraft that is operating for the purpose of transporting persons generally, or transporting cargo for persons generally, for hire or reward in accordance with fixed schedules to and from fixed terminals is taken to be employed in regular public transport operations.
Sydney Helicopters Pty Ltd wishes to commence a regular public transport operation between Sydney (Kingsford‑Smith) Airport and Parramatta Heliport which is situated to the south of Rosehill Racecourse in NSW. Sydney Helicopters Pty Ltd proposes to use Bell 206 helicopters which are aircraft that have a maximum carrying capacity of less than 30 seats or 3,400 kilograms.
Sydney Airport is a licensed aerodrome but the Parramatta Heliport is not. The requirements set out in subregulation 92A (5) with which an aerodrome that is not a licensed aerodrome must comply if it is to be used by aircraft employed in regular public transport operations appear to be directed more to aerodromes used by aeroplanes as distinct from other aircraft covered by the Regulations, including helicopters. Thus, for example, paragraphs 92A (5) (a) and (b) both refer to the “movement area” at the aerodrome which is defined to mean any part of an aerodrome that is used for the surface movement of aircraft.
The instrument of exemption exempts Bell 206 helicopters operated by Sydney Helicopters Pty Ltd from compliance with subregulation 92A (3) when taking off from, or landing at, the Parramatta Heliport. The granting of this exemption is not considered to have any implications for the interests of safety. The Parramatta Heliport is already used by Bell 206 helicopters operated by Sydney Helicopters Pty Ltd in accordance with the Regulations. The need for the exemption arises solely from the fact that Sydney Helicopters Pty Ltd proposes to commence a regular public transport operation.
The attached instrument gives effect to the exemption.
The exemption has been signed by the Deputy Director, CASA, as a delegate of CASA.
The exemption took effect on gazettal.