Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — operations by sport and recreational aircraft in restricted area R979A
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations, including the Civil Aviation Regulations 1988, or a provision of the Civil Aviation Orders (the CAOs), in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.
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 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.
The purpose of this exemption is to enable the operation of certain sport and recreational aircraft in a restricted area (RA) during the Australian International Air Show 2013 (the Air Show).
The exemption allows those aircraft to operate in the RA, subject to their meeting the required conditions. The aircraft to which the exemption applies are aircraft operated in accordance with Civil Aviation Order (CAO) 95.8, CAO 95.10, CAO 95.32 and CAO 95.55. CAO 95.8 applies to hang gliders. CAO 95.10 applies to privately-built, single-place ultralight aeroplanes. CAO 95.32 applies to weight-shift controlled aeroplanes and powered parachutes. CAO 95.55 applies to a variety of aircraft that have to meet one of the different sets of criteria set out in section 1 of that CAO. For aircraft other than CAO 95.8 aircraft, the aircraft have to be registered with Recreational Aviation Australia Incorporated (RAA) or the Hang Gliding Federation of Australia Incorporated (HGFA).
All these CAOs provide their exemptions subject to compliance with sets of conditions relating to a variety of matters, including restricting operations in Class C and Class D airspace.
The effect of the exemption is to allow the relevant aircraft to operate in the RA without complying with those particular conditions but subject to compliance with all the other conditions in the CAOs. There are also additional conditions in Schedule 1 of the exemption that have to be met by the aircraft and are conditions for all aircraft operations in the RA. All the aircraft have to be fitted with a radio capable of two-way communication with Air Traffic Control. The pilot in command must hold a pilot certificate with a radio operator endorsement. He or she must comply with procedures published in an Aeronautical Information Publication and applicable to the Air Show. Pilots in command must also have the authorisation of the organiser of the Air Show and approval from RAA or HGFA stating that they have demonstrated the necessary competencies to conduct the operation safely.
Legislative Instruments Act
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the Regulations or the CAOs. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The exemption applies to a class of aircraft. The exemption is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003 (the LI Act).
Consultation
For section 17 of the LI Act, CASA consulted with the organisers of the Air Show, the RAA, which represents 10,000 members, the HGFA, which represents 2,500 members, Airservices Australia and the operators of Lethbridge Aerodrome. The consultation was taken to ensure the safe arrival and departure of sports and recreational aircraft in the RA. This consultation enabled the preparation of an Aeronautical Information Package Supplement by Airservices Australia, which was then promulgated on the websites of RAA and HGFA.
There were no adverse comments received from any of the consulted parties on the content or nature of the instrument.
Compatibility with human rights and freedoms
A statement of compatibility with human rights is at Attachment 1.
Commencement and making
The instrument commences on 21 February 2013 and stops having effect at the end of 5 March 2013.
The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA EX12/13]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — operations by sport and recreational aircraft in restricted area R979A
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The legislative instrument permits the operation of certain sport and recreational aircraft in a restricted area during the Australian International Air Show 2013 at Avalon, Victoria between 21 February 2013 and 5 March 2013. The exemption is subject to conditions imposed by CASA in the interest of safety of air navigation.
The primary purpose of the legislative instrument is to allow pilots in command flying those aircraft to attend or participate in the Air Show.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority