Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — operations by hang-gliders in the Corryong Cup
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Subsection 98 (5A) of the Act provides that the Regulations may empower CASA to issue instruments in relation to the following:
(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft; or
(b) the airworthiness of, or design standards for, aircraft.
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 (CAR 1988) or a provision of the Civil Aviation Orders, 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.
This exemption is required because of the decision to hold the hang-gliding Corryong Cup (the event). This exemption will enable participants in the events to fly a hang‑glider in the vicinity of Corryong aerodrome, Victoria, without complying with regulation 166E of CAR 1988. Regulation 166E contains requirements for operating in the vicinity of certified, military, registered or designated aerodromes. Corryong is a registered aerodrome.
The exemption is subject to several conditions. A ground communications station must be established at Corryong aerodrome and operate daily during the competition. This station will advise other aircraft of the area of activity and location of the hang‑gliders. Hang-gliders not equipped with serviceable VHF radios must remain clear of all certified, registered or military aerodromes, other than Corryong, and any other aerodromes designated by CASA under regulation 166D of CAR 1988. All hang‑gliders must be equipped with UHF radios.
The organisers of the event have arranged with CASA for the publication of a NOTAM setting out the applicable procedures within a 30 nautical mile radius of Corryong aerodrome. The pilots in command must comply with the procedures published in the NOTAM.
Pilots in command of participating hang-gliders must ensure that they attend a daily briefing prior to aircraft operation and must be able to provide evidence of their attendance. The organisers of the events must provide the daily briefing, before aircraft operation, that must address at least the following:
(a) confirmation of ground communication station set-up and applicable frequencies in use;
(b) review and explanation of the applicable NOTAM for that day;
(c) review and explanation of boundaries of the competition flight zone and the requirement to operate only within that zone;
(d) review and explanation of the conditions under which this exemption has been issued.
Legislative Instruments Act 2003
Subsection 98 (5AA) of the Act states that an instrument issued under paragraph (5A) (a) is a legislative instrument if it applies to a class of persons or a class of aircraft. This exemption applies to a class of aircraft and so is a legislative instrument.
Consultation
CASA has consulted with The Hang Gliding Federation of Australia and the organisers of the event. The Self-Administering Sports Aviation Organisations Section in CASA consulted with the Southern Region Office of CASA. The organisers also consulted with the local aerodrome operators and local aviation operators. The terms of the exemption have been agreed.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
The instrument commences on 4 January 2014 and expires at the end of 11 January 2014, as if it had been repealed by another instrument.
[Instrument number CASA EX134/13]
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 hang-gliders in the Corryong Cup
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
This exemption will enable participants in the event named above to fly a hang-glider in the vicinity of Corryong aerodrome, Victoria, without complying with regulation 166E of CAR 1988. Regulation 166E contains requirements for operating in the vicinity of certified, military, registered or designated aerodromes. Corryong aerodrome is a registered aerodrome.
The exemption is subject to conditions directed by CASA in the interest of air safety.
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