Explanatory Statement
Civil Aviation Regulations 1988
Exemption — operations by sport and recreational aircraft in restricted area R979A
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.
Subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of, the aircraft, from compliance with specified provisions of CAR 1988. Subregulation 308 (2) provides that before making an exemption, CASA must take into account any relevant considerations relating to the interests of safety. Subregulation 308 (3) provides that CASA may make an exemption subject to any condition specified in the exemption as being necessary in the interests of safety.
The purpose of this exemption is to enable the operation of certain sport and recreational aircraft in a restricted area (RA) during the Australian International Air Show 2011 (the Air Show).
The exemption allows those aircraft to operate in the RA, subject to their meeting the required conditions. The aircraft to which the exemption applies are aircraft operated in accordance with Civil Aviation Order (CAO) 95.8, CAO 95.10, CAO 95.32 and CAO 95.55. CAO 95.8 applies to hang gliders, CAO 95.10 applies to privately-built, single-place ultralight aeroplanes. CAO 95.32 applies to weight-shift controlled aeroplanes and powered parachutes. CAO 95.55 applies to a variety of aircraft that have to meet one of the different sets of criteria set out in section 1 of that CAO. The aircraft have to be registered with Recreational Aviation Australia Incorporated (RAA) or the Hang Gliding Federation of Australia Incorporated.
All these CAOs provide their exemptions subject to compliance with sets of conditions relating to a variety of matters. In CAO 95.8, hang glider operations in Class C and D airspace are restricted by sub-subparagraph 4.7 (e) (iii). In the other 3 CAOs, 1 of the conditions, subparagraph 5.1 (e), prohibits flights in active restricted or prohibited areas.
The effect of the exemption is to allow the relevant aircraft to operate in the RA without complying with those particular conditions but subject to compliance with all the other conditions in the CAOs. There are also additional conditions in Schedule 1 of the exemption that have to be met by the aircraft and are conditions for all aircraft operations in the RA. All the aircraft have to be fitted with a radio capable of two-way communication with Air Traffic Control. The pilot in command must hold a pilot certificate with a radio operator endorsement. He or she must comply with procedures published in an Aeronautical Information Publication (AIP) and applicable to the Air Show.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
CASA has consulted with air space users and the provider of Air Traffic Control services. The terms of the exemption have been agreed to.
The instrument commences on 24 February 2011 and stops having effect at the end of 8 March 2011.
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, under subsection 73 (2) of the Act.
[Instrument number CASA EX23/11]