Explanatory Statement
Civil Aviation Regulations 1988
Permission — flying over a public gathering at Australian International Air Show 2007
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Under regulation 156 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 made subject to conditions.
Paragraph 4.2 (2) of Civil Aviation Order 29.4 (CAO 29.4) sets out the distances that are to be maintained between aircraft and spectators at air shows.
The Australian International Air Show 2007 (the Air Show) is to be held at Avalon, Victoria from 9 March 2007 to 25 March 2007 (inclusive), conducted by Aviation Development Australia Limited (ADAL). A division of ADAL, AirShows DownUnder, is the operating organisation. AirShows DownUnder has asked that the distances set out in CAO 29.4 be varied for the Air Show. The attached 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 UK and the USA.
Legislative Instruments Act
Under regulation 5A of CAR 1988 if CASA has issued, among other things, a permission in the form of a Civil Aviation Order (CAO), and later issues another permission which has the effect of amending, varying or repealing the CAO, the later instrument is a disallowable instrument for section 46A of the Acts Interpretation Act 1901.
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. 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.
The instrument commences on 16 March 2007. It stops having effect at the end of 25 March 2007.
The permission has been issued by a delegate of CASA, appointed under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 98/07]
Overview
The Civil Aviation Regulations 1988, enacted to provide comprehensive rules governing aviation activities in Australia, address the need to regulate the operation of aircraft over public gatherings. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations, including those necessary for the safe operation of aircraft. Specifically, regulation 156 of the Civil Aviation Regulations 1988 requires permission from the Civil Aviation Safety Authority (CASA) for aircraft to fly over public gatherings, with such permissions subject to conditions. This legislative framework ensures that any special event, such as the Australian International Air Show 2007, can be conducted safely, aligning with international best practices and mitigating risks to spectators. The instrument, issued under the authority of CASA and in consultation with relevant stakeholders, aims to provide tailored conditions for the Air Show, enhancing the safety and enjoyment of the event while complying with legislative requirements.
Scope and Application
The Civil Aviation Regulations 1988, specifically regulation 156, establish that an aircraft must not fly over a public gathering without the permission of the Civil Aviation Safety Authority (CASA). This regulation applies to all aircraft and pilots operating within Australia, ensuring adherence to safety standards. The permission to fly over public gatherings is subject to conditions that can be imposed by CASA to mitigate risks. In the context of the Australian International Air Show 2007, a variation to the distances between aircraft and spectators was permitted under regulation 5A of the Civil Aviation Regulations 1988. This variation, which modifies the requirements set out in Civil Aviation Order 29.4, was tailored to balance the risks associated with different types of aircraft and the safety of spectators. The instrument that grants this permission is considered a legislative instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in Parliament. This specific permission, however, did not require consultation as it was deemed a minor and machinery instrument necessary for the safe conduct of the Air Show, and it came into effect on 16 March 2007, ceasing operation on 25 March 2007.
Key Provisions
The primary operative sections of the Civil Aviation Regulations 1988 (CAR 1988) relevant to this legislation are sections 156 and 98. Section 156(1) of the CAR 1988 generally prohibits aircraft from flying over a public gathering without the permission of the Civil Aviation Safety Authority (CASA). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations that govern civil aviation in Australia. In this instance, regulation 156 provides for exceptions to the general prohibition, allowing for the issuance of specific permissions subject to certain conditions.
Under the Civil Aviation Order 29.4 (CAO 29.4), paragraph 4.2(2) sets out the distances that must be maintained between aircraft and spectators at air shows. However, this regulation has been varied for the Australian International Air Show 2007 to allow for different distances based on the type of aircraft. This variation is aimed at better aligning the level of risk with the required spectator separation distances. The new distances draw from best practices observed in the UK and the USA.
The Act imposes specific obligations on parties involved in the Australian International Air Show 2007. AirShows DownUnder, the operating organisation, must adhere to the varying distances set out in the Civil Aviation Order. CASA, as the regulatory body, has the responsibility to issue permissions and ensure that the conditions are met for the safe conduct of the air show. Additionally, all pilots and operators must comply with the conditions of the permission granted by CASA.
There are potential consequences for breaches of the regulations. The Civil Aviation Regulations 1988 do not specify particular offences or penalties in this context, but general provisions under the Civil Aviation Act 1988 and associated regulations could apply. These may include fines and other sanctions for non-compliance with permissions and conditions. The specific penalties would depend on the nature and severity of the breach, but they can be significant given the safety-critical nature of civil aviation activities.