Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — operations by paragliders in the Ozone Corryong Open and 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 paragliding Ozone Corryong Open and the hang-gliding Corryong Cup (the events). This exemption will enable participants in the events to fly a paraglider or 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 paragliders and hang-gliders. Paragliders and 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 paragliders and hang-gliders must be equipped with UHF radios.
The organisers of the events have arranged with CASA for the publication of a NOTAM setting out the boundaries of the areas of activity and the applicable procedures. The pilots in command must comply with the procedures published in the NOTAM.
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 classes of aircraft and so is a legislative instrument.
Consultation
CASA has consulted with The Hang Gliding Federation of Australia Incorporated and the organisers of the events. The terms of the exemption have been agreed.
The instrument commences on 1 January 2012 and stops having effect at the end of 29 February 2012.
The instrument has been made by a delegate of CASA under subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA EX139/11]