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]
Overview
The Civil Aviation Safety Regulations 1988, enacted in 1988, were introduced to establish a comprehensive framework for the regulation of civil aviation in Australia, focusing on ensuring the safety and efficiency of air navigation. One of the mechanisms provided by these regulations is the ability for the Civil Aviation Safety Authority (CASA) to issue directions relating to the safety of air navigation, as outlined in subregulation 92(2). In 2001, CASA issued a specific direction prohibiting parachute descents within 4.8 kilometres of Barwon Heads aerodrome due to safety concerns associated with parachute operations at Skydive City, which did not hold the necessary approvals or permissions. After considering the safety implications and the cessation of operations by the original parachute operator, CASA has determined that revoking this direction would not compromise safety. This revocation is made under the authority of the Legislative Instruments Act 2003 and follows consultations with the new operator and the Australian Parachute Federation Inc, ensuring that agreed guidelines for operations at Barwon Heads are in place.
Scope and Application
The Civil Aviation Safety Regulations 1988, as amended by the revocation of a direction issued under subregulation 92(2), apply to all parachute operations in the vicinity of Barwon Heads aerodrome. This regulation pertains to the safety of air navigation around this specific aerodrome. The revocation of the direction, which originally restricted parachute descents within 4.8 kilometres of Barwon Heads aerodrome, applies to the new operator of Skydive City and any other entities engaged in similar activities at the aerodrome. The decision to revoke the direction was reached after careful consideration of safety concerns and consultations with the new parachute operator, the Australian Parachute Federation Inc, and the Civil Aviation Safety Authority (CASA). CASA is satisfied that revoking the direction will not compromise safety, provided the agreed guidelines are followed. This revocation, issued under the Legislative Instruments Act 2003, is subject to tabling and disallowance in the Parliament. The revocation was issued by a delegate of CASA appointed under regulation 7 of the Civil Aviation Regulations 1988.
Key Provisions
The Civil Aviation Safety Regulations 1988 (CAR 1988) contains several provisions that allow the Civil Aviation Safety Authority (CASA) to issue safety directions regarding aerodromes. Under subregulation 92(2) (paragraph 1), CASA is empowered to issue directions that pertain to the safety of air navigation in relation to an aerodrome. This includes the authority to prohibit certain activities if they pose a risk to safety. In 2001, CASA issued a direction prohibiting pilots from allowing parachute descents within 4.8 kilometres of Barwon Heads aerodrome due to safety concerns raised by multiple reports about parachute operations conducted by Skydive City at the aerodrome without the necessary approvals. The direction was aimed at ensuring the safety of air navigation in the area.
The revocation of this direction involves a complex set of obligations and requirements. Firstly, under section 5 of the Legislative Instruments Act 2003 (LIA), the revocation is considered a legislative instrument and must be tabled and is subject to disallowance in Parliament (sections 38 and 42 of the LIA). This ensures that the revocation process is transparent and subject to parliamentary scrutiny. Additionally, consultation as required by section 17 of the LIA was carried out between CASA, the new parachute operator, and the Australian Parachute Federation Inc (APF). This process involved agreeing on guidelines for operations at Barwon Heads, ensuring that all parties have a clear understanding of the safety measures and operational protocols.
The revocation of the direction also has significant implications in terms of legal obligations and potential consequences. CASA is satisfied that revoking the direction will not compromise safety, and therefore the revocation has been issued by a delegate of CASA appointed under regulation 7 of CAR 1988. It is crucial for all parties involved to adhere to the agreed guidelines to ensure that safety standards are maintained. Any failure to comply with these guidelines or the provisions of the CAR 1988 could result in various legal consequences. While the explanatory statement does not detail specific offences or penalties, it is known that breaches of the CAR 1988 can lead to substantial penalties, including fines and imprisonment, depending on the severity of the breach. These penalties underscore the importance of adhering to the regulations to maintain the safety of air navigation in the vicinity of aerodromes.