Explanatory Statement
Civil Aviation Regulations 1988
Repeal of authorisation and permission — helicopter winching operations
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Under subregulation 151 (1) of the Civil Aviation Regulations 1988 (CAR), it is an offence for the pilot in command of an aircraft to allow persons or objects to be picked up by the aircraft. However, under subregulation 151 (3), it is a defence if CASA gives prior written authority and conditions mentioned in the authority are complied with.
Under paragraphs 250 (1) (c) and 250 (1A) (c) of CAR, it is an offence for the operator or the pilot in command to permit a person to be carried on anything attached to the aircraft. However, under subregulation 250 (2), CASA may give permission for a person to be carried in this way, subject to compliance with conditions specified under subregulation 250 (3).
These provisions have the effect of preventing helicopter winching operations. However, by means of Civil Aviation Order 29.11 (CAO 29.11), CASA has given authority and permission under subregulations 151 (3) and 250 (2) of CAR, therefore, allowing helicopters to conduct winching operations, subject to various conditions mentioned in CAO 29.11.
Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Background
From time to time, helicopters malfunction or require maintenance while servicing sites with helidecks. Helicopter winching to land and take off maintenance personnel and spares may be required. Most helidecks would not comply with the dimensional requirements for an operating area in paragraph 5.1 of CAO 29.11. Also, the operation may not comply with the helicopter performance requirements of paragraph 7.1 of CAO 29.11.
By instrument CASA 33/16, CASA granted Bond Helicopters Australia Pty Ltd (the operator) an authority and permission under subregulations 151 (3) and 250 (2) of CAR to enable its helicopter pilots to winch maintenance personnel and spares to and from sites without compliance with paragraphs 5.1 and 7.1 of CAO 29.11, but subject to a series of safety conditions.
Instrument
This instrument repeals instrument CASA 33/16.
The operator has changed its name to Babcock Offshore Services Australasia Pty Ltd and has requested that the authorisations in CASA 33/16 be extended to an additional type of helicopter. A new non-legislative instrument, CASA EX61/17, has being issued to the operator for those purposes.
Consequently, CASA 33/16 is no longer required and is being repealed by this instrument.
Legislation Act 2003 (the LA)
Under subsection 8 (5) and paragraph 10 (1) (c) of the LA, an instrument is a legislative instrument if it includes a provision that repeals another legislative instrument. This instrument repeals CASA 33/16, which is a legislative instrument.
Therefore, this instrument is also a legislative instrument within the meaning of the LA, and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
The operator has requested a change to the authorisation in CASA 33/16. CASA has issued a new instrument in accordance with the operator’s request and CASA 33/16 is no longer required. In these circumstances, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LA.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required for this type of instrument (OBPR id: 14507).
Statement of Compatibility with Human Rights
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 the day after registration. Under section 48A of the LA, it is repealed on the day after registration.
[Instrument number CASA 48/17]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Repeal of authorisation and permission — helicopter winching operations
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 repeals instrument CASA 33/16, which enabled the conduct of certain helicopter winching operations conducted by Bond Helicopters Australia Pty Ltd (now known as Babcock Offshore Services Australasia Pty Ltd). The instrument allowed maintenance personnel and equipment to be winched by helicopter on or off an offshore platform or vessel, subject to conditions imposed by CASA in the interests of air safety.
The operator has changed its name and has requested that the authorisations in CASA 33/16 be extended to an additional type of helicopter. A new non-legislative instrument, CASA EX61/17, has being issued to the operator for those purposes.
Consequently, CASA 33/16 is no longer required and is being repealed.
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