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.
Overview
The Civil Aviation Act 1988 was enacted by the Commonwealth Parliament to provide a comprehensive framework for the regulation of civil aviation in Australia, addressing gaps in safety and operational standards within the industry. This legislation empowers the Governor-General to make regulations that ensure the safe and efficient operation of aircraft in Australian airspace, including the regulation of aircraft operations and aerodromes. The Civil Aviation Regulations, made under this Act, further detail the specific requirements for aircraft operations, including those related to the use of aerodromes by aircraft employed in regular public transport operations. In this context, the exemption of emergency service helicopters under regulation 308 aims to allow specific aircraft, such as those used by Sydney Helicopters Pty Ltd, to operate in a manner that aligns with their unique operational needs, while maintaining the overarching safety objectives of the regulatory framework. The policy objective is to facilitate efficient and safe operations, particularly in the context of new or specialised services like regular public transport by helicopter, without unduly burdening operators with compliance requirements that may not be directly applicable to their specific operations.
Scope and Application
The Civil Aviation Regulations, under the Civil Aviation Act 1988, provide for the exemption of specific aircraft from certain regulatory requirements, as outlined in regulation 308. This regulatory power allows the Civil Aviation Safety Authority (CASA) to exempt an aircraft or persons associated with its operation from compliance with specified provisions of the Regulations. Such exemptions are subject to parliamentary disallowance. In particular, subregulation 92A(3) generally prohibits aircraft used in regular public transport operations with a maximum carrying capacity of 30 seats or 3,400 kilograms from landing or taking off at non-licensed aerodromes, unless specific conditions are met as set out in subregulation 92A(4) and (5). This exemption mechanism is utilised in the case of Bell 206 helicopters operated by Sydney Helicopters Pty Ltd for their proposed regular public transport service between Sydney Airport and Parramatta Heliport, a non-licensed aerodrome. The exemption specifically allows these helicopters to land or take off at Parramatta Heliport without needing to meet the aerodrome requirements intended for aeroplanes, considering the unique operational context of helicopter services. The exemption does not compromise safety as the Parramatta Heliport is already in use by Sydney Helicopters Pty Ltd’s helicopters in compliance with the Regulations. The exemption was signed by a CASA delegate and took effect upon gazettal.
Key Provisions
The Civil Aviation Regulations (Regulations) provide for the exemption of certain aircraft from compliance with specified provisions of the Regulations. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the power to make regulations, and regulation 308 allows the Civil Aviation Safety Authority (CASA) to exempt an aircraft, or persons associated with the operation of an aircraft, from compliance with certain specified provisions of the Regulations. This exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Subregulation 92A(3) of the Regulations generally prohibits aircraft employed in regular public transport operations from landing or taking off at aerodromes that are not licensed aerodromes, unless the aircraft operator or the pilot in command is satisfied that the aerodrome meets the requirements set out in subregulation 92A(5). Sydney Helicopters Pty Ltd, which intends to commence a regular public transport operation using Bell 206 helicopters, has applied for an exemption from the compliance requirements of subregulation 92A(3) when taking off from, or landing at, the Parramatta Heliport. The Parramatta Heliport is not a licensed aerodrome and the exemption allows the operation to proceed without the need to comply with the aerodrome requirements set out in subregulation 92A(5).
The Regulations impose obligations on the parties or entities they govern. Aircraft operators, such as Sydney Helicopters Pty Ltd, must ensure that their aircraft comply with the Regulations, including the requirements for landing and taking off at aerodromes. In the case of aircraft employed in regular public transport operations, this includes complying with the requirements of subregulation 92A(5) if the aircraft is landing or taking off at an aerodrome that is not a licensed aerodrome. The exemption granted under regulation 308 of the Regulations relieves Sydney Helicopters Pty Ltd from the need to comply with these requirements in relation to the Parramatta Heliport, but only in relation to the operation of its Bell 206 helicopters. CASA is responsible for issuing exemptions under the Regulations and ensuring that the requirements of the Act and Regulations are complied with.
Failure to comply with the requirements of the Regulations may result in civil or criminal consequences. In the case of civil penalties, the maximum penalty for an offence under the Civil Aviation Act 1988 is generally a fine of up to $22,200 for an individual and up to $111,000 for a body corporate. In the case of criminal penalties, the maximum penalty for an offence under the Act is generally imprisonment for up to two years for an individual and a fine of up to $111,000 for a body corporate. However, the exemption granted under regulation 308 of the Regulations is not considered to have any implications for the interests of safety, and the Parramatta Heliport is already used by Bell 206 helicopters operated by Sydney Helicopters Pty Ltd in accordance with the Regulations. Therefore, the granting of the exemption is unlikely to result in any civil or criminal consequences.