CASA 9/1996 - Exemption for emergency service helicopters using the Westmead Hospital (NSW) Helicopter Landing Zone

Overview

The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia. This Act aims to ensure safety and efficiency in the operation of aircraft within Australian airspace, empowering the Governor-General to make regulations under Section 98. Specifically, regulation 308 of the Civil Aviation Regulations allows the Civil Aviation Safety Authority (CASA) to exempt certain aircraft or persons from compliance with specified provisions of the Regulations, subject to disallowance under the Acts Interpretation Act 1901. In this context, CASA has exempted emergency service helicopters operating to and from the Westmead Hospital (NSW) Helicopter Landing Zone from certain height restrictions, allowing them to use specific instrument approach procedures without the need for publication in the Aeronautical Information Publication (AIP). This exemption is conditional on adherence to the procedures outlined and took effect upon gazettal.

Scope and Application

The Civil Aviation Regulations, under the authority of the Civil Aviation Act 1988, provide a framework for the regulation of aviation activities in Australia, including the operation of aircraft and the safety of flight. Regulation 308 of the Civil Aviation Regulations allows the Civil Aviation Safety Authority (CASA) to exempt certain aircraft and associated persons from specific regulatory requirements. This exemption applies to helicopters operated by specified entities, including Careflight Ltd, Child Flight Inc., Hunter Region SLSA Helicopter Rescue Service Ltd, and Sydney SLSA Helicopter Rescue Service Pty Ltd, in relation to the operation of emergency service helicopters that fly to and from the Westmead Hospital (NSW) Helicopter Landing Zone. The exemption allows these helicopters to operate without compliance to certain height restrictions under subregulations 178(3) and (4) of the Regulations, provided they adhere to the instrument approach procedures outlined in the exemption. This exemption is effective as of its gazette and serves to ensure the safe and efficient operation of these emergency service helicopters while avoiding the need to publish specific procedures in the Aeronautical Information Publication (AIP). The exemption is a disallowable instrument under the Acts Interpretation Act 1901, subject to the scrutiny of the parliament.

Key Provisions

The Civil Aviation Act 1988, through section 98, grants the Governor-General the authority to create regulations pertaining to civil aviation. Specifically, regulation 308 of the Civil Aviation Regulations (the Regulations) empowers the Civil Aviation Safety Authority (CASA) to exempt an aircraft or persons associated with an aircraft's operation from specific provisions of the Regulations. This exemption is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901. Regulation 178 of the Regulations further allows CASA to determine the lowest safe altitude for flight and, in certain cases, to establish the method for calculating this altitude. Subregulations 178(3) and (4) of the Regulations mandate that aircraft must not be flown below the lowest height set under or in accordance with the height determined under subregulation 178(1). A determination under subregulation 178(1) must be published in the Aeronautical Information Publication (AIP) or Notice to Air Missions (NOTAMS). The exemption provided under regulation 308 applies to emergency service helicopters operating to and from the Westmead Hospital (NSW) Helicopter Landing Zone. These helicopters use non-directional radio beacon (NDB) and distance measuring equipment (DME) instrument approach procedures or global positioning system (GPS) instrument approach procedures as outlined in the exemption. CASA has determined that these procedures are of limited interest to the broader aviation industry and are currently applicable only to helicopters using the Westmead Hospital (NSW) Helicopter Landing Zone. Consequently, CASA has decided that the procedures need not be published in the AIP. To avoid the publication requirement, CASA has exempted helicopters operated by Careflight Ltd, Child Flight Inc., Hunter Region SLSA Helicopter Rescue Service Ltd, and Sydney SLSA Helicopter Rescue Service Pty Ltd from compliance with the requirements of subregulations 178(3) and (4) of the Regulations, provided these helicopters are operated in accordance with the procedures specified in the exemption. Entities subject to this exemption, namely Careflight Ltd, Child Flight Inc., Hunter Region SLSA Helicopter Rescue Service Ltd, and Sydney SLSA Helicopter Rescue Service Pty Ltd, must ensure their helicopters comply with the specified instrument approach procedures to benefit from the exemption. This includes adhering to the conditions set out in the exemption document, which outlines the permitted procedures for flying to and from the Westmead Hospital (NSW) Helicopter Landing Zone. Failure to comply with these procedures or to adhere to the conditions of the exemption could result in the loss of the exemption, potentially necessitating compliance with the general regulations, including the publication of the procedures in the AIP or NOTAMS. There are no specific offences, penalties, or consequences mentioned in the text for non-compliance with the exemption itself. However, any deviation from the specified procedures or the conditions of the exemption could lead to regulatory action under the Civil Aviation Act 1988 and the Civil Aviation Regulations. Such action might include CASA imposing fines, requiring corrective action, or taking further enforcement measures against the operators, depending on the nature and severity of the breach.