CASA EX22/26 — Canberra Balloon Spectacular 2026 Exemption 2026

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA EX22/26 — Canberra Balloon Spectacular 2026 Exemption 2026

Purpose

The purpose of CASA EX22/26 — Canberra Balloon Spectacular 2026 Exemption 2026 (the instrument) is to enable the operation of a manned free balloon by participants in the air display known as “Canberra Balloon Spectacular 2026” (the event), within the event area, for the purposes of the event, during the event period. In particular, in this context, the instrument enables a participant to operate the balloon within the Canberra control zone despite not holding the relevant authorisation under, and meeting other requirements of, Part 131 of the Civil Aviation Safety Regulations 1998 (CASR) and the Part 131 (Balloons and Hot Air Airships) Manual of Standards 2024 (the Part 131 MOS). The Canberra control zone is the volume of airspace, in the vicinity of Canberra aerodrome, determined to be a control zone under paragraph 5(1)(b) of the Airspace Regulations 2007.

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 CASR.

Under subsection 20AB(1) of the Act, a person must not perform any duty that is essential to the operation of an Australian aircraft during flight time unless:

(a) the person holds a civil aviation authorisation that is in force and authorises the person to perform that duty; or

(b) the person is authorised by or under the regulations to perform that duty without the civil aviation authorisation concerned.

The CASR Dictionary includes the following definitions:

balloon means an unpowered, lighter-than-air aircraft.

manned free balloon means a free balloon that:

(a) is equipped to carry one or more persons; and

(b) is equipped with controls that enable the altitude of the balloon to be controlled.

As far as is relevant, the term, free balloon is defined in the CASR Dictionary to mean a balloon that is intended for flight without being permanently tethered.

Part 131 of CASR

Under subregulation 131.005(2) of CASR, the term, Part 131 aircraft is defined to include a manned free balloon.

Under regulation 131.055 of CASR, CASA may issue a Manual of Standards for Part 131 prescribing matters required or permitted by CASR to be prescribed by the Part 131 MOS, or necessary or convenient to be prescribed for carrying out or giving effect to Part 131.

Under subregulation 131.275(1) of CASR, the pilot in command of a Part 131 aircraft for a flight contravenes the subregulation if, when the aircraft begins the flight, a document prescribed by the Part 131 MOS is not carried on the aircraft. Under subregulation 131.275(2), a person commits an offence of strict liability if the person contravenes subregulation (1).

Under subregulation 131.340(1) of CASR, the Part 131 MOS may prescribe requirements relating to flight preparation and weather assessments for Part 131 aircraft (the balloon flight preparation (weather assessments) requirements). Under subregulation 131.340(3), the pilot in command of a Part 131 aircraft for a flight contravenes the subregulation if a balloon flight preparation (weather assessments) requirement is not met for the flight. Under subregulation 131.340(4), a person commits an offence of strict liability if the person contravenes subregulation (3).

Under subregulation 131.345(1) of CASR, the Part 131 MOS may prescribe requirements (the balloon flight notification requirements) relating to flight notifications for flights of Part 131 aircraft. Under subregulation 131.345(2), the pilot in command of a Part 131 aircraft for a flight contravenes the subregulation if a balloon flight notification requirement is not met for the flight. Under subregulation 131.345(3), a person commits an offence of strict liability if the person contravenes subregulation (2).

As far as is relevant, under subregulation 131.353(1) of CASR, the Part 131 MOS may prescribe requirements in relation to the use by a Part 131 aircraft of a control zone (which term is defined in the CASR Dictionary). Under subregulation 131.353(2), the pilot in command of a Part 131 aircraft for a flight contravenes the subregulation if a requirement mentioned in subregulation (1) is not met for the flight. Under subregulation 131.353(3), a person commits an offence of strict liability if the person contravenes subregulation (2).

