CASA 58/17 - Repeal of authorisation, permission and exemption — helicopter winching operations (Esso Australia)

Overview

The Civil Aviation Safety Authority (CASA) has introduced the Civil Aviation Regulations 1988 and the Civil Aviation Safety Regulations 1998 to ensure the safety of air navigation, as per Subsection 98(1) of the Civil Aviation Act 1988. These regulations prohibit certain actions such as picking up persons or objects by aircraft and carrying individuals on attachments to aircraft, but allow for exceptions under specific conditions. CASA 2016 enabled Esso Australia Pty Ltd to conduct helicopter winching operations under certain conditions. However, as the operator has changed the aircraft used for these operations, CASA has issued a new non-legislative instrument, CASA EX70/17, to address the operator’s request. Consequently, CASA 2016 is being repealed, as it is no longer required. This repeal is conducted under the authority of Subsection 33(3) of the Acts Interpretation Act 1901, and the repealed instrument is a legislative instrument as per the Legislation Act 2003. The repeal instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms. The repeal of the authorisation, permission, and exemption for helicopter winching operations (Esso Australia) is a legislative instrument made by a delegate of CASA under the authority of subregulation 11.260(1) of the Civil Aviation Safety Regulations 1998. The instrument, which repeals CASA 20/16, was made in response to the operator’s request to change the aircraft used for the operations, and the issuance of a new non-legislative instrument, CASA EX70/17. The instrument is compatible with human rights, as it does not raise any human rights issues. The instrument is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislation Act 2003. The instrument will commence on the day after registration and will be repealed on the day after the day it commences, as per section 48A of the Legislation Act 2003.

Scope and Application

The Civil Aviation Safety Authority (CASA) has repealed a legislative instrument that previously allowed Esso Australia Pty Ltd to conduct certain helicopter winching operations, specifically for the winching of maintenance personnel and equipment to and from an offshore platform or vessel. This repeal was necessary due to a change in the aircraft used for these operations, which necessitated the issuance of a new non-legislative instrument, CASA EX70/17, to accommodate the operator's requirements. The repealed instrument, CASA 20/16, was subject to the Civil Aviation Regulations 1988 and the Civil Aviation Safety Regulations 1998, which generally prohibit the winching of persons or objects by an aircraft or carrying persons on anything attached to an aircraft, unless specific authorisations or permissions are granted by CASA. The repeal of CASA 20/16 is consistent with the authority under the Acts Interpretation Act 1901 to repeal or amend legislative instruments. This instrument is also a legislative instrument within the meaning of the Legislation Act 2003 and is subject to tabling and disallowance in the Parliament. The repeal does not engage any human rights as it does not raise any human rights issues. The Civil Aviation Regulations 1988 and the Civil Aviation Safety Regulations 1998 apply to all persons and entities involved in civil aviation activities within Australia, including helicopter winching operations. These regulations govern the safety standards and operational protocols for aircraft, including helicopters, to ensure the safety of air navigation. The scope of the Civil Aviation Act 1988, under which these regulations are made, extends across the Commonwealth of Australia. However, certain operations, such as helicopter winching, may require specific authorisations or permissions from CASA, which can be granted subject to safety conditions. The repealed instrument CASA 20/16 specifically addressed the exemption of Esso Australia Pty Ltd from certain dimensional and performance requirements of Civil Aviation Order 29.11 to facilitate winching operations under strict safety conditions. The repeal of CASA 20/16 is a result of a change in the aircraft used by the operator and does not affect the broader regulatory framework governing helicopter winching operations in Australia.

Key Provisions

The main operative sections of this legislative instrument concern the repeal of a previous instrument, CASA 20/16, which authorised specific helicopter winching operations for Esso Australia. This repeal occurs under the authority of subsection 33(3) of the Acts Interpretation Act 1901 (AIA). The instrument, CASA 58/17, is made under the power conferred by subregulation 11.260(1) of the Civil Aviation Safety Regulations 1998 (CASR) and comes into effect on the day after registration. The legislative instrument is also subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislation Act 2003 (LA). This repeal is due to the operator's change in aircraft, for which a new instrument, CASA EX70/17, has been issued. Under the Civil Aviation Act 1988 (the Act), the Civil Aviation Safety Authority (CASA) has the power to issue regulations and permissions for operations that ensure the safety of air navigation. The Civil Aviation Regulations 1988 (CAR) and Civil Aviation Safety Regulations 1998 (CASR) further detail the conditions and requirements for various aviation activities. CASA 20/16 had previously authorised Esso Australia's helicopter winching operations under these regulations, subject to specific conditions to ensure safety. The new instrument, CASA EX70/17, similarly authorises these operations under updated conditions appropriate to the new aircraft being used. The obligations imposed by the repealed instrument, CASA 20/16, required Esso Australia to comply with stringent safety conditions set by CASA. These conditions were designed to mitigate risks associated with helicopter winching operations, such as ensuring that maintenance personnel and equipment were securely transported. The new instrument, CASA EX70/17, imposes similar obligations, requiring the operator to adhere to updated conditions suitable for the new aircraft type. Both instruments emphasise the need for strict compliance with CASA’s safety directives to prevent any risk to air navigation. In terms of legal consequences, any breach of the conditions set forth in CASA 20/16 or CASA EX70/17 could result in serious penalties. Under the Civil Aviation Regulations 1988, failure to comply with the provisions governing helicopter operations can lead to criminal offences, with potential penalties including substantial fines and imprisonment. Specifically, subregulation 151(1) and paragraph 250(1)(c) of CAR outline offences related to unauthorised winching operations, with the maximum penalties varying based on the severity of the breach. The repealed and new instruments both serve to ensure that such penalties are enforceable, maintaining high safety standards for helicopter operations.