Explanatory Statement
Civil Aviation Regulations 1988
Permission — flying over a public gathering at the Australian International Air Show, Avalon
Permission — flying below minimum height at the Australian International Air Show, Avalon
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
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 Australian International Air Show 2011 (the Air Show) is to be held at Avalon, Victoria. For the display to take place, permissions are required under subregulation 156 (1) and paragraph 157 (4) (b) of CAR 1988.
The distances set out in paragraph 4.2 (2) of CAO 29.4 are also varied for the Air Show. The instrument not only gives permission for the slower aircraft types to operate closer to spectators but also increases the distance between spectators and the larger aircraft and high-speed aircraft. The variation in distances between spectators and aircraft taking part in the Air Show provides a better match of risk versus crowd separation. The variation from CAO 29.4 draws on best overseas practice from the United Kingdom and the United States of America.
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 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
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 commences on 24 February 2011 and stops having effect at the end of 6 March 2011.
The permission has been issued by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 57/11]
Overview
The Civil Aviation Regulations 1988 (CAR 1988), as amended, provide the regulatory framework for civil aviation in Australia, with the Civil Aviation Act 1988 being the primary legislative instrument. In response to the need for specific permissions for the Australian International Air Show held at Avalon, Victoria, in 2011, the Civil Aviation Safety Authority (CASA) issued a legislative instrument under the authority granted by the Civil Aviation Act 1988. This instrument, F2011L00296, aimed to address the unique requirements of the air show, ensuring the safe conduct of the event by permitting certain activities that would otherwise be prohibited, such as flying over public gatherings and below the minimum height over populated areas. The policy objective of the instrument was to allow for a tailored approach to air show regulations, drawing on international best practices to enhance safety while accommodating the specific dynamics of the event. The instrument was subject to parliamentary oversight as a disallowable instrument under the Legislative Instruments Act 2003 and was issued without formal consultation due to its minor and routine nature, similar to previous instruments for air shows.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) set out the requirements for the safe operation of aircraft in Australian airspace, and under Section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make these regulations. The regulation in question pertains specifically to the Australian International Air Show held at Avalon, Victoria, where special permissions are required for aircraft to fly over public gatherings and below the minimum height over populated areas. Pilots seeking to operate at the air show must obtain permission from the Civil Aviation Safety Authority (CASA) to fly over public gatherings, as mandated by subregulation 156(1) of CAR 1988, and to fly below the standard minimum height of 1,000 feet, as outlined in subregulation 157(1) of CAR 1988. Additionally, the distances between aircraft and spectators are varied in accordance with Civil Aviation Order 29.4 (CAO 29.4) to match risk with crowd separation, reflecting best practices from the United Kingdom and the United States. This legislative instrument, declared under the Legislative Instruments Act 2003, is subject to tabling and disallowance in Parliament but does not require consultation due to its minor and machinery nature. The permissions are in effect from 24 February 2011 until the conclusion of the air show on 6 March 2011.
Key Provisions
The primary provisions of the Civil Aviation Regulations 1988 (CAR 1988) outlined in this legislation relate to flying over public gatherings and the minimum height requirements during the Australian International Air Show at Avalon. According to subregulation 156(1) of CAR 1988, an aircraft must not fly over a public gathering unless it has received permission from the Civil Aviation Safety Authority (CASA). Similarly, subregulation 157(1) of CAR 1988 mandates that aircraft must not fly below 1,000 feet over cities, towns, or populous areas. However, paragraph 157(4)(b) allows CASA to grant permission for such operations under specific conditions.
The legislation imposes certain obligations and requirements on parties involved in the Australian International Air Show. Pilots and aircraft operators must adhere to the conditions set forth by CASA to ensure the safe conduct of the air show. This includes complying with the specified distances between aircraft and spectators as outlined in paragraph 4.2(2) of Civil Aviation Order 29.4 (CAO 29.4). These distances have been varied to match risk versus crowd separation, drawing on best practices from the United Kingdom and the United States of America.
Breaching the conditions outlined in the Civil Aviation Regulations 1988 (CAR 1988) or the Civil Aviation Orders (CAO) can result in civil or criminal consequences. The specific offences, penalties, or consequences are not detailed in the text; however, it is clear that non-compliance with CASA permissions and conditions can lead to legal ramifications. Furthermore, the instrument is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). This ensures that the instrument aligns with legislative requirements and can be reviewed by the Parliament if necessary. The instrument in question is not subject to consultation under section 17 of the LIA because it is considered minor and necessary for the safe conduct of the air show. The instrument is effective from 24 February 2011 until the end of 6 March 2011.