Under subregulation 131.354(1) of CASR, the pilot in command of a Part 131 aircraft for a flight contravenes the subregulation if:

(a) the aircraft is fitted with, or carries, a radio; and

(b) during the flight, the pilot in command does not make a broadcast or a report relating to the flight that is prescribed by the Part 131 MOS for the paragraph.

Under subregulation 131.354(2), a person commits an offence of strict liability if the person contravenes subregulation (1).

As far as is relevant, under subregulation 131.460(1) of CASR, the Part 131 MOS may prescribe requirements relating to:

(a) the fitment of equipment to a Part 131 aircraft; and

(b) the carrying of equipment on a Part 131 aircraft.

Under subregulation 131.460(2), a person contravenes the subregulation if:

(a) the person is subject to a requirement mentioned in subregulation (1); and

(b) the requirement is not met.

Under subregulation 131.460(3), a person commits an offence of strict liability if the person contravenes subregulation (2).

Under subregulation 131.580(1) of CASR, a person contravenes the subregulation if:

(a) the person undertakes a Part 131 recreational activity (which term is defined in regulation 131.025 of CASR); and

(b) the person does not hold a Part 131 pilot authorisation (which term is defined in the CASR Dictionary) that authorises the person to undertake the activity.

Under subregulation 131.580(4), a person commits an offence of strict liability if the person contravenes subregulation (1).

Civil Aviation Order 95.54

Under paragraph 6(1) of the Civil Aviation Order 95.54 (Part 131 Recreational Activity and Specialised Balloon Operations) Instrument 2024 (CAO 95.54), for paragraph 20AB(1)(b) of the Act, the following are taken to constitute an authorisation to perform a duty essential to the operation of a relevant aircraft without holding a flight crew licence:

(a) the holding of a relevant permit to operate that is not a flight crew licence;

(b) compliance with the requirements set out in CAO 95.54.

As far as is relevant, the term, relevant aircraft is defined in subsection 5 of CAO 95.54 to include a Part 131 aircraft engaged in a Part 131 recreational activity.

The term, relevant permit is defined in subsection 5.

Under paragraph 10(1) of CAO 95.54, the pilot in command of a relevant aircraft in a Part 131 recreational activity is exempted from compliance with the requirement in a relevant provision to hold a Part 131 pilot authorisation mentioned in paragraph (c) of the definition of Part 131 pilot authorisation. Paragraph 10(3) lists the CASR provisions that each are a relevant provision for paragraph (1). One of the listed provisions is paragraph 131.580(1)(b).

Under paragraph 11(1) of CAO 95.54, each exemption under subsection 10 is subject to the condition that the operator and pilot in command, as applicable, of a relevant aircraft must comply with the stated requirements.

Exemptions

Division 11.F.1 of CASR provides for the granting of exemptions from particular provisions of CASR. Subregulation 11.160(1) of CASR provides that, for subsection 98(5A) of the Act, CASA may grant an exemption under the Division from compliance with a provision of CASR in relation to a matter mentioned in that subsection.

Under subregulation 11.160(2), an exemption may be granted to a person or a class of persons and may specify the class by reference to membership of a specified body or any other characteristic.

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 on application by a person, CASA must regard as paramount the preservation of at least an acceptable level of aviation safety. CASA has regard to the same criterion when deciding whether to grant an exemption on its own initiative.

Regulation 11.205 of CASR states CASA may impose, on an exemption, any condition 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) for a person not to comply with an obligation imposed on the person by a condition of an exemption.

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.

Background

The Canberra Balloon Spectacular (formally known as the Canberra Balloon Festival and the Great Australian Balloon Spectacular) is a public event in Canberra, which has run in March each year, for nearly 40 years. The event is an initiative of the ACT Government and is delivered by Events ACT within the Chief Minister, Treasury and Economic Development Directorate.

Up to 40 private balloons participate in the event in conjunction with commercial balloons and one or two special shape balloons invited from overseas.

The private balloons operating as part of the event fly (in part) in the Canberra control zone. The current rules relating to private balloon operations do not enable pilots only holding private pilot (balloon) permits to fly in controlled airspace. The current rules relating to balloon operations also do not enable balloons to fly in controlled airspace without a serviceable transponder.

