Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — Officer in Charge
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Regulation 139.711 of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that a person must not provide an aerodrome rescue and fire fighting service at an aerodrome unless the person is approved by CASA. Norfolk Island Fire Service holds a certificate of approval issued by CASA to provide aerodrome rescue and fire fighting services (ARFFS) at Norfolk Island aerodrome.
Under regulation 139.773 of CASR 1998, an ARFFS provider must appoint, as Officer in Charge of ARFFS operations at an aerodrome categorised as category 6 or above, a person who holds an Australian Fire Competencies (AFC) Advanced Diploma that meets the requirements of the Manual of Standards (MOS).
Under paragraph 18.1.1.8 of MOS Part 139H, an Officer in Charge of ARFFS operations at a Level 1 aerodrome must be a person who holds the following qualifications:
(a) for an aerodrome categorised as category 6 and above, a minimum of an ARFFS AFC Advanced Diploma;
(b) for an aerodrome categorised as category 5 and below, a minimum of an ARFFS AFC Diploma.
Under subregulation 11.160 (1) of CASR 1998, CASA may grant an exemption from compliance with a provision of CASR 1998. 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.
The Norfolk Island Fire Service (NIFS) is an approved provider of ARFFS at Norfolk Island aerodrome at category 6. The Officer in Charge of ARFFS at the aerodrome is unwell and unable to perform his duties. The person appointed to take charge of the operations does not hold appropriate qualifications.
To ensure continued operation at category 6, CASA has granted the occupant of the position an exemption from the qualification requirements for a temporary period. The exemption is subject to conditions. These include: the Officer in Charge must have a Diploma in Fire Fighting Management; and must have completed specified units of the ARFFS AFC Advanced Diploma.
If an incident occurs at the aerodrome that requires the activation of the Aerodrome Emergency Plan (AEP), the Officer in Charge must not man the forward command post until the fireground commitment is under control and the area is safe. The Officer in Charge must be in radio contact with the forward command post if the AEP is activated and the associated forward command post is established. CASA does not consider that safety will be affected by the granting of this exemption.
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. Regulation 11.215 of CASR 1998 declares an exemption to be a disallowable instrument. 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
Consultation under section 17 of the LIA has not been undertaken because it is of a minor or machinery nature.
The instrument commences on the day after it is registered and stops having effect at the end of 1 September 2008.
The exemption has been made by a delegate of CASA in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX25/08]