CASA 48/17 - Repeal of authorisation and permission — helicopter winching operations

Overview

The Civil Aviation Regulations 1988, as amended, regulate helicopter winching operations in Australia under the authority of the Civil Aviation Act 1988. These regulations were introduced to address safety concerns related to air navigation and the carrying of persons or objects by aircraft. The Civil Aviation Safety Authority (CASA), established under the Civil Aviation Act, has the power to issue regulations and permissions for these operations, subject to compliance with specified conditions. The Civil Aviation Regulations 1988 originally prohibited such operations but allowed for exceptions under CASA's authority. In 2016, CASA issued instrument CASA 33/16 to Bond Helicopters Australia Pty Ltd (now Babcock Offshore Services Australasia Pty Ltd) to permit specific winching operations with certain safety conditions. Given changes in the operator's circumstances, CASA has issued a new instrument, CASA EX61/17, rendering CASA 33/16 obsolete. Consequently, CASA 33/16 is repealed by this new legislative instrument, which is subject to tabling and disallowance under the Legislation Act 2003. The repeal does not necessitate further consultation or a Regulation Impact Statement, as it is covered by a standing agreement between CASA and the Office of Best Practice Regulation. The instrument is also compatible with human rights as it does not engage any applicable rights or freedoms.

Scope and Application

The Civil Aviation Regulations 1988, as amended by instrument CASA 48/17, concern the repeal of authorisation and permission for helicopter winching operations. This legislation applies to the operator, in this instance Babcock Offshore Services Australasia Pty Ltd, previously known as Bond Helicopters Australia Pty Ltd, and its pilots who are involved in winching operations using helicopters. The geographic scope of this regulation is national, as it pertains to the safety of air navigation within Australia. The repeal of instrument CASA 33/16, which previously allowed specific winching operations under certain conditions, is a legislative action taken under the authority granted by the Civil Aviation Act 1988 and the Acts Interpretation Act 1901. The instrument also extends to the issuance of a new non-legislative instrument, CASA EX61/17, to accommodate the operator's request for extending authorisations to an additional type of helicopter. There are no stated exclusions, exemptions, or thresholds in this particular repeal; however, the operations remain subject to the conditions specified by the Civil Aviation Safety Authority (CASA) to ensure air safety. Further, the instrument complies with human rights as it does not raise any human rights issues, as evidenced by the Statement of Compatibility with Human Rights. The instrument was made by a delegate of CASA under the authority of the Civil Aviation Safety Regulations 1998 and comes into effect on the day after registration, with its repeal also scheduled for the day after registration.

Key Provisions

The Civil Aviation Regulations 1988 (CAR) contain several key provisions that govern the safety of air navigation in Australia. Under subregulation 151(1) of the 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, subregulation 151(3) provides a defence if the Civil Aviation Safety Authority (CASA) grants prior written authority and the conditions mentioned in the authority are complied with. Similarly, under paragraphs 250(1)(c) and 250(1A)(c) of the 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, subregulation 250(2) allows CASA to give permission for a person to be carried in this way, subject to compliance with conditions specified under subregulation 250(3). These provisions effectively prevent helicopter winching operations, but Civil Aviation Order 29.11 (CAO 29.11) allows for such operations under certain conditions. CASA has previously granted Bond Helicopters Australia Pty Ltd (now known as Babcock Offshore Services Australasia Pty Ltd) authority and permission under subregulations 151(3) and 250(2) of the CAR, enabling its helicopter pilots to winch maintenance personnel and spares to and from sites, subject to a series of safety conditions. This was done through instrument CASA 33/16. The obligations and requirements imposed by the Act and the CAR on the parties it governs include strict adherence to the conditions set by CASA for helicopter winching operations. Any deviation from these conditions can result in serious consequences. The Act and the CAR mandate that any helicopter winching operations must be conducted in a manner that ensures the safety of air navigation, and any authorisations or permissions granted by CASA must be strictly followed. Failure to comply with the provisions of the Act and the CAR can result in civil or criminal consequences. Under the CAR, the pilot in command of an aircraft who allows persons or objects to be picked up by the aircraft without the necessary authority from CASA can face penalties. Similarly, operators or pilots who permit a person to be carried on anything attached to the aircraft without the required permission can also face penalties. The maximum penalties for these offences are not specified in the explanatory statement but can be found in the relevant sections of the CAR. Additionally, CASA has the authority to revoke any authorisations or permissions granted if the conditions are not met, which can further lead to legal repercussions for the operators. In summary, the Civil Aviation Regulations 1988 and related instruments provide a framework for ensuring the safety of air navigation, including specific provisions that allow for helicopter winching operations under certain conditions. The obligations on the parties involved are clear and strict, and any breaches can result in significant legal consequences. The repeal of instrument CASA 33/16 and the issuance of a new instrument, CASA EX61/17, reflect changes in the operational requirements and ensure that safety remains the paramount concern in all helicopter winching operations.