Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — provision of ARFFS at Avalon Aerodrome
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Subpart 139.H of the Civil Aviation Safety Regulations 1998 (CASR 1998) applies to aerodrome rescue and fire fighting services.
Airservices Australia
Airservices Australia (AA) holds a certificate of approval issued by CASA under regulation 139.711 of CASR 1998 to provide an Aviation Rescue Fire Fighting Service (ARFFS) at various aerodromes and is, therefore, an approved provider subject to the requirements of Subpart 139.H of CASR 1998 and the Manual of Standards.
Exemptions
Under subregulation 11.160 (1) of CASR 1998, CASA may grant an exemption from compliance with a provision of CASR 1998. Under subregulation 11.160 (3), CASA may grant an exemption on its own initiative. In deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety.
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 11.210, it is an offence to fail to comply with a condition of an exemption.
Under regulation 11.225 of CASR 1998, an exemption must be published on the World Wide Web. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 2 years after its commencement) or, if no day is specified, 2 years after commencement.
The instrument exempts AA from the requirement to establish “Hot Fire” training facilities at the aerodrome.
Under the conditions, AA must monitor the “Hot Fire” training currently provided to Avalon Aerodrome ARFFS staff at Melbourne Airport. Every 6 months, AA must provide CASA with a report that contains particulars of the training provided and an assessment of the effectiveness of that training as opposed to equivalent training if provided at Avalon Aerodrome. If it does not do so, it must provide a “Hot Fire” training ground at Avalon Aerodrome. Every 12 months, AA must also provide CASA with evidence of how and when the annual Category Exercise (“Hot Fire”) for each Avalon Aerodrome ARFFS staff member was achieved.
Legislative Instruments Act
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. Regulation 11.215 of CASR 1998 declares an exemption to be a disallowable instrument. The exemption 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 allows the ARFFS to continue to operate at Avalon Aerodrome as it has
been doing previously. It replaces another exemption, CASA EX06/07, issued to AA for the same aerodrome.
The instrument commences on 1 February 2009 and stops having effect at the end of 31 January 2011.
The exemption has been made by a delegate of CASA appointed under regulation 11.260 of CASR 1998.
[Instrument number CASA EX03/09]