Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — provision of ARFFS at Sunshine Coast Airport, Maroochydore
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Part 139H of the Civil Aviation Safety Regulations 1998 (CASR 1998) applies to aerodrome rescue and fire fighting services.
Airservices Australia
Airservices Australia (AA) holds a certificate of approval issued by CASA under regulation 139.711 of CASR 1998 to provide Aerodrome Rescue Fire Fighting Services (ARFFS) at various aerodromes and is, therefore, an approved provider subject to the requirements of Part 139H of CASR 1998 and the Manual of Standards.
Exemptions
Under subregulation 11.160 (1) of CASR 1998, CASA may grant an exemption from compliance with a provision of CASR 1998. AA has applied for an exemption. In deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety.
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 11.210, it is an offence to fail to comply with a condition of an exemption.
Under regulation 11.225 of CASR 1998, an exemption must be published on the World Wide Web. Under subregulation 11.230 (1) an exemption ceases on the day specified within it (but no longer than 2 years after its commencement), or if no day is specified, 2 years after commencement.
The instrument exempts AA from specified provisions relating to the requirement to establish a “Hot Fire” training facility at Sunshine Coast Airport, Maroochydore.
The exemption will allow the provision of an ARFFS at Sunshine Coast Airport, Maroochydore until the review of Part 139H of CASR 1998 (the review) is completed.
The conditions include AA must monitor the “Hot Fire” training currently provided to ARFFS staff at Brisbane Airport. AA must give to CASA a report that contains details of training provided at Brisbane Airport.
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. Regulation 11.215 of CASR 1998 declares an exemption to be a disallowable instrument. 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 under section 17 of the LIA has been undertaken. CASA consulted AA. AA also consulted the airport operator. No adverse comments were received.
The instrument commences on the day after it is registered and stops having effect at the earlier of the review being completed or at the end of 1 March 2010.
The exemption has been made by a delegate of CASA in accordance with subregulation 7 (1) of the Civil Aviation Regulations 1988.
[Instrument number CASA EX18/08]