Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — provision of ARFFS at Avalon, Broome, Hamilton Island, Karratha, Maroochydore, Rockhampton and Townsville aerodromes
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of 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 firefighting services.
Airservices Australia
Airservices Australia (AA) holds a certificate of approval issued by CASA under regulation 139.711 to provide aerodrome rescue and firefighting services 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. AA has applied for an exemption. 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), 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, 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.
Paragraph 22.1.6.1 of the Manual of Standards - Subpart 139.H requires the establishment of “hot fire” training facilities at all ARFFS locations. There are a number of ARFFS locations that do not have the required “hot fire” training facilities.
Environmental issues are placing increasing pressure on the ARFFS to rationalise the number of “hot fire” training facilities to reduce environmental impact. CASA has issued an exemption from the requirements to have a “hot fire” training facility at each ARFFS location. Training will continue to be provided at other locations.
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.
Consultations
Consultation under section 17 of the LIA has been undertaken. CASA consulted AA. AA also consulted the previous airport operators. No adverse comments were received.
The instrument commences on the day after it is registered and stops having effect at the end of 31 December 2010.
The exemption has been made by a delegate of CASA in accordance with subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA EX107/09]