CASA EX24/13 - Exemption, permission and approval - dropping of articles

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2013L00384 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption, permission and approval — dropping of articles

 

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 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 1998), 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.

 

Civil Aviation Order 29.5 (the Order) is made under subregulation 150 (2) of CAR 1988 and sets out CASA’s directions for dropping articles from aircraft in flight.

 

Subsection 3 of the Order provides that CASA may approve dropping operations to be carried out within a control zone, within an aircraft lane of entry, or within 5 miles of a Government or licensed aerodrome.

 

Paragraph 4.5 of the Order states that articles, other than leaflets or substances not in the form of liquids, powder or fine grains, shall not be dropped on a site unless it is clear of persons and stock. CASA may exempt persons from compliance with this direction.

 

Paragraph 7.2 of the Order states that except with the permission of CASA, dropping operations shall be conducted by day only, in accordance with visual flight rules, and in continuous sight of ground or water.

 

Aerorescue Pty Limited (Aerorescue) is involved in search and rescue operations and utilises a stores dropping method which involves stores being dropped away from survivors, i.e. they are not in the drop site. However, a trail line, which is attached to the stores, is dropped across the stricken vessel or survivors so that stores may be retrieved. In view of this, Aerorescue is unable to meet the requirements of paragraph 4.5 of the Order and requires an exemption from the requirements.

 

The operations undertaken by Aerorescue may be carried out at night so the instrument also permits that operations may be conducted at night. The exemption and permission are subject to conditions.

 

Legislative Instruments Act
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. Under regulation 5A of CAR 1988, if CASA has issued a Civil Aviation Order (the CAO), and CASA later issues an exemption that affects the operation of the CAO, the later document is declared to be a disallowable instrument. The instrument affects the operation of paragraph 4.5 of CAO 29.5.

 

The instrument is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Compatibility with human rights and freedoms

A statement of compatibility with human rights is at Attachment 1.

 

Consultation

Aerorescue has requested the instrument to help in search and rescue operations. Further consultation under section 17 of the LIA has not been undertaken in this case. The exemption replaces a previous instrument, CASA EX25/11, which is revoked by this instrument.

 

Commencement and making

The instrument commences on the day of registration and expires at the end of January 2016 as if it had been repealed by another instrument.

 

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 EX24/13]

Attachment 1

Statement of Compatibility with Human Rights

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

 

Exemption, permission and approval — dropping of articles

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

The legislative instrument permits aircraft operated by Aerorescue Pty Limited (Aerorescue) to conduct dropping operations contrary to the general directions issued by CASA relating to the dropping of articles.

 

The primary purpose of the legislative instrument is to allow Aerorescue to continue emergency relief and search and rescue operations that involve the dropping of articles and that would otherwise be prohibited by the Civil Aviation Regulations 1988.

 

The exemption and permission are subject to conditions imposed by CASA in the interest of safety of air navigation.

 

Human rights implications

The legislative instrument promotes the right to life and the right to health by allowing Aerorescue to drop articles that may be required for emergency relief and search and rescue purposes.

 

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

 

Conclusion

This legislative instrument is compatible with human rights as it promotes human rights.

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation and to provide regulatory frameworks for aviation safety in Australia. The problem this legislation addresses is the need for specific exemptions and permissions for certain aviation operations that might otherwise conflict with general aviation safety regulations. This particular instrument, F2013L00384, was introduced by the Civil Aviation Safety Authority (CASA) under the delegation powers granted by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The policy objective of this legislative instrument is to allow Aerorescue Pty Limited to conduct search and rescue operations that require dropping articles in a manner that deviates from the general Civil Aviation Orders, ensuring that such operations do not compromise air navigation safety. This exemption and permission are strictly conditioned by CASA to maintain the highest safety standards in air navigation.

Scope and Application

The Civil Aviation Safety Regulations 1998, specifically under subregulation 11.160, provide the Civil Aviation Safety Authority (CASA) with the authority to grant exemptions from certain regulations and orders, including the Civil Aviation Regulations 1988 and Civil Aviation Orders, in the interest of ensuring the safety of air navigation. This authority is exercised under the delegation of powers from the Civil Aviation Act 1988, which allows for the creation of regulations to promote air safety. The exemption in question applies to Aerorescue Pty Limited, enabling them to conduct dropping operations that are otherwise restricted by Civil Aviation Order 29.5, which generally prohibits the dropping of articles unless specific conditions are met, such as ensuring the drop site is clear of persons and stock. The exemption allows Aerorescue to conduct their search and rescue operations, which include dropping a trail line for retrieving stores, despite not being able to meet the specified conditions for drop sites. This exemption is subject to conditions set by CASA to ensure that it does not compromise air navigation safety and is published on the Internet as required by regulation 11.225 of the Civil Aviation Safety Regulations 1998. The exemption is also subject to disallowance in Parliament under the Legislative Instruments Act 2003 and is compatible with human rights, promoting the right to life and health through facilitating emergency relief and search and rescue operations.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide mechanisms for exemptions from certain regulatory provisions to ensure safety in air navigation. Subregulation 11.160(1) allows the Civil Aviation Safety Authority (CASA) to grant exemptions from the regulations, including the Civil Aviation Regulations 1988 (CAR 1998), and Civil Aviation Orders, provided the exemption aligns with subsection 98(5A) of the Civil Aviation Act 1988. These exemptions can apply to individuals or classes of individuals, specified by membership or other characteristics, as detailed in subregulation 11.160(2). Further, subregulation 11.205(1) mandates that conditions can be imposed on such exemptions if deemed necessary for air navigation safety. Additionally, regulation 11.225 requires these exemptions to be published on the Internet, while subregulation 11.230(1) stipulates that an exemption ceases after a specified period, not exceeding three years from its commencement. The obligations imposed by the Act and the regulations on entities such as Aerorescue Pty Limited are stringent, focusing on ensuring that any exemptions granted do not compromise the safety of air navigation. CASA must evaluate each exemption request thoroughly, considering the specific operational needs and safety implications. The exemption granted to Aerorescue, for instance, allows it to conduct dropping operations that deviate from the general directions set out in Civil Aviation Order 29.5 (the Order). However, this exemption is conditional, requiring Aerorescue to adhere to specific conditions set by CASA to mitigate any potential risks to air navigation safety. Furthermore, the exemption must be published on the Internet and will automatically cease after a maximum of three years unless otherwise specified. Breaching the conditions of an exemption or operating outside the granted permissions can result in significant legal consequences. Under the Civil Aviation Act 1988, any violation of the regulations or orders, including the unauthorised dropping of articles, can lead to both civil and criminal penalties. The specific penalties depend on the nature and severity of the breach, but they may include fines and imprisonment. The Legislative Instruments Act 2003 (LIA) further mandates that any legislative instrument, such as the exemption granted to Aerorescue, must be tabled and can be subject to disallowance by Parliament. This ensures that the legislative instrument remains subject to parliamentary scrutiny, maintaining accountability and oversight in its application.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.