CASA EX129/11 - Exemption - refuelling in Ordinance Loading Areas at Tindal

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation by establishing a regulatory framework governing civil aviation activities in Australia. This legislation addresses the need for comprehensive safety regulations to manage the risks associated with civil aviation. The Australian Parliament enacted this Act to provide the Civil Aviation Safety Authority (CASA) with the authority to create and enforce regulations that maintain safety standards in civil aviation. The primary policy objective of the CASR 1998 is to preserve an acceptable level of safety in all aspects of civil aviation operations. In this context, the Act enables CASA to grant exemptions from certain safety regulations when necessary, provided that such exemptions do not compromise the overarching safety standards. This legislative measure allows for flexibility in managing specific operational challenges while maintaining the highest safety benchmarks.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide a framework for the regulation of civil aviation safety in Australia, with specific exemptions granted under subregulation 11.160 for certain circumstances. This particular legislation exempts Pel-Air Aviation Pty Limited from complying with subparagraph 4.1.1(d) of Civil Aviation Order 20.9 during refuelling operations in Ordinance Loading Areas (OLAs) at the Royal Australian Air Force base in Tindal. This exemption is necessary to facilitate the refuelling of Pel-Air's Westwind aircraft, which are engaged in Defence Force support operations, without needing to adhere to the distance requirements from unsealed buildings that apply generally under CAO 20.9. This exemption applies specifically to the class of aircraft involved in these operations and is subject to stringent conditions to ensure the safety of the refuelling process, including the requirement for refuelling to be conducted by trained Defence personnel and for the equipment installed in the OLAs to be serviceable. The exemption is subject to the overarching legislative framework provided by the Civil Aviation Act 1988 and is subject to parliamentary oversight under the Legislative Instruments Act 2003. The exemption is valid from 1 December 2011 until 30 November 2014 and is subject to potential conditions that the Civil Aviation Safety Authority (CASA) may impose to safeguard air navigation.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) under the Civil Aviation Act 1988 (the Act) provide a framework for ensuring the safety of air navigation and the operation of aircraft in Australia. Specifically, section 11.160 of CASR 1998 allows the Civil Aviation Safety Authority (CASA) to grant exemptions from certain provisions of the Civil Aviation Regulations 1988 (CAR 1988), provided that doing so does not compromise safety. The regulation in question, subparagraph 4.1.1(d) of Civil Aviation Order 20.9 (CAO 20.9), mandates that during the refuelling of aircraft weighing more than 5,700 kg, the aircraft and ground refuelling equipment must be positioned such that no fuel tank filling points or vent outlets are within 15 metres of any unsealed building. This regulation is intended to prevent hazardous situations that could arise from fuel spills or leaks near uncontained structures. The exemption granted under section 11.160 of CASR 1998 applies to Pel-Air Aviation Pty Limited (Pel-Air) and allows them to refuel their Westwind aircraft in Ordinance Loading Areas (OLAs) at the Royal Australian Air Force base at Tindal, despite the proximity of unsealed buildings. This exemption is conditional upon several factors: the aircraft must be engaged in Australian Defence Force (ADF) support operations, refuelling must be performed by trained ADF personnel following established procedures, and all equipment installed in the OLAs must be serviceable to ensure the safety of the refuelling operations. These conditions are designed to mitigate any potential safety risks that could arise from the exemption. Failure to comply with the conditions attached to the exemption constitutes an offence under regulation 11.210 of CASR 1998. The potential penalties for such an offence are not explicitly stated in the explanatory statement but generally, breaches of aviation safety regulations can lead to significant civil or criminal penalties. For civil penalties, CASA can impose fines up to a maximum of $275,000 for corporations and $55,000 for individuals, depending on the severity and impact of the breach. Criminal penalties may also apply, leading to imprisonment for up to five years, reflecting the high-risk nature of aviation operations. As a legislative instrument, the exemption is subject to tabling and disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). This process ensures that the exemption is scrutinised by the Parliament before it takes effect. The exemption replaces an existing instrument, CASA 106/10, which expired on 30 November 2011, and it will cease to have effect at the end of 30 November 2014, unless earlier revoked. The exemption was issued by the Director of Aviation Safety on behalf of CASA in accordance with subsection 73(2) of the Act.