Explanatory Statement
Civil Aviation Safety Regulations 1988
Revocation of direction — parachute operations in the vicinity of Barwon Heads aerodrome
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.
Background/issues
In 2001, a number of reports were received by CASA that a parachute organisation at Barwon Heads aerodrome, Skydive City, did not hold an approval or permission from CASA to perform parachute descents through cloud at Barwon Heads. CASA, after having taken into consideration the safety of air navigation in relation to Barwon Heads, issued a direction that the pilot in command of an aircraft engaged in a parachute operation must not allow a person to exit the aircraft to conduct a parachute descent within 4.8 kilometres of Barwon Heads aerodrome. The parachute operator took legal action against CASA. The parties were ordered to undertake mediation. The parachute operator, the subject of the direction, is no longer operating having sold his interest to another entity. The new operator has asked that the direction be revoked. The Australian Parachute Federation Inc (APF) supports this revocation. CASA is satisfied that safety would not be compromised if the direction were to be revoked.
Legislative Instruments Act 2003 (LIA)
The revocation of the direction is a legislative instrument for section 5 of the LIA. 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 was carried out between the new operator, the APF and CASA. Agreed guidelines have been formulated for operations at Barwon Heads.
The revocation has been issued by a delegate of CASA appointed under regulation 7 of CAR 1988.
[Instrument number CASA 441/09]