Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA EX18/26 — Aerodrome Markings (Vertical Flight Facilities) Exemption 2026
Purpose
The purpose of CASA EX18/26 — Aerodrome Markings (Vertical Flight Facilities) Exemption 2026 (the instrument) is to enable certified aerodromes to have vertical flight facilities that comply with relevant specifications set out in the latest version of Civil Aviation Safety Authority (CASA) Advisory Circular 139-10 (AC 139-10) without breaching outdated requirements in the Part 139 Manual of Standards (Part 139 MOS) for the marking of helicopter areas.
Under the instrument, operators of certified aerodromes with vertical flight facilities that have markings or markers as recommended or specified in AC 139-10 are exempt from having to comply with the Part 139 MOS requirements for markers and markings of helicopter areas. AC 139-10 is consistent with the latest International Civil Aviation Organization (ICAO) standards and recommended practices (SARPs) for heliports.
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation. Relevantly, the Governor-General has made the Civil Aviation Safety Regulations 1998 (CASR).
Subpart 11.F of CASR provides for the granting of exemptions from particular provisions of the regulations. Subregulation 11.160(1) of CASR provides that, for subsection 98(5A) of the Act, CASA may grant an exemption from compliance with a provision of the regulations.
Under subregulation 11.160(2), an exemption may be granted to a person or a class of persons.
Under subregulation 11.160(3), an exemption may be granted on application by a person or on CASA’s own initiative.
Under subregulation 11.170(3) of CASR, in deciding whether to grant an exemption, CASA must regard as paramount the preservation of at least an acceptable level of aviation safety.
Regulation 11.205 of CASR provides that CASA may impose conditions on an exemption if necessary in the interests of the safety of air navigation. Under regulation 11.210 of CASR, it is a strict liability offence (with a maximum penalty of 50 penalty units) not to comply with the obligations imposed by a condition.
Regulation 11.225 of CASR requires an exemption to be published on the internet. Under subregulation 11.230(1) of CASR, the maximum duration of an exemption is 3 years.
Subregulation 139.065(1) of CASR provides for the Part 139 MOS to prescribe requirements relating to aerodrome facilities and equipment for certified aerodromes. Subregulation 139.065(2) sets out the matters relating to which requirements may be prescribed. In particular, paragraph 139.065(2)(b) provides that requirements may be prescribed relating to visual aids for the movement area and other areas of an aerodrome.
Subregulation 139.065(3) provides that the operator of a certified aerodrome must ensure that the aerodrome facilities and equipment for the aerodrome comply with the requirements mentioned in subregulation (1). Under subregulation 139.065(4), it is an offence of strict liability (with a maximum penalty of 10 penalty units) for a person to contravene subregulation (3).
In Part 1 of the CASR Dictionary, a certified aerodrome is defined as meaning an aerodrome in respect of which an aerodrome certificate is in force. An aerodrome certificate means a certificate granted under regulation 139.030 of CASR.
Division 12 of Chapter 8 of the Part 139 MOS sets out requirements for helicopter areas on aerodromes, including for markers and markings.
Under subsection 14(1) of the Legislation Act 2003 (the LA), a legislative instrument may make provision in relation to matters by applying, adopting or incorporating provisions of an Act or disallowable legislative instrument as in force at a particular time or as in force from time to time. A legislative instrument may also make provision in relation to matters by applying, adopting or incorporating any matter contained in any other instrument or writing as in force at, or before, the time the legislative instrument commences. Under subsection 14(2) of the LA, unless the contrary intention appears, the legislative instrument may not make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time. However, subsection 98(5D) of the Act provides that, despite section 14 of the LA, a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.
Background
The development of AC 139-10 implements Initiative 52 of the Australian Government’s Aviation White Paper titled Towards 2050. Initiative 52 is “Work with stakeholders to develop AAM infrastructure planning guidance to support the introduction of AAM.”
“AAM”’ is short for “advanced air mobility” and AAM aircraft include VTOL capable aircraft (“VTOL” is short for “vertical take-off and landing”). The Part 139 MOS currently has no guidance relating to infrastructure for VTOL capable AAM aircraft. To address this, CASA intends to develop a new Volume II of the Part 139 MOS that will prescribe requirements for the certification of heliports and vertiports as specialised aerodromes, including specifications for vertical flight facilities. These specifications will also apply to other aerodromes certified under the Part 139 MOS. CASA proposes to base the new requirements for vertical flight facilities on the current ICAO SARPs in Vol II (Heliports) of Annex 14 to the Convention on International Civil Aviation, which include standards for risk management of hazards such as rotor downwash and visual aids.
