CASA EX04/11 – Exemption – provision of ARFFS training facilities at Avalon, Broome, Hamilton Island, Karratha, Sunshine Coast, Rockhampton and Townsville aerodromes

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation, as provided for under the Civil Aviation Act 1988. This legislation allows the Civil Aviation Safety Authority (CASA) to issue exemptions from certain regulatory requirements, provided that such exemptions do not compromise safety. In the case of aerodrome rescue and firefighting services (ARFFS), CASA has issued an exemption allowing Airservices Australia to forgo establishing "hot fire" training facilities at all ARFFS locations, due to environmental pressures and the need to rationalise such facilities. This exemption is subject to specific conditions and is classified as a legislative instrument under the Legislative Instruments Act 2003, which means it is subject to parliamentary scrutiny. The exemption is effective until 31 January 2013 and is a renewal of a previous exemption, for which consultation had already been undertaken.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998), under the authority of the Civil Aviation Act 1988, govern the provision of aerodrome rescue and firefighting services (ARFFS) at various aerodromes in Australia. Airservices Australia, as an approved provider, is subject to the stringent requirements set forth in Subpart 139.H of the CASR 1998, including the establishment of specific training facilities such as “hot fire” training facilities. However, due to environmental concerns and the need to rationalise resources, Airservices Australia has applied for an exemption from the requirement to maintain a “hot fire” training facility at each ARFFS location. The exemption, granted by CASA, is subject to certain conditions to ensure that the safety of air navigation remains uncompromised. This exemption is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament. While consultation under the Legislative Instruments Act has not been undertaken for this particular exemption, it is a renewal of a previous exemption which involved consultation. The exemption will remain in effect until 31 January 2013.

Key Provisions

The main operative sections of this legislation concern exemptions from certain provisions of the Civil Aviation Safety Regulations 1998 (CASR 1998) regarding aerodrome rescue and firefighting services (ARFFS). Specifically, section 11.160(1) of the CASR 1998 allows the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with certain regulations if it is deemed necessary in the interests of safety. Section 139.772(1) and (2) of CASR 1998 mandates that ARFFS providers must provide training facilities that comply with the Manual of Standards (MOS). However, the current exemption, as outlined in the explanatory statement, exempts ARFFS providers from establishing "hot fire" training facilities at every location due to environmental concerns. The obligations and requirements imposed by the Act are primarily on CASA and ARFFS providers. CASA must ensure that any exemption granted preserves an acceptable level of safety and may impose conditions on such exemptions if necessary (section 11.205(1) of CASR 1998). ARFFS providers must comply with these exemptions and any conditions imposed. Furthermore, CASA is required to publish the exemption on the World Wide Web (section 11.225 of CASR 1998) and the exemption will cease two years from its commencement unless otherwise specified (section 11.230(1) of CASR 1998). The exemption is also subject to disallowance by Parliament under the Legislative Instruments Act 2003 (LIA). Breach of the conditions set by CASA in granting the exemption is an offence under regulation 11.210 of CASR 1998. Failure to comply with these conditions can lead to various civil or criminal consequences, although specific penalties are not detailed in the explanatory statement. The exemption itself is considered a legislative instrument and is subject to tabling and disallowance in Parliament under sections 38 and 42 of the LIA. This ensures a level of parliamentary oversight and control over the exemption process.