Explanatory Statement
Civil Aviation Regulations 1988
Permission — flying over a public gathering at the Wide Bay Australia International Air Show, Bundaberg
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Under subregulation 156 (1) of the Civil Aviation Regulations 1988 (CAR 1988), an aircraft must not, among other things, fly over a public gathering except with the permission of CASA. A permission may be made subject to conditions.
Paragraph 4.2 (2) of Civil Aviation Order 29.4 (CAO 29.4), made under regulation 156 of CAR 1988, sets out the distances that are to be maintained between aircraft and spectators at air shows.
The Wide Bay Australia International Air Show 2009 (the Air Show) is to be held at Bundaberg, Queensland. The organiser has asked that the distances set out in CAO 29.4 be varied for the Air Show. The instrument also permits flights at a height less than the 1 500 feet minimum specified in CAO 29.4. The attached instrument gives permission for the slower aircraft types to operate closer to spectators, however, the distance between spectators and the larger and high-speed aircraft will remain as outlined in CAO 29.4. The variation in distances between spectators and aircraft taking part in the Air Show provides a better match of risk versus crowd separation. The variation from CAO 29.4 for light aircraft and helicopters draws on best overseas practice from the United Kingdom and the United States of America.
The instrument also gives permission to engage in flights in connection with the Air Show, from 2 to 5 July 2009, inclusive.
Legislative Instruments Act
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 permission is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken because the instrument is of a minor and machinery nature required to ensure the safe conduct of the Air Show.
Similar instruments have been issued previously for air shows.
The instrument commences on 2 July 2009 and stops having effect at the end of 5 July 2009.
The permission has been issued by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 298/09]