CASA 85/09 – Permission – flying over a public gathering at the Australian International Air Show, Avalon

Overview

The Civil Aviation Regulations 1988, enacted by the Parliament of Australia, aim to ensure the safe and orderly conduct of aviation activities within Australia. These regulations are designed to address various aspects of civil aviation, including restrictions on flying over public gatherings, as well as the necessary permissions and conditions required for such activities. One specific instance of these regulations in action is seen in the context of the Australian International Air Show 2009 held at Avalon, Victoria. To accommodate the unique requirements of the air show, an instrument was issued under section 98 of the Civil Aviation Act 1988, allowing for variations in the distances between aircraft and spectators, as well as permitting flights at heights lower than the standard 1,500 feet minimum. This instrument was created to provide a better balance of risk and crowd safety, drawing on best practices from the United Kingdom and the United States of America, and is subject to disallowance in the Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) establish the framework for aviation safety and operations in Australia, with the Civil Aviation Act 1988 providing the legislative basis for these regulations. Specifically, Section 98 of the Act empowers the Governor-General to create regulations, and under subregulation 156(1) of CAR 1988, it is stipulated that an aircraft must not fly over a public gathering without the explicit permission of the Civil Aviation Safety Authority (CASA). This permission can be subject to specific conditions aimed at ensuring safety and mitigating risk. For the Australian International Air Show 2009 held at Avalon, Victoria, the distances between aircraft and spectators, as outlined in Civil Aviation Order 29.4 (CAO 29.4), were varied to better match risk versus crowd separation, drawing from international best practices. This legislative instrument, which also permits flights at heights below the usual 1500 feet minimum specified in CAO 29.4, applies to the specific circumstances of the Air Show and is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. It is not subject to public consultation due to its minor and machinery nature, designed solely to ensure the safe conduct of the event. The instrument was issued by a delegate of CASA under subregulation 7(1) of CAR 1988 and took effect from 5 March 2009 until the end of 15 March 2009.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) under Section 98 of the Civil Aviation Act 1988 provide the framework for air operations in Australia, stipulating that an aircraft cannot fly over a public gathering without the permission of the Civil Aviation Safety Authority (CASA). This permission can be granted with conditions, which is the case for the Australian International Air Show 2009 held at Avalon, Victoria. Subregulation 156(1) of CAR 1988 mandates that any flight over a public gathering must be approved by CASA, and this permission is subject to conditions set by the authority to ensure safety. Paragraph 4.2(2) of Civil Aviation Order 29.4 (CAO 29.4) further stipulates specific distances to be maintained between aircraft and spectators at air shows. However, for the 2009 Air Show, the distances set out in CAO 29.4 have been varied to allow for closer operations by slower aircraft types to spectators, while increasing the separation distance for larger and high-speed aircraft. This variation aims to better match the risk levels with crowd separation and is based on best practices from the United Kingdom and the United States of America. The obligations imposed by this regulation on the parties involved, particularly the air show organisers and participants, include strict adherence to the conditions specified in the permission granted by CASA. The organisers must ensure that all flights comply with the specified distances and any other conditions set forth by CASA to maintain safety standards. Pilots and operators must also follow these conditions, which may include specific flight paths, altitudes, and timings to avoid endangering the public. The regulation necessitates that all participants in the Air Show obtain the necessary permissions and adhere to the stipulated conditions to legally conduct their flights over the public gathering. Breaching the conditions of the permission granted by CASA can lead to severe consequences. Under the Civil Aviation Act 1988, any non-compliance with the conditions set by CASA can result in both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can result in imprisonment. The exact penalties depend on the severity of the breach and the potential risk posed to public safety. It is imperative for all parties involved to meticulously follow the conditions to avoid legal repercussions. The instrument, being a legislative instrument under the Legislative Instruments Act 2003 (LIA), is subject to tabling and disallowance in the Parliament, as outlined in sections 38 and 42 of the LIA. Despite this, the instrument was not subject to consultation under section 17 of the LIA due to its minor and machinery nature required for the safe conduct of the Air Show.