Explanatory Statement
Civil Aviation Regulations 1988
Exemption — operating aircraft engines in Ordinance Loading Areas at Darwin
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.
Under subregulation 235 (11) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt an aircraft from any of the requirements imposed by regulation 235.
Subregulation 235 (7) of CAR 1988 provides that CASA may, for the purposes of ensuring the safety of air navigation, give directions with respect to the method of loading persons and goods (including fuel) on aircraft.
Subsection 5 of Civil Aviation Order 20.9 (CAO 20.9) is made under subregulation 235 (7) of CAR 1988 and sets out CASA’s directions for starting and operating aircraft engines. In accordance with subparagraphs 5.1.4 (a) and (e) of CAO 20.9, an aircraft engine must not be started or operated within 5 metres (17 feet) of a sealed building, or within 8 metres (25 feet) of any unsealed building in the case of an aircraft with a maximum take-off weight not exceeding 5 700 kg.
The instrument exempts flight crew working for Careflight (NSW) Limited, trading as Careflight (Careflight) from compliance with subparagraphs 5.1.4 (a) and (e) of CAO 20.9, when starting and operating aircraft engines in Ordinance Loading Areas (OLAs) at Darwin aerodrome.
The use of OLAs is considered safe from the hazards that the minimum prescribed distances are intended to avoid. The exemption applies only to Beech King 200 aircraft engaged in loading and unloading patients. The aircraft engines must be started and operated in OLAs in accordance with the established procedures for doing so. The equipment installed in OLAs to ensure the safety of fuelling operations must be serviceable.
Legislative Instruments Act
Under regulation 5A of CAR 1988, if CASA has issued a Civil Aviation Order (CAO) that is not an Airworthiness Directive and a prescribed direction or exemption is issued, given or granted and the prescribed direction or exemption has the effect of repealing, amending, or otherwise affecting the operation of anything in the CAO, the prescribed direction or exemption is a disallowable instrument. Because the exemption affects the operation of paragraph 4.1.1 of CAO 20.9, it is declared to be a disallowable instrument under regulation 5A of CAR 1988.
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. As a legislative instrument, 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 in this case. The exemption has been issued at the request of Careflight to permit the starting and operating of aircraft engines in accordance with the stated conditions.
The exemption commences on the day after it is registered and stops having effect at the end of 31 January 2013.
The exemption has been issued by a delegate of CASA under regulation 7 of CAR 1988.
[Instrument number CASA EX02/11]