As part of this project, CASA intends to remove the current requirements in Division 12 of Chapter 8 (Helicopter areas on aerodromes) and include in Volume II of the Part 139 MOS updated specifications for vertical flight facilities that are based on those in AC 139-10. Once the Part 139 MOS includes these requirements, the instrument should no longer be required.
Overview of instrument
The instrument is necessary because the Part 139 MOS requirements for markers and markings of helicopter areas are inconsistent with those recommended in AC 139-10 for vertical flight facilities and, under subregulation 139.065(3), it is an offence for an aerodrome operator not to comply with requirements in the Part 139 MOS.
The instrument applies to aerodrome operators of certified aerodromes that have vertical flight facilities with markings or markers as recommended and specified in AC 139-10.
The instrument exempts the operator of the certified aerodrome from compliance with subregulation 139.065(3) to the extent that it requires compliance with the requirements of Division 12 of Chapter 8 of the Part 139 MOS in relation to the markers and markings of helicopter areas on aerodromes that are inconsistent with the recommendations and specifications mentioned in AC 139-10 for markers and markings for vertical flight facilities.
The instrument defines vertical flight facilities as meaning aerodrome facilities provided for the movements of vertical flight aircraft. A vertical flight aircraft is defined in the instrument as meaning a helicopter or VTOL capable aircraft and does not include a remotely piloted aircraft.
CASA has assessed the impact of the instrument on aviation safety and is satisfied that it will have no impact on aviation safety as the exemption only applies if the certified aerodrome has vertical flight facilities with markers and markings that meet recommended specifications in AC 139-10, which is aligned with current international SARPs and guidance for heliports that has been published by ICAO, and includes the latest guidance on mitigations for downwash and outwash from AAM aircraft.
Documents incorporated by reference
The instrument incorporates by reference CASA AC 139-10, as existing from time to time. The purpose of the document is to provide guidance to aerodrome and aircraft operators in the planning, design and operation of facilities for helicopters or VTOL capable aircraft, or both, on an aerodrome that may have only been designed for fixed wing aeroplanes.
AC 139-10 is freely available on the CASA website at < https://www.casa.gov.au>. As at the commencement of this instrument, CASA advisory circulars are available on the CASA website at <https://www.casa.gov.au/resources-and-education/publications/guidance-material/advisory-circulars> and the latest version of AC 139-10 is v1.0, Guidelines for vertical flight facilities at aerodromes designed for aeroplanes, dated March 2026.
Subsection 98(5D) of the Act provides that, despite section 14 of the LA (see above), a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.
Content of instrument
Section 1 of the instrument sets out the name of the instrument.
Section 2 sets out the duration of the instrument. The instrument commences on the day after it is registered and is repealed at the end of 30 April 2029.
Section 3 sets out some definitions for the instrument. For example, it defines AC 139-10 and vertical flight facilities.
Vertical flight facilities is defined to mean aerodrome facilities provided for the movements of vertical flight aircraft. A note under this definition explains that vertical flight facilities may be provided exclusively for the movements of vertical flight aircraft (such as a final approach and touch down area (FATO) for vertical flight aircraft only), or for the movement of both vertical flight aircraft and aeroplanes.
Section 4 provides the application of the instrument. The instrument applies to an aerodrome operator of a certified aerodrome if the certified aerodrome has vertical flight facilities with markings or markers as recommended and specified in AC 139-10. AC 139-10 generally uses the term “should” to recommend markings or markers.
Section 5 provides an exemption for the operator of the certified aerodrome. It provides that the operator is exempt from compliance with subregulation 139.065(3) to the extent that it requires the operator to comply with the requirements of Division 12 of Chapter 8 of the Part 139 MOS in relation the markers and markings of helicopter areas on aerodromes that are inconsistent with the recommendations and specifications mentioned in AC 139-10 for markers and markings for vertical flight facilities.
Legislation Act 2003
Paragraph 98(5A)(a) of the Act provides that the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation, or the maintenance, of aircraft. Additionally, paragraph 98(5AA)(a) of the Act provides that an instrument issued under paragraph 98(5A)(a) is a legislative instrument if the instrument is expressed to apply in relation to a class of persons. The instrument exempts a class of persons from complying with subregulation 139.065(3) to the extent specified. The instrument is, therefore, a legislative instrument, and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Sunsetting
Part 4 of Chapter 3 of the LA (the sunsetting provisions) does not apply to the instrument, because the instrument relates to aviation safety and is made under CASR (item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015).
However, this instrument will be repealed at the end of 30 April 2029, which will occur before the sunsetting provisions would have repealed the instrument if they had applied. Any renewal of the instrument will be subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA. Therefore, the exemption from sunsetting does not affect parliamentary oversight of this instrument.
