Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Safety Regulations 1998
Approval and direction — meteorological observations and reports (Australian Antarctic Division employees at Casey station)
Purpose
This instrument approves officers of the Australian Antarctic Division of the Australian Government Department of the Environment and Energy (AAD) to make meteorological observations and provide meteorological reports to the operator or pilot in command of an aircraft conducting a take-off or landing at Wilkins aerodrome and Casey station in the Australian Antarctic Territory.
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.
Regulation 120 of the Civil Aviation Regulations 1988 (CAR) prohibits the operator or pilot in command of an aircraft to use a weather report of meteorological conditions in the operation of a flight unless the report was made by the Bureau of Meteorology or a person approved for the purpose by CASA.
Regulation 11.055 of the Civil Aviation Safety Regulations 1998 (CASR) sets out criteria that apply to CASA when granting an authorisation. Regulation 11.056 provides that an authorisation can be granted subject to any condition that CASA is satisfied is necessary in the interests of the safety of air navigation. Under regulation 11.077, a person commits an offence of strict liability if the person breaches a condition of an authorisation.
Under paragraph 11.245 (1) (a) of CASR, CASA may, by instrument, issue a direction about any matter affecting the safe navigation and operation of aircraft. Subregulation 11.245 (2) of CASR provides that CASA may issue such a direction if CASA is satisfied that it is necessary to do so in the interests of the safety of air navigation, if the direction is not inconsistent with the Act, and for the purposes of CASA’s functions.
Under paragraph 11.250 (a) of CASR, a direction under regulation 11.245 ceases to be in force on the day specified in the direction. Regulation 11.255 prescribes an offence for the contravention of a direction under regulation 11.245.
Subregulation 98 (5D) of the Act provides that a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.
Background
AAD operates Wilkins aerodrome and a heliport at Casey station in the Australian Antarctic Territory. To ensure the safe operation of aircraft at those locations, AAD officers are required to be approved to carry out weather observations and provide weather reports.
Instrument
The instrument provides an approval under regulation 120 of CAR for meteorological observations and reports to be performed by AAD officers who have been issued a document by the Bureau of Meteorology evidencing that the person meets the Bureau’s Class A or Class B requirements for conducting aerodrome meteorological observations. The instrument does not approve the AAD officers to make meteorological forecasts.
The approval is subject to conditions imposed in the interests of safety under regulation 11.056 of CASR. The officers are required to meet the ongoing competence standards in the Bureau of Meteorology document MA.9a or any document that replaces MA.9a. In accordance with subregulation 98 (5D) of the Act, document MA.9a is incorporated as it exists from time to time. Document MA.9a is freely available from the Bureau of Meteorology website at the following webpage:
www.bom.gov.au/met-authority/data/MA.9a_Aerodrome_Weather_Observers.pdf.
The AAD officers are also required to provide meteorological reports in a manner that meets the requirements of paragraph 14.2.4.1 of the Manual of Standards (MOS) — Part 139 Aerodromes, as in force from time to time, as if the officers were part of a certified air/ground radio service (CA/GRS) providing the report by way of an Automatic Aerodrome Information Service.
For regulation 11.245 of CASR, the instrument also directs AAD to ensure that an AAD officer does not provide a meteorological report in accordance with the approval unless AAD is reasonably satisfied that the officer is competent to do so.
Legislation Act 2003 (the LA)
Subsection 8 (4) of the LA provides that certain instruments that determine the law or alter the content of the law are legislative instruments. The instrument applies to the class of AAD officers who are covered by the approval and imposes conditions on the officers. The instrument is being registered and is a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
The instrument has been requested by AAD and the general terms of the instrument have been discussed with AAD. In these circumstances CASA is satisfied that no further consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.
Office of Best Practice Regulation
A Regulation Impact Statement (RIS) is not required in this case, as the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required for approvals and directions (OBPR id: 14507).
Statement of Compatibility with Human Rights
The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms, and is compatible with human rights, as it does not raise any human rights issues.
Making and commencement
The direction has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR.
The instrument commences on the day of registration and is repealed at the end of 31 March 2022.
[Instrument number CASA 35/17]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Approval and direction — meteorological observations and reports (Australian Antarctic Division employees at Casey station)
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 approves officers of the Australian Antarctic Division of the Australian Government Department of the Environment and Energy (AAD) to make meteorological observations and provide meteorological reports to the operator or pilot in command of an aircraft conducting a take-off or landing at Wilkins aerodrome and Casey station in the Australian Antarctic Territory.
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