Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — operations by hang-gliders in the Forbes Flatlands Hang Gliding Championships 2012-2013
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.
Under subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may grant an exemption from compliance with a provision of CASR 1998. Under subregulation 11.160 (3), CASA may grant an exemption of its own initiative. Under subregulation 11.170 (3), 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, details of 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 Forbes Flatlands Hang Gliding Championships 2012-2013 (the Championships) at Forbes and Parkes aerodromes. Forbes is a registered aerodrome and Parkes is certified.
This exemption will enable participants in the Championships to fly a hang-glider without the aircraft carrying a serviceable aircraft V.H.F. radio and without the pilot having a radiotelephone qualification. These requirements would otherwise apply in accordance with subregulations 166E (1) and (2) of the Civil Aviation Regulations 1988 (CAR 1988) which apply to certified and registered aerodromes. The aircraft to which the exemption applies are hang-gliders as defined in Civil Aviation Order 95.8.
The exemption is subject to several conditions. A ground communications station must be established at Forbes aerodrome and operate daily during the competition. A ground communications station must also be established at Parkes aerodrome on days when weather conditions make it necessary. The second station will be required when a south-westerly wind is blowing between Forbes and Parkes. These stations will advise other aircraft of the area of activity and location of the hang-gliders.
Forbes aerodrome will be closed between 1100 hours and last light to the activities of all aircraft, other than the participating hang-gliders, for the duration of the competition. Only hang-gliders carrying serviceable V.H.F. radios may operate in the vicinity of Parkes aerodrome for 1 hour before the scheduled arrival time, or 1 hour after the scheduled departure time, of a regular public transport aircraft. This will exclude most of the competitors. Hang-gliders not equipped with serviceable V.H.F. radios must remain clear of all certified, registered or military aerodromes, other than the aerodromes listed in the conditions and any aerodromes designated by CASA under regulation 166D of CAR 1988. The pilots of towing aircraft must make the broadcasts required under regulation 166C of CAR 1988 and communicate with other aircraft in the area, advising them of the activities, location and direction of the hang gliding fleet, having regard to the prevailing conditions of the day.
Championship organisers must ensure that participants are briefed daily on the boundaries of the areas of activity in the competition flight zone, the requirements for operating in those areas, and the applicable procedures as published daily in NOTAMS. The Championship organisers must arrange with CASA for the publication of daily NOTAMS setting out the boundaries of the areas of activity and the applicable procedures. The pilots in command must comply with the procedures published in NOTAMS applicable to the Championships.
Legislative Instruments Act
Exemptions under subregulation 11.160 (1) of CASR 1998 are for subsection 98 (5A) of the Act. In other words, as stated in subsection (5A), they must be in relation to matters affecting the safe navigation and operation, or the maintenance, of aircraft, or the airworthiness of, or design standards for, aircraft. The exemption is one in relation to matters affecting the safe navigation and operation of aircraft.
Under subsection 98 (5AA) of the Act, an exemption issued under paragraph 98 (5A) (a) for such matters is a legislative instrument if expressed to apply in relation to a class of persons, a class of aircraft or a class of aeronautical products (as distinct from a particular person, aircraft or product).
The exemption applies to a class of aircraft and is, therefore, a legislative instrument subject to registration, and tabling and disallowance in the Parliament, under sections 24, 38 and 42 of the Legislative Instruments Act 2003.
Consultation
CASA has consulted with The Hang Gliding Federation of Australia Incorporated and the Championship organisers. The terms of the exemption have been agreed.
The instrument commences on 28 December 2012 and stops having effect at the end of 17 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.
Commencement and making
The instrument commences on 28 December 2012 and stops having effect at the end of 17 January 2013.
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 EX194/12]