Explanatory Statement
Civil Aviation Regulations 1988
Direction — all pilots operating at GAAP aerodromes
Legislation
Subregulation 92 (2) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may, in relation to an aerodrome, issue directions relating to the safety of air navigation.
Subregulation 99AA (5) of CAR 1988 provides that CASA may give directions or instructions about the use of a class of airspace, a controlled aerodrome, a controlled area or a controlled zone to either, or both, of the following:
(a) aircraft engaged in I.F.R. flights;
(b) aircraft engaged in V.F.R flights.
Under subregulation 6 of CAR 99AA, a direction, instruction or particulars of a service must be given by means of a Civil Aviation Order (CAO) or published in AIP or NOTAMS.
Background
CASA recently undertook 2 reviews of General Aviation Aerodrome Procedures (GAAP) aerodromes. Taking into consideration the review findings and in the interests of aviation safety, the direction has been issued to all pilots operating at, into, and out of, GAAP aerodromes.
Instrument of direction
All pilots operating at, into, and out of, any of the aerodromes at Archerfield, Bankstown, Camden, Jandakot, Moorabbin and Parafield must request and obtain an Air Traffic Control (ATC) clearance before entering, crossing or taxiing along any runway at any of the GAAP aerodromes identified in the direction while ATC services are in operation at that aerodrome.
Legislative Instruments Act 2003 (LIA)
Under subregulation 6A of CAR 99AA, a direction that is not published in a CAO is a disallowable instrument. Under subparagraph 6 (d) (i) of 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 direction is, therefore, a legislative instrument, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Regulation Impact Statement
The Office of Best Practice Regulation does not require a Regulation Impact Statement because a preliminary assessment of the Business Compliance Costs indicates that the amendment will have only a low impact on business.
Consultation
Consultation under section 17 of the LIA has not been carried out because the instrument is required as a matter of urgency in the interest of aviation safety. However, during the review, GAAP stakeholders were consulted and notice of the intention to give the direction has been given.
The direction has been made by the Director of Aviation Safety in accordance with subregulations 92 (2) and 99AA (5) of CAR 1988.
[Instrument number CASA 330/09]