Explanatory Statement
Civil Aviation Act 1988
Designation of non-controlled aerodromes
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.
Legislation — 1
Paragraph 99A (1) (b) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may designate airspace within defined horizontal and vertical limits as an area in which broadcast requirements apply. Paragraphs 99A (3) (a) and (b) provide that CASA may give directions specifying the broadcast requirements that apply to those designated areas, and the radio frequencies on which such broadcasts must be made. Subregulation 99A (4) provides that if CASA gives a direction it must publish details of it in the AIP.
Previous instruments — 1
Instrument number CASA 202/05, made under regulation 99A of CAR 1988, designated areas in which only radio-equipped aircraft may fly. It prescribed mandatory broadcast zones (MBZ) in which mandatory broadcasts requirements applied, stated what those requirements were and provided for the radio frequencies on which those broadcasts were to be made.
Instrument number CASA 203/05, made under regulation 99A of CAR 1988, designated other areas known as Common Traffic Advisory Frequency areas (CTAF) in which non-radio-equipped aircraft could fly. However, when flying in these areas, radio-equipped aircraft had to make certain broadcasts, on certain frequencies.
Legislation — 2
Under regulation 166 of CAR 1988, the pilot in command of an aircraft being operated on or in the vicinity of an aerodrome was required to observe certain procedures. Under paragraph 166 (1) (c), when approaching a non-controlled aerodrome, he or she was required to join the pattern of traffic in use for the landing direction.
Previous instruments — 2
Exemption instrument number CASA 14/1999 exempted the pilot on command of a high capacity RPT aircraft, or of a lower capacity passenger aircraft required to have 2 pilots, from paragraph 166 (1) (c), of CAR 1988 when making a straight-in visual approach to a non-controlled aerodrome that had a CTAF or MBZ frequency for its terminal airspace. There were conditions.
Exemption instrument number CASA 15/1999 exempted from paragraph 166 (1) (c) of CAR 1988 other pilots in command making similar approaches at an MBZ, subject to various conditions.
New legislation
The Civil Aviation Amendment Regulations 2005 (No. 3) (the Regulations) amend CAR 1988. The Regulations were made on 20 October 2005, were registered on 26 October 2005 and commence on 24 November 2005. They implement the Commonwealth Government’s policy for the safe management of airspace.
Under amended regulation 166 of CAR 1988, the pilot in command of an aircraft being operated in the vicinity of a non-controlled aerodrome has certain obligations to maintain a look-out and conform to certain traffic patterns and procedures. An aircraft is within the vicinity of a non-controlled aerodrome if it is within airspace other than controlled airspace, within 10 miles from the aerodrome and at a safe height to avoid conflict with aerodrome operations. For a straight-in approach, however, the aircraft must have a serviceable radio and the pilot must broadcast his or her intentions on the VHF frequency in use for the aerodrome.
Under new regulation 166A, CASA may designate a non-controlled aerodrome in the vicinity of which a serviceable aircraft VHF radio must be carried in aircraft (a designated non-controlled aerodrome). The pilot in command of an aircraft in the vicinity of a designated non-controlled aerodrome or intending to land at it, must broadcast on, and monitor, the VHF frequency in use for the aerodrome.
Designation instrument
The instrument, therefore, designates non-controlled aerodromes for this purpose. It also revokes instrument numbers CASA 14/1999, CASA 15/1999, CASA 202/05 and CASA 203/05 whose requirements are replaced by the new requirements in regulations 166 and 166A, and in the instrument.
Legislative Instruments Act 2003
The designations of non-controlled airspace under regulation 166A of CAR 1988 are not regarded as being of a legislative character. However, the part of the instrument that is a revocation of the exemption instruments CASA 14/1999 and CASA 15/1999 (which were disallowable instruments under CAR 1988) makes the whole instrument a legislative instrument under subsection 5 (4) and paragraph 6 (d) (i) of the Legislative Instruments Act 2003 (LIA). It is, therefore, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Specific consultation under section 17 of the LIA has not been considered necessary in this case because the Civil Aviation Amendment Regulations 2005 (No. 3), under which the instrument has been made, was the subject of extensive public consultation involving CASA prior to being made.
The instrument, which will be registered, commences on 24 November 2005.
The instrument has been made on behalf of CASA by the Group General Manager, Air Transport Operations Group, a delegate of CASA, under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 443/05]