Consultation
A draft of AC 139-10 was shared with specific stakeholders and provided for public consultation from 10 June to 8 July 2025. Eleven responses were received from a diverse spectrum of industry spanning from aerodrome operators and consultants to vertiport proponents and Airservices Australia.
CASA is satisfied that no further consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA. The instrument provides a necessary exemption to enable airport operators to have vertical flight facilities with the updated markings and facilities introduced in AC 139-10.
Sector risk, economic and cost impact
Subsection 9A(1) of the Act states that, in exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration. Subsection 9A(3) of the Act states that, subject to subsection (1), in developing and promulgating aviation safety standards under paragraph 9(1)(c), CASA must:
(a) consider the economic and cost impact on individuals, businesses and the community of the standards; and
(b) take into account the differing risks associated with different industry sectors.
The cost impact of a standard refers to the direct cost (in the sense of price or expense) which a standard would cause individuals, businesses and the community to incur. The economic impact of a standard refers to the impact a standard would have on the production, distribution and use of wealth across the economy, at the level of the individual, relevant businesses in the aviation sector, and the community more broadly. The economic impact of a standard could also include the general financial impact of that standard on different industry sectors.
The economic and cost impact of the instrument has been determined by:
(a) the identification of individuals and businesses affected by the instrument; and
(b) consideration of how the requirements to be imposed on individuals and businesses under the instrument will be different compared to existing requirements; and
(c) a valuation of the impact, in terms of direct costs on individuals and businesses affected by the instrument to comply with the different requirements. This valuation is consistent with the principles of best practice regulation of the Australian Government; and
(d) a valuation of the impact the different requirements would have on the production, distribution and use of wealth across the economy, at the level of the individual, relevant businesses in the aviation sector and the community more broadly; and
(e) consideration of community impacts, beyond those direct impacts on individuals and businesses affected by the instrument, that are relevant if the instrument were to result in flow‑on effects to other aviation businesses, or local non-aviation businesses that experience a change in their activity due to the instrument.
The requirements of the instrument apply to aerodrome operators of certified aerodromes if the certified aerodrome has vertical flight facilities with markings or markers as recommended and specified in AC 139-10. The instrument will not require these operators to have vertical flight facilities that meet the specifications recommended in AC 139-10 but will exempt them from having to have the markers and markings of helicopter areas required under the Part 139 MOS if these are inconsistent with those in AC 139-10.
CASA has assessed that the economic and cost impact of the instrument is not significant. The Office of Impact Analysis (OIA) has also made the assessment that the impact of the instrument is minor and that an Impact Analysis (IA) is not required. As there is no significant economic or cost impact on individuals or businesses, there will be no community impacts.
Impact on categories of operations
The impact is likely to have a beneficial effect on the safety of helicopters and VTOL capable aircraft utilising aerodromes with vertical flight facilities as it will facilitate those aerodromes utilising the updated markings and facilities introduced by AC 139-10 for helicopters and VTOL capable aircraft, which are consistent with the latest international SARPs for heliports.
Impact on regional and remote communities
The instrument would have the same beneficial impact on helicopters and VTOL capable aircraft operating in any regional and remote community that has an aerodrome with vertical flight facilities.
Office of Impact Analysis
An IA is not required in this case as the exemption is covered by a standing agreement between CASA and OIA under which an IA is not required for exemptions (OIA reference number: OIA23-06252).
Statement of Compatibility with Human Rights
The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Making and commencement
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73(2) of the Act.
The instrument commences on the day after it is registered and is repealed at the end of 30 April 2029.
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA EX18/26 — Aerodrome Markings (Vertical Flight Facilities) Exemption 2026
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
This legislative instrument enables certified aerodromes to have vertical flight facilities that comply with relevant specifications set out in the latest version of Civil Aviation Safety Authority Advisory Circular 139-10 (AC 139-10) without breaching outdated requirements in the Part 139 Manual of Standards (Part 139 MOS) for the marking of helicopter areas.
Under the instrument, operators of certified aerodromes with vertical flight facilities that have markings or markers as recommended or specified in AC 139-10 are exempt from having to comply with the Part 139 MOS requirements for markers and markings of helicopter areas. AC 139-10 is consistent with the latest International Civil Aviation Organization (ICAO) standards and recommended practices (SARPs) for heliports.
Human rights implications
This legislative promotes the right to life in Article 6 of the International Covenant on Civil and Political Rights by ensuring aviation safety is protected during the use by helicopters or VTOL capable aircraft of vertical flight facilities at certified aerodromes. The instrument enables these facilities to have markings consistent with, and be operated in accordance with, contemporary international SARPs and guidance published by ICAO.
Conclusion
This legislative instrument is compatible with human rights.
Civil Aviation Safety Authority