CASA previously had a power under Civil Aviation Order 95.54 (Manned balloons and hot air airships — private operations) 2011 to approve applications for flight in other than Class G or Class E airspace by private hot air balloon operators. CAO 95.54 and the Part 131 MOS do not contain this power, with a deliberate intent being that the exemptions power would be used if needed for isolated instances of rule variation.

Documents incorporated by reference

As far as is relevant, subparagraph 14(1)(a)(ii) of the Legislation Act 2003 (the LA) states a legislative instrument may apply, adopt or incorporate, as in force at a particular time or as in force from time to time, the provisions of a disallowable legislative instrument.

Subsection 14(2) of the LA states, unless a contrary intention appears, a 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. A contrary intention appears in subsection 98(5D) of the Act, which states 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.

The following table contains descriptions of the documents incorporated by reference and how the documents may be obtained.

Content of instrument

Section 1 gives the instrument its name.

Section 2 states that the instrument commences on 14 March 2026 and is repealed at the end of 22 March 2026 (being the duration of the event).

Section 3 contains various definitions of terms used in the instrument. These include Canberra control zone, event, event area, event participant, event period, letter of agreement, pilot handbook and relevant air display approval. Other terms are defined in the Act or regulations.

The note under section 3 identifies the legislative instrument in which the details of the Canberra control zone can be found.

Section 4 states the instrument applies in relation to a manned free balloon by an event participant within the event area, for the purpose of the event, during the event period.

Section 5 provides an exemption from requirements in certain provisions of Part 131 of CASR (to the extent that they require compliance with certain provisions of the Part 131 MOS), and substitutes some of these with compensating safety conditions.

Subsection 5(1) provides that the event participant is exempt from complying with subregulation 131.275(1) of CASR (concerning carriage of documents), to the extent that, at the start of the operation, the documents mentioned in sub-subparagraph 5.01(1)(d)(iii)(A) of the Part 131 MOS (regarding aeronautical charts that show the lateral and vertical limits of controlled airspace) are not carried on the balloon.

Subsection 5(2) provides that the exemption under subsection (1) is subject to the condition that, at the start of the operation, the event participant carries on the balloon a copy of the map of the event area (this is the map contained in the Letter of Agreement showing the operating line and the controlled airspace).

Subsection 5(3) provides that the event participant is exempt from complying with subregulation 131.340(3) of CASR (concerning flight preparation requirements), to the extent that the participant does not comply with the requirements stated in section 12.02 of the Part 131 MOS (regarding weather assessment requirements).

Subsection 5(4) provides that the exemption under subsection (3) is subject to the condition that before each operation of the balloon, the event participant must attend a briefing, given to all the event participants by the event organiser, about the forecasted weather conditions for the operation.

Subsection 5(5) provides that the event participant is exempt from complying with subregulation 131.345(2) of CASR (concerning flight notification requirements), to the extent that the participant does not comply with the requirement stated in subsection 13.02(2) of the Part 131 MOS (regarding flight notification requirements in Class C or D airspace).

Subsection 5(6) states that subsection (7) applies if the event participant does not hold any of the qualifications mentioned in subsection 15.08(1) of the Part 131 MOS (those being a current commercial pilot (balloon) licence or a current CAR certificate of validation or an authorisation from a Part 131 approved self-administering aviation organisation (ASAO)).

Subsection 5(7) provides that the event participant is exempt from complying with subregulation 131.353(2) of CASR (concerning prescribed requirements in relation to use by a Part 131 aircraft of, specified places, including a control zone). The exemption is only to the extent that the participant does not comply with the requirement stated in subsection 15.08(1) of the Part 131 MOS (regarding the requirement to hold either a current commercial pilot (balloon) licence, a current CAR certificate of validation or an authorisation from a Part 131 ASAO).

