CASA EX139/11 - Exemption - operations by paragliders in the Ozone Corryong Open and hang-gliders in the Corryong Cup

Overview

The Civil Aviation Safety Regulations 1998 were amended in 2011 to provide an exemption for the operations of paragliders during the Ozone Corryong Open and hang-gliders during the Corryong Cup, held in Corryong, Victoria. This exemption was introduced to facilitate these specific events while ensuring the safety of air navigation. The amendment was authorised under section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the Act and the safety of air navigation. The exemption allows participants to operate their aircraft within the vicinity of Corryong aerodrome without fully complying with regulation 166E of the Civil Aviation Regulations 1988, which sets out requirements for operating near certified, military, registered, or designated aerodromes. The exemption is subject to conditions such as the establishment of a ground communications station at Corryong aerodrome to advise other aircraft of the area of activity, and all participants must be equipped with UHF radios. The exemption was agreed upon after consultation with relevant stakeholders and is published as a legislative instrument under the Legislative Instruments Act 2003. The exemption took effect on 1 January 2012 and ceased on 29 February 2012.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide the legal framework under which the Civil Aviation Safety Authority (CASA) can grant exemptions from certain regulatory requirements in specific circumstances to ensure the safe navigation and operation of aircraft. The particular exemption in question concerns the operations of paragliders during the Ozone Corryong Open and hang-gliders during the Corryong Cup, which are scheduled to occur in the vicinity of Corryong aerodrome, Victoria. This exemption, made under the authority of section 98 of the Civil Aviation Act 1988, allows participants in these events to operate their aircraft without complying with certain regulations, specifically regulation 166E of the Civil Aviation Regulations 1988, which deals with operations near aerodromes. This exemption applies to the classes of persons and aircraft involved in these specific events and is subject to conditions that ensure safety, such as the requirement for a ground communication station at Corryong aerodrome, mandatory UHF radios for all participating aircraft, and adherence to procedures outlined in a NOTAM. The exemption is in effect from 1 January 2012 to 29 February 2012 and is considered a legislative instrument due to its application to classes of aircraft.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) under section 11.160(1) allow the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory provisions to ensure the safe navigation and operation of aircraft, as well as the airworthiness and design standards for aircraft. This particular exemption, under subregulation 11.160(2), is specifically for operations by paragliders during the Ozone Corryong Open and hang-gliders during the Corryong Cup. These events are scheduled to take place in the vicinity of Corryong aerodrome, Victoria, and the exemption enables participants to fly without complying with regulation 166E of the Civil Aviation Regulations 1988 (CAR 1988), which contains requirements for operating in the vicinity of certified, military, registered or designated aerodromes. The exemption comes with several conditions to ensure safety. Firstly, a ground communications station must be established at Corryong aerodrome and must operate daily during the competition. This station will be responsible for advising other aircraft of the area of activity and the location of the paragliders and hang-gliders. Paragliders and hang-gliders not equipped with serviceable Very High Frequency (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 Ultra High Frequency (UHF) radios. Additionally, the organisers of the events have arranged with CASA for the publication of a Notice to Airmen (NOTAM) setting out the boundaries of the areas of activity and the applicable procedures. Pilots in command must comply with the procedures published in the NOTAM. Under the Legislative Instruments Act 2003, this exemption is considered a legislative instrument as it applies to classes of aircraft. The exemption has been made by a delegate of CASA under subregulation 11.260(1) of CASR 1998. It was necessary for CASA to consult with The Hang Gliding Federation of Australia Incorporated and the organisers of the events to agree on the terms of the exemption. The instrument commences on 1 January 2012 and stops having effect at the end of 29 February 2012. The exemption will cease on the day specified within it, which cannot be longer than 3 years after its commencement, or if no day is specified, 3 years after commencement. There are potential consequences for breaching the conditions of this exemption. While specific offences and penalties are not outlined in the provided text, general provisions under CASR 1998 and CAR 1988 may apply. Violating the conditions of an exemption could result in enforcement actions by CASA, which could include fines, suspension or revocation of permits, or other civil or criminal penalties as deemed appropriate by the regulatory authority.