CASA EX06/07 - Exemption - provision of ARFFS at Avalon Aerodrome

Overview

The Civil Aviation Safety Regulations 1998, amended by F2007L00306, address a specific issue regarding the provision of Aviation Rescue Fire Fighting Services (ARFFS) at Avalon Aerodrome. Enacted by the Australian Government, this regulation allows for exemptions from certain compliance requirements for ARFFS providers, in this case, Airservices Australia. The policy objective is to maintain an acceptable level of safety in air navigation while providing flexibility in the provision of ARFFS. The regulation enables the Civil Aviation Safety Authority (CASA) to grant exemptions and impose conditions that ensure safety, and it mandates the publication and limited duration of such exemptions. This legislative instrument, subject to disallowance under the Legislative Instruments Act 2003, was issued without the need for parliamentary consultation as it maintains the existing operational standards at Avalon Aerodrome. The exemption is effective from the date of registration until the end of 31 January 2009.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by F2007L00306, applies to Airservices Australia, an approved provider of Aviation Rescue Fire Fighting Service (ARFFS) at various aerodromes, including Avalon Aerodrome. The Act provides the authority for the Governor-General to make regulations in the interest of the safety of air navigation. Part 139.H of the CASR 1998 governs the provision of ARFFS, and this exemption applies specifically to the aerodrome rescue and firefighting services at Avalon Aerodrome. The exemption allows Airservices Australia to forgo establishing "Hot Fire" training facilities at Avalon Aerodrome, provided they monitor and report on the effectiveness of "Hot Fire" training currently provided at Melbourne Airport. If Airservices Australia fails to provide the required reports, they must establish a "Hot Fire" training ground at Avalon Aerodrome. The exemption is subject to conditions, and it is an offence to fail to comply with these conditions. This exemption, declared as a disallowable instrument under the Legislative Instruments Act 2003, must be tabled and is subject to disallowance in the Parliament. The exemption comes into effect on the day after registration and ceases on 31 January 2009.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) contain provisions for the provision of Aviation Rescue Fire Fighting Services (ARFFS) at aerodromes, including specific requirements for training facilities. Section 11.160(1) and (3) of CASR 1998 empower the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory requirements. This authority is exercised under the overarching principle of ensuring an acceptable level of safety as stated in subregulation 11.160(3). In this instance, the exemption allows Airservices Australia (AA), an approved provider of ARFFS, to be exempt from establishing “Hot Fire” training facilities at Avalon Aerodrome. Instead, AA is mandated to monitor the current “Hot Fire” training provided to ARFFS staff at Melbourne Airport and submit a biannual report to CASA detailing the training specifics and an evaluation of its effectiveness relative to equivalent training at Avalon Aerodrome. Failure to comply with this reporting requirement necessitates the establishment of a “Hot Fire” training ground at Avalon Aerodrome. The obligations imposed by the exemption are twofold: AA must diligently monitor the training activities at Melbourne Airport and evaluate their effectiveness in comparison to the training at Avalon Aerodrome. Moreover, AA is required to submit a comprehensive report to CASA every six months. This report must include details of the training provided and an assessment of its effectiveness. Should AA fail to meet this reporting obligation, it must establish a “Hot Fire” training ground at Avalon Aerodrome to ensure compliance with safety standards. Non-compliance with the conditions of the exemption is a serious matter. According to regulation 11.210 of CASR 1998, failure to comply with the conditions of an exemption is an offence. This could potentially lead to civil or criminal consequences depending on the severity of the breach. While the specific penalties are not detailed in the provided text, it is clear that any deviation from the stipulated conditions carries significant legal ramifications. The exemption is also subject to disallowance under the Legislative Instruments Act 2003 (LIA). As per subparagraph 6(d)(i) of the LIA, the exemption qualifies as a disallowable instrument. Consequently, it must be tabled and can be disallowed by the Parliament, as outlined in sections 38 and 42 of the LIA. This legislative oversight ensures that the exemption aligns with broader parliamentary scrutiny and control. Furthermore, the exemption is published on the World Wide Web as per regulation 11.225, ensuring transparency and public accessibility of the regulatory decision. In summary, the exemption allows AA to forgo the establishment of specific training facilities at Avalon Aerodrome but imposes stringent reporting obligations to ensure ongoing compliance with safety standards. Non-compliance with these obligations can result in significant legal consequences, and the exemption itself is subject to parliamentary disallowance and public disclosure. The exemption is effective from the day after registration until 31 January 2009, as per the provisions of the CASR 1998 and the LIA.