CASA 293/14 - Permission and direction — helicopter operations by Northshore Holdings (NT) Pty Limited, trading as Remote Helicopters Australia

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2015L00024 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Regulations 1988

Permission and direction — helicopter operations by Northshore Holdings (NT) Pty Limited, trading as Remote Helicopters Australia

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.

 

Subregulation 250 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that the operator of an aircraft and the pilot in command must not permit a person to be carried on the wings or undercarriage of the aircraft. Subregulation 250 (2) provides that a person may, with the permission of CASA given in respect of flights of a particular kind, be carried on, or in a part of, an aircraft that is not designed for the accommodation of the crew or passengers. Subregulation 250 (3) provides that CASA may, when granting a permission, specify conditions subject to which a person may be carried.

 

Subregulation 251 (1) of CAR 1988 provides that seat belts must be worn by all crew members and passengers in various circumstances, including when the aircraft is flying at less than 1 000 feet above the terrain. However, under subregulation 251 (9), CASA may direct that a seat belt need not be worn in this particular circumstance.

 

Subregulation 207 (2) of CAR 1988 provides that an Australian aircraft must not be used in any class of operations unless it is fitted with, or carries, such equipment, including emergency equipment, as CASA approves or directs. Subregulation 207 (3) provides that the equipment must be fitted, carried or used in accordance with the directions (if any) of CASA.

 

In accordance with subregulations 207 (2) and (3) of CAR 1988, paragraph 3.1 of Civil Aviation Order (CAO) 20.16.3 provides, among other things, that each crew member and each passenger must occupy a seat of an approved type when the aircraft is flying at a height less than 1 000 feet above the terrain. Paragraph 4.1 of CAO 20.16.3 provides that seat belts must also be worn at certain times.

 

This instrument applies to helicopters operated by Northshore Holdings (NT) Pty Limited, trading as Remote Helicopters Australia (the operator). It allows a passenger in a helicopter to be carried on the undercarriage for the purpose of leaving or boarding the helicopter while it is in the hover. It also allows a passenger not to wear a seat belt, or occupy a seat, at a height less than 1 000 feet above the terrain, when the helicopter is in the hover for the purpose of permitting him or her to leave or board the helicopter.

 

The operator has a requirement from time to time, in operations of a specialist nature in remote areas, such the collection of crocodile eggs, to emplane and deplane passengers from helicopters that are in the hover. In locations where suitable landing areas are not available, emplaning and deplaning in this manner is a safer option for suitably trained and experienced operators and personnel than attempting to land.

 

As a condition of the permission, such an operation will have to be carried out in a manner approved by CASA and set out in the operator’s operations manual.

 

Legislative Instruments Act

Under regulation 5A of CAR 1988, if CASA has issued a CAO, and CASA later issues a direction, instruction, notification, permission, approval or authority that in any way affects the operation of the CAO, the later document is declared to be 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 affects the operation of paragraphs 3.1 and 4.1 of CAO 20.16.3 which requires that passengers must occupy seats of an approved type in certain circumstances. It is, therefore, a legislative instrument for the purposes of section 5 of the LIA. It is subject to tabling and disallowance in the Parliament under sections 38 and 42 of that Act.

 

Consultation

This instrument was requested by the operator. It was requested for the collection of crocodile eggs. The season for collection had already commenced at the time of the request and the operator asked that the exemption be granted as soon as possible. In view of the urgency and the fact that the conditions of instruments granted for this purpose are standard in nature (see instrument CASA 295/14 granted for the same purpose in the same time period), CASA decided that further consultation was not 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 CASA relying on the power of delegation under subregulation 11.260 (1) of the Civil Aviation Safety Regulations 1998.

 

The instrument commences on the day of registration. It expires at the end of November 2016, as if it had been repealed by another instrument.

 

[Instrument number CASA 293/14]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Permission and direction — helicopter operations by Northshore Holdings (NT) Pty Limited, trading as Remote Helicopters Australia

 

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 applies to helicopters operated by Northshore Holdings (NT) Pty Limited, trading as Remote Helicopters Australia (the operator). It allows a passenger in a helicopter to be carried on the undercarriage for the purpose of leaving or boarding the helicopter while it is in the hover. It also allows a passenger not to wear a seat belt, or occupy a seat, at a height less than 1 000 feet above the terrain, when the helicopter is in the hover for the purpose of permitting him or her to leave or board the helicopter.

