Explanatory Statement
Civil Aviation Safety Regulations 1998
Direction and exemption — operations for the Corryong 2017 Hang Gliding Cup and 2017 Paragliding Open
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Subsection 98 (5A) of the Act provides that the Regulations may empower CASA to issue instruments in relation to the following:
(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft; or
(b) the airworthiness of, or design standards for, aircraft.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the Regulations, including the Civil Aviation Regulations 1988 (CAR 1988) or a provision of the Civil Aviation Orders, in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.
Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), the maximum duration of an exemption is 3 years.
Under subregulation 11.245 (1) of CASR 1998, CASA may issue directions about, among other things, any matter affecting the safe navigation and operation of aircraft. Under subregulation 11.245 (2), CASA may only issue a direction if the direction is for the purpose of CASA’s functions and not inconsistent with the Act, and if CASA is satisfied that the direction is necessary in the interests of the safety of air navigation. Under regulation 11.250, the maximum duration of a direction is 1 year. Regulation 11.255 makes it an offence for a person to contravene a direction that is applicable to the person.
The instrument is required because of the decision to hold the 2017 Hang Gliding Cup and the 2017 Paragliding Open (collectively, the event) at Corryong, Victoria.
The instrument provides an exemption for the pilot in command of a hang glider or paraglider who is participating in the event to fly the hang glider or paraglider in the vicinity of Corryong aerodrome, Victoria, without complying with regulation 166E of CAR 1988. Regulation 166E contains requirements relating to the carriage of aircraft VHF radio when operating in the vicinity of certified, military, registered or designated aerodromes. Corryong is a registered aerodrome. “In the vicinity of” is given a specific meaning for regulation 166E: see regulation 166.
The exemption for pilots in command is subject to several conditions and is supplemented by directions to the Hang Gliding Federation of Australia (HGFA) that has responsibility for the administration of the event.
The directions to HGFA require it to ensure that there is a satisfactory support system to mitigate the safety risks associated with the operation of hang-gliders and paragliders without a serviceable VHF radio. The support system includes requirements for the establishment of a ground communications station at Corryong aerodrome that is operated daily during the event. This station will advise other aircraft of the area of activity and location of the hang gliders. HGFA is responsible for ensuring that the Competition Director or other competent person maintains a listening watch. The ground communications station must be active on the relevant frequencies on each day of the event.
HGFA is also responsible for ensuring that information is provided to CASA about event activities each day, which CASA will use in a Notice to Airmen (NOTAM) to be published by Airservices Australia.
HGFA must also ensure that, before aircraft operation on a day, a briefing is provided to event participants that addresses at least the following:
(a) confirmation of ground communication station set-up and applicable frequencies in use;
(b) review and explanation of the applicable NOTAM for that day;
(c) review and explanation of event vicinity boundaries and the requirement to operate only within the boundaries;
(d) review and explanation of the conditions under which the exemption has been issued.
In addition, HGFA must ensure that the name of each event participant attending the daily briefing is recorded, and that the record is retained for a prescribed period.
While the directions impose obligations on HGFA, it is expected as a practical matter that HGFA will ask the Competition Director, as the event organiser, to fulfil the obligations.
The conditions on the exemption for pilots in command include a requirement for aircraft covered by the exemption to be equipped with a UHF radio. The pilot in command must cease a flight in the vicinity of Corryong aerodrome as soon as practicable if the UHF radio becomes unserviceable during the flight.
Pilots in command of aircraft covered by the exemption must attend the daily briefing mentioned in the directions to HGFA. Pilots in command must also be satisfied that the ground communications station has been established and is operating satisfactorily and that the daily NOTAM has been published as required. In relation to these matters, which are not a pilot in command’s direct responsibility, the pilot in command may rely on the daily briefing.
Pilots in command of aircraft covered by the exemption must hold at least a HGFA pilot certificate and are required to operate in accordance with the HGFA Operations Manual, as that document exists from time to time.
Among other things, the HGFA Operations Manual contains rules for the operation of hang-gliders and paragliders. The HGFA Operations Manual can be accessed from www.hgfa.asn.au/.
Legislation Act 2003 (the LA)
Subsection 98 (5AA) of the Act states that an instrument issued under paragraph (5A) (a) is a legislative instrument if it applies to a class of persons or a class of aircraft. This exemption applies to a class of person and so is a legislative instrument. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
CASA has consulted with HGFA and the organisers of the event. The organisers also consulted with the local aerodrome operators and local aviation operators. The terms of the exemption are substantially similar to the terms of instruments issued in relation to the event held in previous years.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).
Commencement
The instrument commences on 7 January 2017 and is repealed at the end of 29 January 2017.
[Instrument number CASA EX01/17]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Direction and exemption — operations for the Corryong 2017 Hang Gliding Cup and 2017 Paragliding Open
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
This instrument will enable participants in the 2017 Hang Gliding Cup and 2017 Paragliding Open to fly a hang glider or paraglider in the vicinity of Corryong aerodrome, Victoria, without complying with regulation 166E of the Civil Aviation Regulations 1988. Regulation 166E contains requirements relating to the carriage of aircraft VHF radio when operating in the vicinity of certified, military, registered or designated aerodromes. Corryong aerodrome is a registered aerodrome.
The exemption is subject to conditions on participants.
The instrument also issues directions to the Hang Gliding Federation of Australia Incorporated that is responsible for the administration of the events.
The conditions and directions are imposed by CASA in the interest of air safety.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority