CASA EX03/09 - Exemption - provision of ARFFS at Avalon Aerodrome

Overview

The Civil Aviation Safety Regulations 1998 were enacted to provide a comprehensive regulatory framework for ensuring the safety of civil aviation in Australia. These regulations, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to make detailed rules to safeguard air navigation and maintain safety standards. One particular exemption, CASA EX03/09, was introduced to allow Airservices Australia to operate without establishing "Hot Fire" training facilities at Avalon Aerodrome, instead requiring them to monitor and report on the effectiveness of existing training arrangements at Melbourne Airport. This exemption was granted under the authority of the Civil Aviation Safety Regulations 1998 and aims to ensure that the preservation of an acceptable level of safety remains paramount, while also allowing for flexibility in the provision of aerodrome rescue and fire-fighting services. The exemption is subject to conditions and can be disallowed by Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide the framework for ensuring the safety of air navigation in Australia, with specific provisions for aerodrome rescue and fire fighting services. Airservices Australia, an approved provider under the regulations, is subject to these provisions but has been granted an exemption concerning the establishment of "Hot Fire" training facilities at Avalon Aerodrome. This exemption, which is paramount in preserving an acceptable level of safety, allows Airservices Australia to continue monitoring the "Hot Fire" training provided to Avalon Aerodrome ARFFS staff at Melbourne Airport and report to the Civil Aviation Safety Authority (CASA) every six months on the training's effectiveness. Additionally, Airservices Australia must submit evidence of the annual Category Exercise ("Hot Fire") for each staff member every twelve months. If Airservices Australia fails to comply with these conditions, it is required to provide a "Hot Fire" training ground at Avalon Aerodrome. The exemption is declared as a disallowable instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament. This exemption commences on 1 February 2009 and ceases on 31 January 2011, as it replaces a previous exemption issued to Airservices Australia for the same aerodrome.

Key Provisions

The key operative sections of this legislation are Subregulation 11.160(1) and (3) of the Civil Aviation Safety Regulations 1998 (CASR 1998), which allow the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with CASR 1998 provisions, and Subregulation 11.205(1), which permits CASA to impose conditions on any exemption. The authority to grant these exemptions is derived from Subsection 98(1) of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the Act, particularly in the interests of the safety of air navigation. The exemption in question specifically concerns Airservices Australia (AA) and its provision of an Aviation Rescue Fire Fighting Service (ARFFS) at Avalon Aerodrome. The obligations imposed by this legislation on Airservices Australia include monitoring the "Hot Fire" training provided to Avalon Aerodrome ARFFS staff at Melbourne Airport. This monitoring is to be done continuously and reported to CASA every six months, detailing the specifics of the training provided and an assessment of its effectiveness relative to equivalent training if it were provided at Avalon Aerodrome. Additionally, AA must furnish CASA with evidence of the annual Category Exercise ("Hot Fire") for each ARFFS staff member every twelve months. Failure to provide this training at Avalon Aerodrome would necessitate AA to establish a "Hot Fire" training ground at the aerodrome. The obligation extends to ensuring compliance with any conditions CASA imposes on the exemption, failure to do so being an offence under regulation 11.210. The legislation imposes penalties for non-compliance with conditions of an exemption. Under regulation 11.210, it is an offence not to comply with a condition of an exemption, though the specific penalties are not detailed in the text. The exemption itself is published on the World Wide Web under regulation 11.225 and ceases to have effect no later than two years from its commencement unless a specific cessation date is outlined within the exemption, as per subregulation 11.230(1). The exemption is subject to disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003, as it is considered a disallowable instrument. This legislative instrument has been issued by a delegate of CASA, as authorized under regulation 11.260 of CASR 1998. The exemption operates from 1 February 2009 until 31 January 2011.