 

The primary purpose of the legislative instrument is to allow the aircraft to be operated by the operator in specialist operations in a manner approved by CASA.

 

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

Overview

The Civil Aviation Regulations 1988, amended by the legislative instrument F2015L00024, address the specific operational needs of Northshore Holdings (NT) Pty Limited, trading as Remote Helicopters Australia, particularly in conducting specialist operations in remote areas, such as the collection of crocodile eggs. The instrument was enacted to allow passengers to be carried on the undercarriage of a helicopter while it is in the hover for the purpose of boarding or leaving the aircraft, and to permit passengers not to wear a seat belt or occupy a seat at a height less than 1,000 feet above the terrain in the same circumstances. This was necessitated by the lack of suitable landing areas in these remote locations, where such practices are considered safer by suitably trained and experienced operators. The instrument was made by a delegate of the Civil Aviation Safety Authority (CASA) under the authority delegated by the Civil Aviation Safety Regulations 1998, and it is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The policy objective is to ensure safety in these specialist operations while complying with international human rights standards, as evidenced by the Statement of Compatibility with Human Rights provided.

Scope and Application

This instrument pertains specifically to helicopter operations conducted by Northshore Holdings (NT) Pty Limited, trading as Remote Helicopters Australia. It grants exemptions from certain Civil Aviation Regulations 1988 requirements for the purpose of enabling passengers to board or disembark from helicopters that are in a hovering position, a necessity given the operator's need to undertake specialist operations in remote areas where suitable landing zones are unavailable. Under this instrument, passengers may be carried on the undercarriage of the helicopter during the hover and are not required to wear a seat belt or occupy a seat when the helicopter is at a height of less than 1,000 feet above the terrain during the hover. These operations must be performed in accordance with a manner approved by the Civil Aviation Safety Authority (CASA) and outlined in the operator's operations manual. The instrument applies nationally and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. It has been determined to be compatible with human rights as it does not raise any human rights issues. The instrument is effective as of the day of its registration and remains in force until the end of November 2016, at which point it expires as if repealed by another instrument. The permission and direction provided by this legislative instrument are subject to CASA oversight and are designed to ensure that safety standards are maintained while accommodating the unique operational needs of Remote Helicopters Australia in conducting its specialist remote operations.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) provide a comprehensive framework for the regulation of civil aviation in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act, with a focus on ensuring the safety of air navigation. Under subregulation 250(1) of CAR 1988, it is prohibited for an aircraft operator and the pilot in command to permit a person to be carried on the wings or undercarriage of an aircraft. However, subregulation 250(2) allows a person to be carried on, or in a part of, an aircraft that is not designed for crew or passenger accommodation, subject to the permission of the Civil Aviation Safety Authority (CASA). Subregulation 250(3) further provides that CASA may specify conditions under which such permission is granted. Additionally, subregulation 251(1) mandates that seat belts must be worn by all crew members and passengers, particularly when the aircraft is flying below 1,000 feet above the terrain. However, subregulation 251(9) allows CASA to direct that seat belts need not be worn under specific circumstances. Furthermore, subregulation 207(2) and (3) of CAR 1988 require that Australian aircraft must be equipped with approved emergency and operational equipment, in accordance with CASA's directions. The obligations imposed on the parties governed by this legislation are multifaceted. The operator of the aircraft, in this case, Northshore Holdings (NT) Pty Limited trading as Remote Helicopters Australia, must ensure compliance with the permissions granted by CASA. Specifically, any operation involving the carriage of passengers on the undercarriage or the exemption from wearing seat belts or occupying a seat at heights below 1,000 feet must be conducted in a manner approved by CASA and detailed in the operator’s operations manual. The operator is also required to ensure that all aircraft are equipped with the necessary approved equipment as directed by CASA. Failure to comply with these regulations can result in severe consequences. Breaches of the Civil Aviation Regulations 1988 can lead to both civil and criminal consequences. The specific penalties for non-compliance are not detailed in the explanatory statement; however, under the Civil Aviation Act 1988, general penalties for contravening regulations can include substantial fines. For instance, individuals and corporations found in breach of the regulations may face fines of up to $132,000 or more, depending on the severity and nature of the breach. Additionally, the operation of non-compliant aircraft can result in the suspension or revocation of permits and licenses, further compounding the legal and financial repercussions for the operator. These stringent measures underscore the importance of adhering to the regulatory framework to maintain the highest standards of aviation safety.

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Permission and direction

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.