Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — provision of Part 139H of CASR 1998 – application of foam by attack vehicle monitor
Legislation
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.
Part 139H of the Civil Aviation Safety Regulations 1998 (CASR 1998) applies to Aerodrome Rescue and Fire Fighting Services (ARFFS).
Airservices Australia
Airservices Australia (AA) holds a certificate of approval issued by CASA under regulation 139.711 of CASR 1998 to provide ARFFS at various aerodromes and is, therefore, an approved provider subject to the requirements of Part 139H of CASR 1998 and the Manual of Standards Part 139H (the MOS).
Exemption
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 11.225, 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 subregulation 139.845 (4) of CASR 1998, in respect of paragraph 20.1.3.3 (a) of the MOS. Subregulation 139.845 (4) requires that people employed as fire fighters receive ongoing training to ensure that they continue to meet their required standard. Paragraph 20.1.3.3 (a) of the MOS requires that fire fighters receive core competency training at least every 90 days in the application of foam onto a fire by an attack vehicle monitor.
AA requested an exemption from this requirement. It stated that the frequency of 90 days for the application of foam onto fire is beyond that required in equivalent countries such as Canada, the United States of America, the United Kingdom and New Zealand, and is increasingly difficult to comply with at some locations, due to increased aircraft activity, and may contribute to the contamination of environmentally sensitive areas.
This instrument requires monitor skills training every 90 days as mentioned in Schedule 1 and actual foam application every 180 days.
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 applies to a single entity which requested it. It renews an instrument which expires at the end of November 2009. The instrument commences 1 December 2009 and stops having effect at the end of 30 November 2011.
The exemption has been made by a delegate of CASA in accordance with subregulation 7 (1) of the Civil Aviation Regulations 1988.
[Instrument number CASA EX101/09]