CASA EX12/13 - Exemption — operations by sport and recreational aircraft in restricted area R979A

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2013L00193 Not in force Legislative Instrument

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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

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation, as empowered by section 98 of the Civil Aviation Act 1988. These regulations provide the Civil Aviation Safety Authority (CASA) with the authority to grant exemptions from certain provisions, subject to conditions that safeguard air navigation safety. In 2013, CASA introduced an exemption to allow the operation of specific sport and recreational aircraft in a restricted area during the Australian International Air Show. This exemption was designed to enable the participation of these aircraft in the Air Show while maintaining safety standards, provided the aircraft met specified conditions, such as registration with Recreational Aviation Australia or the Hang Gliding Federation of Australia, and compliance with additional operational requirements. The exemption was subject to parliamentary scrutiny and did not conflict with any human rights as per the Human Rights (Parliamentary Scrutiny) Act 2011. The exemption was effective from 21 February 2013 until 5 March 2013, ensuring that the Air Show could proceed safely with the participation of these aircraft.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) exemption for operations by sport and recreational aircraft in restricted area R979A applies to certain aircraft that meet the criteria set out in Civil Aviation Orders (CAOs) 95.8, 95.10, 95.32, and 95.55. This exemption enables the operation of these aircraft in a restricted area during the Australian International Air Show 2013, subject to meeting specific conditions to ensure the safety of air navigation. The exemption applies to a class of persons or aircraft and is thus considered a legislative instrument under the Legislative Instruments Act 2003. It is applicable nationally, specifically during the period between 21 February 2013 and 5 March 2013. The exemption includes conditions such as the requirement for aircraft to be fitted with a radio for two-way communication with Air Traffic Control, and for pilots to hold appropriate certificates and endorsements. The exemption is subject to review and may be amended or revoked if necessary to maintain the safety of air navigation. The instrument was developed following consultations with relevant stakeholders and no adverse comments were received on its content or nature.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide the framework under which the Civil Aviation Safety Authority (CASA) can grant exemptions from certain regulatory requirements for specific circumstances. Section 98 of the Civil Aviation Act 1988 (the Act) allows the Governor-General to make regulations for the Act, and subregulation 11.160(1) of CASR 1998 specifically empowers CASA to grant exemptions from regulatory provisions in the interest of air navigation safety. These exemptions can be granted to a person or a class of persons, and they can be subject to conditions as specified in subregulation 11.205(1). The exemption in question, detailed in the explanatory statement, is intended to facilitate the operation of certain sport and recreational aircraft in a restricted area during the Australian International Air Show 2013. The exemption applies to aircraft governed by Civil Aviation Orders (CAOs) 95.8, 95.10, 95.32, and 95.55, which include hang gliders, privately-built single-place ultralight aeroplanes, weight-shift controlled aeroplanes, and powered parachutes, among others. For aircraft other than those governed by CAO 95.8, registration with Recreational Aviation Australia Incorporated (RAA) or the Hang Gliding Federation of Australia Incorporated (HGFA) is required. While these CAOs include specific conditions, the exemption allows these aircraft to operate in the restricted area without complying with certain conditions, such as those restricting operations in Class C and D airspace, but mandates adherence to other conditions and additional requirements. All aircraft must be fitted with a radio capable of two-way communication with Air Traffic Control, and the pilot in command must hold a pilot certificate with a radio operator endorsement. They must also comply with procedures published in an Aeronautical Information Publication, obtain authorisation from the Air Show organiser, and receive approval from RAA or HGFA. The exemption also imposes specific obligations on the parties involved. CASA must ensure that all conditions are met to maintain the safety of air navigation. The exemption is subject to publication on the Internet under regulation 11.225 of CASR 1998 and will cease to have effect no later than three years after its commencement, unless a specific end date is provided within the exemption. The exemption in this case was made under the authority delegated by subregulation 11.260(1) of CASR 1998 and will be in effect from 21 February 2013 until 5 March 2013. CASA consulted with relevant stakeholders, including the organisers of the Air Show, RAA, HGFA, Airservices Australia, and the operators of Lethbridge Aerodrome, to ensure the safe operation of the aircraft during the event. The Act and CASR 1998 provide for potential consequences for non-compliance with the exemption conditions. While the specific penalties are not detailed in the explanatory statement, non-compliance with regulations under the Civil Aviation Act 1988 can result in substantial penalties, including fines and imprisonment. The severity of these penalties would depend on the nature and extent of the non-compliance and the impact on aviation safety. The exemption itself is a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. The compatibility of the exemption with human rights was assessed, and it was determined that the exemption does not engage any of the applicable rights or freedoms, ensuring its compatibility with human rights as recognised in international instruments.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.