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]
Overview
The Civil Aviation Regulations 1988, as amended, provide the regulatory framework governing aviation operations in Australia, with the Civil Aviation Safety Authority (CASA) being the central body responsible for enforcement and oversight. A specific legislative instrument, F2009L02636, was enacted to address the particular requirements and safety considerations pertinent to the Wide Bay Australia International Air Show held in Bundaberg, Queensland, in 2009. This instrument was introduced to provide tailored permissions for flying over public gatherings at the air show, deviating from standard regulations to accommodate the unique demands of the event while ensuring public safety. The instrument was issued under the authority of the Civil Aviation Act 1988 and was subject to the provisions of the Legislative Instruments Act 2003, ensuring that it was appropriately scrutinised and authorised. The policy objective was to balance the operational needs of the air show with stringent safety standards, drawing on international best practices to optimise crowd management and safety during the event.
Scope and Application
The instrument in question pertains to the Civil Aviation Regulations 1988, specifically addressing the requirements for flying over a public gathering at the Wide Bay Australia International Air Show in Bundaberg, Queensland. The Civil Aviation Regulations 1988, under subregulation 156(1), generally prohibit aircraft from flying over public gatherings without the permission of the Civil Aviation Safety Authority (CASA). The authority to issue such permissions is derived from section 98 of the Civil Aviation Act 1988. This regulation applies to all aircraft operators intending to fly over the specified public gathering during the Air Show, which is scheduled from 2 to 5 July 2009. The permission granted under this instrument allows for variations to the distances between aircraft and spectators as outlined in Civil Aviation Order 29.4, ensuring a balance between the spectacle of the air show and spectator safety. Larger and high-speed aircraft must adhere to the distances specified in CAO 29.4, while lighter aircraft and helicopters are permitted to operate at closer distances, reflecting best practices from the United Kingdom and the United States. This instrument is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in Parliament, although consultation was deemed unnecessary due to its minor and machinery nature. The instrument will be in effect from 2 July 2009 until the conclusion of the Air Show on 5 July 2009.
Key Provisions
The key provisions of this legislation, under the Civil Aviation Regulations 1988 (CAR 1988) as amended by this instrument, pertain to the operation of aircraft at the Wide Bay Australia International Air Show in Bundaberg, Queensland from 2 to 5 July 2009. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to enact regulations (s 98), which is exercised here to permit aircraft to fly over the public gathering at the Air Show. Subregulation 156(1) of CAR 1988 generally prohibits flying over a public gathering without permission from the Civil Aviation Safety Authority (CASA), and this instrument grants such permission for the specified dates of the Air Show (subreg 156(1)). Additionally, the instrument modifies the distances that must be maintained between aircraft and spectators as outlined in paragraph 4.2(2) of Civil Aviation Order 29.4 (CAO 29.4) to allow for closer proximity of certain aircraft to spectators, while still maintaining the required distances for larger and high-speed aircraft.
The obligations imposed by this Act include ensuring that all flights over the public during the Air Show adhere to the conditions set out in the instrument. This includes observing the specified distances between aircraft and spectators, which are tailored to match the risk levels associated with different types of aircraft. For example, while certain light aircraft and helicopters are permitted to fly closer to spectators, the distances for larger and high-speed aircraft remain unchanged as per CAO 29.4. The organiser of the Air Show must ensure that all participating pilots and air traffic controllers are aware of and comply with these conditions to ensure safety.
Failure to comply with the conditions set out in this instrument could result in civil or criminal consequences. Under the Civil Aviation Act 1988, any person who contravenes the conditions of the permission may be subject to enforcement actions by CASA, including fines and other sanctions. The maximum penalties for breaches of aviation regulations can be significant, and may include fines of up to $165,200 for individuals and $826,000 for bodies corporate, as well as potential criminal charges that could lead to imprisonment. The Legislative Instruments Act 2003 also provides that the instrument is subject to tabling and disallowance in Parliament, which adds another layer of accountability and oversight to the permissions granted by this legislation.