Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Safety Regulations 1998
Exemption, permission, direction and authorisation — helicopter search and rescue operations and training for such operations (CHC Helicopters)
Purpose
The purpose of the instrument is to enable the conduct of search and rescue operations conducted by Lloyd Helicopters Pty Ltd, trading as CHC Helicopters (Australia), referred to as the operator.
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the safety of air navigation.
Exemption under regulation 11.160
The exemption is issued under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).
Subregulation 11.160 (1) of 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 (the CAOs), in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2) of CASR 1998, 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) of CASR 1998, 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 instrument exempts the operator from the following provisions of CAR 1988.
Subregulation 175 (2) states that a pilot in command flying in weather conditions other than visual meteorological conditions (V.M.C.) must comply with the instrument flight rules (I.F.R.).
Subregulation 178 (1) states that an aircraft flying along a route segment for which there is a published lowest safe altitude must not fly below that altitude.
Subregulation 178 (2) states that an aircraft flying along a route segment for which there is not a published lowest safe altitude must not fly below a lowest safe altitude determined in accordance with a method determined by CASA.
These exemptions permit search and rescue and training operations at heights and in conditions that would not otherwise be allowed, provided they are conducted in accordance with procedures set out in the instrument.
Permission, authorisation and direction for search and rescue and training
Paragraph 157 (1) (b) sets a minimum height for flights over any other area other than over a city town or populous area.
The operator, and the pilot in command of the helicopter, are permitted under paragraph 157 (4) (b) of CAR 1988 to operate the helicopter at a height lower than the minimum height specified in paragraph 157 (1) (b) when engaged in training for a search and rescue operation. Under subregulation 157 (4), the minimum does not apply when conducting a search and rescue operation.
Under subregulation 150 (1) of CAR 1988, the pilot in command of an aircraft may not permit anything to be dropped from the aircraft except in accordance with directions issued by CASA under subregulation 150 (2). The instrument contains a direction under that subregulation that applies to a search and rescue operation and training for such an operation.
Under subregulation 151 (1) of CAR 1988, the pilot in command of an aircraft in flight must not allow persons or objects to be picked up by the aircraft. Under subregulation 151 (3), CASA may give prior written authority for a pilot to do so, subject to conditions. The instrument contains an authorisation under subregulation 151 (3) to enable the pilot in command of the helicopter engaged in the specific search and rescue operations covered by the instrument to pick up a person in the course of a search and rescue operation or in training for such an operation.
Conditions
The conduct of search and rescue and training under the instrument is subject to conditions.
These relate to flight crew qualifications, the helicopters that may be used, the navigation and flight equipment required, and special procedures for low-level operations above water as agreed by CASA.
Legislative Instruments Act 2003 (the LIA)
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 persons and to a class of aircraft. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation for section 17 of the LIA has taken place between CASA and the operator. The helicopters and search and rescue techniques to which the exemption applies had been used by the operator for the conduct of search and rescue operations conducted from Australian Defence Force bases. Those operations involved the use of the techniques set out in the exemption for the descent from en route cruise level or the lowest safe altitude, and for the conduct of rescue operations at a low height. The operator and CASA have agreed that a special instrument is necessary to permit and regulate these operations. CASA EX66/13 was issued in September 2013 for this purpose and will expire at the end of August 2015. CASA EX153/15 is an instrument that replaces CASA EX66/13 and continues CASA’s agreement regarding the operator’s operations.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).
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 exemption commences on 1 September 2015 and expires at the end of August 2018, as if it had been repealed by another instrument.
[Instrument number CASA EX153/15]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption, permission, direction and authorisation — helicopter search and rescue operations and training for such operations (CHC Helicopters)
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 enables the conduct of search and rescue operations conducted by Lloyd Helicopters Pty Ltd, trading as CHC Helicopters (Australia). The helicopters and search and rescue techniques to which the exemption applies are used by the operator for the conduct of search and rescue operations. Those operations involved the use of the techniques set out in the exemption. The exemption permits and regulates these operations. Instrument CASA EX66/13 was issued in September 2013 for this purpose and expires at the end of August 2015. CASA EX153/15 replaces CASA EX66/13 and continues CASA’s agreement for the operator to conduct these operations.
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