CASA EX107/09 - Exemption - provision of ARFFS at Avalon, Broome, Hamilton Island, Karratha, Maroochydore, Rockhampton and Townsville aerodromes

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation, providing comprehensive regulations that govern various aspects of civil aviation, including aerodrome rescue and firefighting services (ARFFS). Under subsection 98(1) of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interests of safety, with the Civil Aviation Safety Authority (CASA) being the body responsible for administering these regulations. In this context, CASA has issued an exemption allowing Airservices Australia to deviate from certain ARFFS requirements to mitigate environmental impacts and streamline operations. This exemption was made in line with the policy objective of maintaining an acceptable level of safety while addressing the environmental concerns associated with maintaining multiple "hot fire" training facilities at various aerodromes. The exemption, subject to the Legislative Instruments Act 2003, was implemented following consultations with relevant parties and will remain in effect until 31 December 2010.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) governs the provision of aerodrome rescue and firefighting services (ARFFS) in Australia, with Subpart 139.H specifically addressing these services. Airservices Australia, as an approved provider under regulation 139.711, must adhere to the requirements of Subpart 139.H and the Manual of Standards. However, an exemption has been granted under subregulation 11.160(1) of CASR 1998 for ARFFS at certain aerodromes—Avalon, Broome, Hamilton Island, Karratha, Maroochydore, Rockhampton, and Townsville—relieving them of the requirement to establish "hot fire" training facilities at each location. This exemption, paramount in preserving an acceptable level of safety, responds to environmental pressures necessitating the rationalisation of such facilities. The exemption is subject to conditions under subregulation 11.205(1) if necessary for air navigation safety and must be published on the World Wide Web as per regulation 11.225. It will cease no later than two years after its commencement, in accordance with regulation 11.230. The exemption is a legislative instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in Parliament, and has been made by a delegate of CASA in accordance with subregulation 11.260(1) of CASR 1998.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) under the Civil Aviation Act 1988 include several sections that pertain to aerodrome rescue and firefighting services (ARFFS). Section 139.H of CASR 1998 specifies the requirements for ARFFS at various aerodromes. Subsection 98(1) of the Civil Aviation Act 1988 allows the Governor-General to create regulations in the interest of air navigation safety, and this is implemented through CASR 1998. Airservices Australia (AA), which holds a certificate of approval from the Civil Aviation Safety Authority (CASA), is an approved provider of ARFFS at several aerodromes and is subject to the stipulations of Subpart 139.H of CASR 1998 and the Manual of Standards. The Act imposes certain obligations on AA as an approved provider of ARFFS. These include complying with the requirements of Subpart 139.H of CASR 1998, which includes the establishment of “hot fire” training facilities at all ARFFS locations as specified in paragraph 22.1.6.1 of the Manual of Standards. However, due to environmental concerns and the need to rationalise the number of training facilities, CASA has issued an exemption from the requirement to have a “hot fire” training facility at each ARFFS location. This exemption allows training to continue at other locations, balancing safety with environmental considerations. There are consequences for non-compliance with the conditions of the exemption. Under subregulation 11.205(1) of CASR 1998, CASA may impose conditions on an exemption if necessary for the safety of air navigation, and under regulation 11.210, it is an offence to fail to comply with a condition of an exemption. Regulation 11.225 mandates that an exemption must be published on the World Wide Web, and under subregulation 11.230(1), an exemption ceases on the specified day but no later than 2 years from its commencement, or 2 years from commencement if no day is specified. The exemption is a legislative instrument under subparagraph 6(d)(i) of the Legislative Instruments Act 2003 and is subject to tabling and disallowance in Parliament under sections 38 and 42 of the LIA. Consultation with relevant parties has been completed as per section 17 of the LIA, with CASA consulting AA and AA consulting previous airport operators, but no adverse comments were received. The instrument commences on the day after it is registered and ceases to have effect at the end of 31 December 2010. The exemption was made by a delegate of CASA in accordance with subregulation 11.260(1) of CASR 1998. This legislative instrument number CASA EX107/09 formalises the exemption and its terms, ensuring compliance with the legislative framework while addressing environmental concerns.