CASA EX18/08 – Exemption – provision of ARFFS at Sunshine Coast Airport, Maroochydore

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) are subject to the overarching authority of the Civil Aviation Act 1988, which empowers the Governor-General to enact regulations that serve the paramount objective of ensuring the safety of air navigation. This legislative framework is designed to maintain stringent standards across all aspects of aviation operations, including the provision of Aerodrome Rescue Fire Fighting Services (ARFFS). Airservices Australia, as an approved provider of ARFFS, is mandated to comply with Part 139H of CASR 1998. Recently, Airservices Australia has sought an exemption from certain provisions of these regulations, particularly those concerning the establishment of a "Hot Fire" training facility at Sunshine Coast Airport, Maroochydore. The exemption, granted by the Civil Aviation Safety Authority (CASA), aims to accommodate the unique circumstances of this aerodrome until a broader review of Part 139H is completed. This measure ensures the continued provision of ARFFS while allowing for a review of current standards and practices, ultimately safeguarding the safety of air navigation.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended, pertain to the safety and management of aerodrome rescue and fire-fighting services (ARFFS) across Australia. These regulations apply to entities such as Airservices Australia, which hold approval to provide ARFFS services at various aerodromes, and they are mandated to comply with Part 139H of the Civil Aviation Safety Regulations 1998 and the Manual of Standards. The scope of the regulations encompasses all aspects of ARFFS, including training and equipment standards, ensuring that the provision of these critical services maintains an acceptable level of safety. The regulations are enforced by the Civil Aviation Safety Authority (CASA), which has the authority to grant exemptions from certain provisions if doing so does not compromise safety. These exemptions can be subject to specific conditions to mitigate any safety risks, and they must be published and are limited in duration to no more than two years. The exemption for Airservices Australia at Sunshine Coast Airport, Maroochydore, specifically addresses the requirement to establish a “Hot Fire” training facility, allowing continued ARFFS provision until the review of Part 139H is completed. The legislative framework ensures that any exemptions are subject to parliamentary disallowance under the Legislative Instruments Act 2003, reinforcing the rigorous oversight of safety standards in civil aviation.

Key Provisions

The main operative sections of this legislation pertain to the exemption granted to Airservices Australia (AA) from specific provisions of the Civil Aviation Safety Regulations 1998 (CASR 1998) concerning the requirement to establish a “Hot Fire” training facility at Sunshine Coast Airport, Maroochydore (sections 11.160(1), 11.205(1)). The exemption is subject to certain conditions and is designed to facilitate the provision of Aerodrome Rescue Fire Fighting Services (ARFFS) at Sunshine Coast Airport until a review of Part 139H of CASR 1998 is completed. Additionally, the legislation references section 98(1) of the Civil Aviation Act 1988, which authorises the Governor-General to make regulations for the Act in the interests of safety of air navigation. Under this Act, AA, as an approved provider of ARFFS, must comply with specific obligations. These include monitoring the “Hot Fire” training currently provided to ARFFS staff at Brisbane Airport and submitting a detailed report on this training to the Civil Aviation Safety Authority (CASA). This report is mandated under the conditions of the exemption, which are imposed to ensure that an acceptable level of safety is maintained despite the exemption. Failure to comply with the conditions of the exemption is an offence under regulation 11.210 of CASR 1998, and penalties may be imposed. The exemption itself is subject to disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003, as it is declared to be a disallowable instrument. The exemption is also subject to publication requirements, as per regulation 11.225 of CASR 1998, and it will cease to have effect either upon the completion of the review of Part 139H of CASR 1998 or on 1 March 2010, whichever occurs first. This ensures that the exemption is temporary and subject to review, thereby maintaining safety standards while providing flexibility where necessary.