Explanatory Statement
Civil Aviation Regulations 1988
Permission — flying over a public gathering at the 2014 Tyabb Air Show, Victoria
Permission — flying below minimum height at the 2014 Tyabb Air Show, Tyabb, Victoria
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
edication
Under subregulation 156 (1) of the Civil Aviation Regulations 1988 (CAR 1988), an aircraft must not, among other things, fly over a public gathering except with the permission of CASA. A permission may be given subject to conditions.
Under subregulation 157 (1) of CAR 1988, a pilot must not fly an aircraft over a city, town or populous area at a height lower than 1 000 feet. Under paragraph 157 (4) (b), CASA may give permission for the pilot to do so.
Paragraph 4.2 (2) of Civil Aviation Order 29.4 (CAO 29.4), made under regulation 156 of CAR 1988, sets out the distances that are to be maintained between aircraft and spectators at air shows.
The Tyabb Air Show 2014 (the Air Show) is to be held at Tyabb, Victoria. For the display to take place, permissions are required under subregulation 156 (1) and paragraph 157 (4) (b) of CAR 1988.
The instrument contains the required permissions. The distances set out in paragraph 4.2 (2) of CAO 29.4 are also varied for a car and aeroplane race at the Air Show. For aeroplanes in flight below 1 500 feet above ground level, that paragraph sets a minimum distance of 500 metres for tracking or manoeuvring towards spectators. It also sets a minimum horizontal distance of 200 metres for aircraft when passing spectators.
The permission permits the aircraft to fly at less than 200 metres horizontal distance from spectators in the course of the race
The permission is subject to conditions. The organisers of the Air Show and the pilot of the aircraft must ensure that the race is conducted in accordance with the details approved by CASA and set out in the Air Show program. Operation of the aircraft within 200 metres of spectators must be to the minimum extent necessary for the conduct of the race. The Air Show must comply with all the conditions of CAO 29.4 other than paragraph 4.2 (2).
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (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. Under regulation 5A of CAR 1988, if CASA has issued a Civil Aviation Order (the CAO), and CASA later issues a direction or permission that affects the operation of the CAO, the later document is declared to be a disallowable instrument. The instrument affects the operation of paragraph 4.2 (2) of CAO 29.4.
The permission is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
The permissions have been requested by the organiser of the Air Show. Further consultation under section 17 of the LIA has not been undertaken because the instrument is of a minor and machinery nature required to ensure the safe conduct of the Air Show. Similar instruments have been issued previously for air shows. The instrument will only be in force for a period of 2 days.
Compatibility with human rights and freedoms
A statement of compatibility with human rights is at Attachment 1.
Making and commencement
The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of the Civil Aviation Safety Regulations 1998.
The instrument commences on 8 March 2014 and expires at the end of 9 March 2014, as if it had been repealed by another instrument.
[Instrument number CASA 47/14]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Permission — flying over a public gathering at the 2014 Tyabb Air Show,
Tyabb, Victoria
Permission — flying below minimum height at the 2014 Tyabb Air Show,
Tyabb, Victoria
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
The legislative instrument permits an aircraft, for the purpose of participating in an air show between 8 March 2014 and 9 March 2014, to fly over a public gathering, and reduces a minimum distance that would otherwise have to be maintained between the aircraft and spectators.
The permission is subject to conditions imposed by CASA in the interest of safety of air navigation.
The primary purpose of the legislative instrument is to allow the conduct of the 2014 Tyabb Air Show (the Air Show) and ensure the safe operation of an aircraft in the context of the Air Show.
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