Subsection 5(8) provides that the event participant is exempt from complying with subregulation 131.353(2) of CASR to the extent that the participant does not comply with the requirement stated in subsection 15.08(2) of the Part 131 MOS (regarding the requirement to conduct operations in a control zone in accordance with the authorised aeronautical information, which includes the Aeronautical Information Publication).

Subsection 5(9) provides that the event participant is exempt from complying with subregulation 131.354(1) of CASR (concerning radio broadcasts and reports), to the extent that the participant does not comply with the requirements stated in section 16.04 of the Part 131 MOS (regarding prescribed radio reports for controlled aerodromes and controlled airspace).

Subsection 5(10) provides that the exemption under subsection (9) is subject to the condition that the event participant complies with the requirements stated in subsection 3.2 of the letter of agreement (regarding communication protocol).

Subsection 5(11) provides that the event participant is exempt from complying with subregulation 131.460(2) of CASR (concerning requirements relating to equipment), to the extent that the participant does not comply with the requirement stated in column 3 of item 2 in Table 26.21(3) of the Part 131 MOS (regarding carriage of a surveillance equipment in any operation of a Part 131 aircraft in Classes A, B or C airspace below flight level 290).

In granting the exemptions, CASA has regarded as paramount the preservation of at least an acceptable level of aviation safety. In imposing the conditions on the exemptions, CASA has determined the conditions were necessary in the interests of the safety of air navigation.

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. 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. Also, paragraph 98(5AA)(b) 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 aircraft. The instrument is expressed to apply to a class of persons, being event participants, and a class of aircraft, being manned free balloons.

The instrument is, therefore, a legislative instrument, and 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 22 March 2026, 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

CASA provided a preliminary draft of the instrument to Airservices Australia, the event organisers and the Australian Ballooning Federation for their review and feedback. There was no feedback. CASA also conducted 3 briefings with Airservices Australia.

CASA is satisfied that no further consultation is appropriate, or reasonably practicable, for the instrument for section 17 of the LA.

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.

CASA previously used a power under Civil Aviation Order 95.54 (Manned balloons and hot air airships — private operations) 2011 to approve applications for flight in other than Class G or E airspace by private hot air balloon operators. CAO 95.54 does not include this power.

As this instrument is similar in effect to approvals granted for previous editions of this event, there will be no change of economic or cost impact on individuals, businesses or the community.

Impact on categories of operations

This instrument is likely to have a beneficial effect on ballooning operations as it will continue to allow the participation of private recreational balloon operators in the event.

Impact on regional and remote communities

This instrument is likely to have a beneficial effect on the regional community of Canberra in which this event is being held through the economic benefits that flow from the participants, and spectators of, the event that visit that community.

Office of Impact Analysis (OIA)

An Impact Analysis (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. The instrument does not engage any of the applicable rights or freedoms, and is compatible with human rights, as it does not raise any human rights issues.

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 14 March 2026 and is repealed at the end of 22 March 2026.

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

CASA EX22/26 — Canberra Balloon Spectacular 2026 Exemption 2026

The 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

The purpose of the legislative instrument is to enable the operation of a manned free balloon by participants in the air display known as “Canberra Balloon Spectacular 2026” (the event), within the event area, for the purposes of the event, during the event period from 14 to 22 March 2026.

In particular, in this context, the instrument enables a participant to operate the balloon within the Canberra control zone (which is the volume of airspace, in the vicinity of Canberra aerodrome, determined to be a control zone under paragraph 5(1)(b) of the Airspace Regulations 2007) despite not holding the relevant authorisation under the Part 131 Manual of Standards. The event participant is also exempted from meeting specified regulatory requirements relating to carriage of documents, flight preparation, flight notification, radio broadcasts and reports and carriage of an approved transponder.

Many of the exemptions are subject to conditions imposed by CASA in the interests of the safety of air navigation.

Human rights implications

The legislative instrument does not engage any of the applicable rights or freedoms.

Conclusion

The legislative instrument is compatible with human rights, as it does not raise any human rights issues.

Civil Aviation Safety Authority