Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — operations by paragliders in the Ozone Corryong Open and hang-gliders in the Corryong Cup
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Subsection 98 (5A) of the Act provides that the Regulations may empower CASA to issue instruments in relation to the following:
(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft; or
(b) the airworthiness of, or design standards for, aircraft.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (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, in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), 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), 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.
This exemption is required because of the decision to hold the paragliding Ozone Corryong Open and the hang-gliding Corryong Cup (the events). This exemption will enable participants in the events to fly a paraglider or hang-glider in the vicinity of Corryong aerodrome, Victoria, without complying with regulation 166E of CAR 1988. Regulation 166E contains requirements for operating in the vicinity of certified, military, registered or designated aerodromes. Corryong is a registered aerodrome.
The exemption is subject to several conditions. A ground communications station must be established at Corryong aerodrome and operate daily during the competition. This station will advise other aircraft of the area of activity and location of the paragliders and hang-gliders. Paragliders and hang-gliders not equipped with serviceable 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 UHF radios.
The organisers of the events have arranged with CASA for the publication of a NOTAM setting out the boundaries of the areas of activity and the applicable procedures. The pilots in command must comply with the procedures published in the NOTAM.
Legislative Instruments Act 2003
Subsection 98 (5AA) of the Act states that an instrument issued under paragraph (5A) (a) is a legislative instrument if it applies to a class of persons or a class of aircraft. This exemption applies to classes of aircraft and so is a legislative instrument.
Consultation
CASA has consulted with The Hang Gliding Federation of Australia Incorporated and the organisers of the events. The terms of the exemption have been agreed.
The instrument commences on 5 January 2013 and stops having effect at the end of 26 January 2013.
Human Rights Compatibility
This legislative instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.
It is an exemption from certain regulations to allow an aviation event to take place.
The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA EX193/12]
Overview
The Civil Aviation Safety Regulations 1998 were amended in 2012 through the F2012L02520 legislative instrument, to address the need for a regulatory exemption for specific aviation events. Enacted by the Australian Government, the Civil Aviation Act 1988 empowered the Governor-General to establish regulations for the Act and the safety of air navigation. This particular exemption was introduced to facilitate the safe conduct of the Ozone Corryong Open for paragliders and the Corryong Cup for hang-gliders in the vicinity of Corryong aerodrome, Victoria. The exemption allows participants to operate without complying with certain regulations that would otherwise apply, such as those concerning operations near aerodromes, provided specific conditions are met, including the establishment of a ground communications station and the use of UHF radios. This measure ensures that safety standards are maintained while enabling the events to proceed.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR 1998) contain provisions that allow for exemptions to certain regulations to facilitate specific activities that, while generally regulated, may require temporary flexibility for events such as the Ozone Corryong Open for paragliders and the Corryong Cup for hang-gliders. This exemption applies to participants of these events, allowing them to fly paragliders and hang-gliders in the vicinity of Corryong aerodrome in Victoria without complying with regulation 166E of the Civil Aviation Regulations 1988. This regulation pertains to operating requirements in the vicinity of certified, military, registered, or designated aerodromes. The exemption is subject to several conditions, including the establishment of a ground communications station at Corryong aerodrome to manage the area of activity and inform other aircraft, and the requirement that all paragliders and hang-gliders be equipped with UHF radios. Additionally, paragliders and hang-gliders not equipped with serviceable VHF radios must avoid all aerodromes except Corryong and any other aerodromes designated by CASA. The exemption is also contingent on the publication of a NOTAM detailing the boundaries of the areas of activity and applicable procedures, which pilots in command must adhere to. The exemption applies to classes of aircraft and is therefore considered a legislative instrument under the Civil Aviation Act 1988. It was developed following consultation with relevant stakeholders and has a specified commencement date of 5 January 2013, expiring on 26 January 2013.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, as amended by the F2012L02520 legislation, pertain to the exemption from certain regulations for specific aviation events. Specifically, section 11.160(1) allows the Civil Aviation Safety Authority (CASA) to grant exemptions from provisions of the regulations for matters affecting safe navigation and operation, or the airworthiness of aircraft, while section 11.160(2) allows for exemptions to be granted to individuals or classes of persons. Section 11.205(1) permits CASA to impose conditions on these exemptions if necessary for the safety of air navigation, and section 11.225 requires that any exemptions be published on the Internet. Additionally, section 11.230(1) specifies that exemptions cease on the specified date or, if no date is specified, three years after commencement.
The Act imposes several obligations on the parties involved in the Ozone Corryong Open and the Corryong Cup events. Firstly, a ground communications station must be established at Corryong aerodrome and must operate daily during the competition to advise other aircraft of the area of activity and the location of the paragliders and hang-gliders. Secondly, paragliders and hang-gliders must be equipped with UHF radios, and those not equipped with serviceable 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 the Civil Aviation Regulations 1988. Lastly, the organisers of the events must ensure that a Notice to Airmen (NOTAM) is published, setting out the boundaries of the areas of activity and the applicable procedures, and that the pilots in command comply with the procedures published in the NOTAM.
Failure to comply with the conditions of this exemption could result in civil or criminal consequences. Under the Civil Aviation Act 1988, any person who contravenes a provision of the Civil Aviation Safety Regulations 1998 may be liable for a civil penalty of up to $22,200 for an individual and $111,000 for a body corporate, as per section 339(1). In addition, any person who engages in conduct that constitutes an offence against the Act may be liable for criminal penalties, including fines of up to $222,000 for an individual and $1,110,000 for a body corporate, and/or imprisonment for up to five years, as per section 340(1). It is important to note that these penalties are subject to change and should be checked against the most current legislation.