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]
Overview
The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to regulate matters related to civil aviation safety, ensuring that the safety of air navigation is maintained and that the highest standards of safety are upheld. One of the key provisions under these regulations is the requirement for aerodrome rescue and fire fighting service providers to appoint a qualified Officer in Charge. The Civil Aviation Act 1988 empowers the Governor-General to make regulations that ensure the safety of air navigation, and these regulations are subject to the oversight of the Civil Aviation Safety Authority (CASA). In a specific case, CASA granted an exemption to the Norfolk Island Fire Service to temporarily allow an unqualified Officer in Charge to operate at Norfolk Island aerodrome to maintain operational continuity, subject to stringent conditions that safeguard the acceptable level of safety. This exemption was granted under the authority provided by the Civil Aviation Safety Regulations 1998 and is subject to the disallowable instrument provisions of the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, mandate that aerodrome rescue and fire fighting services at aerodromes must be provided by approved entities, with the Officer in Charge holding specific qualifications as outlined in the Manual of Standards. This regulation applies to any person or entity providing such services at aerodromes categorised as category 6 and above, ensuring compliance with safety standards to maintain an acceptable level of safety in air navigation. The Norfolk Island Fire Service, approved by the Civil Aviation Safety Authority (CASA) to operate at Norfolk Island aerodrome, sought an exemption when the Officer in Charge became temporarily incapacitated. CASA granted this exemption, subject to conditions, recognising that the appointee held a Diploma in Fire Fighting Management and had completed relevant units of the Advanced Diploma, thereby mitigating safety risks for the specified period. The exemption aligns with the overarching legislative framework, which includes the Legislative Instruments Act 2003, under which the exemption is considered a disallowable instrument, subject to parliamentary oversight. This measure ensures that while operational continuity is maintained, the paramount concern for safety in air navigation is upheld.
Key Provisions
Section 139.773 of the Civil Aviation Safety Regulations 1998 (CASR 1998) stipulates that an aerodrome rescue and fire fighting service (ARFFS) provider must appoint a suitably qualified Officer in Charge for operations at aerodromes categorised as category 6 or above. Specifically, this person must hold an Australian Fire Competencies (AFC) Advanced Diploma that complies with the Manual of Standards (MOS). However, Regulation 11.215 of CASR 1998 allows the Civil Aviation Safety Authority (CASA) to grant exemptions from certain provisions of the regulations if doing so does not compromise safety. In this particular instance, the Norfolk Island Fire Service (NIFS), which holds an approval from CASA to provide ARFFS at Norfolk Island aerodrome, has an Officer in Charge who is currently unwell and unable to perform his duties. The person appointed to take charge lacks the required qualifications. To ensure the continued operation of ARFFS at category 6, CASA has granted an exemption to the current occupant of the position from the qualification requirements for a temporary period. This exemption is conditional and includes requirements such as the Officer in Charge having a Diploma in Fire Fighting Management and completing specified units of the ARFFS AFC Advanced Diploma.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on ARFFS providers like NIFS are stringent, aimed at maintaining the highest safety standards in air navigation. Providers must ensure that the Officer in Charge of ARFFS operations at aerodromes categorised as category 6 or above meets specific qualification criteria as stipulated in the MOS. These qualifications ensure that the Officer in Charge has the necessary expertise to manage emergency situations effectively. The regulations also mandate that any exemption granted by CASA must not compromise the safety of air navigation and may be subject to specific conditions to mitigate any potential risks. In this case, CASA has imposed conditions on the exemption to ensure that the Officer in Charge has adequate knowledge and skills to manage ARFFS operations safely.
Failure to comply with the requirements set out in the Civil Aviation Safety Regulations 1998 can result in significant consequences. Under the Civil Aviation Act 1988, CASA has the authority to impose penalties for non-compliance with regulations designed to ensure air navigation safety. The maximum penalties for breaches can include substantial fines and, in severe cases, imprisonment. For example, under section 139.760 of CASR 1998, an ARFFS provider found to be operating without the required qualifications or approvals could face penalties up to $126,000 for a corporation and $25,200 for an individual. Additionally, CASA can impose conditions on exemptions, and failure to adhere to these conditions can lead to further penalties or revocation of the exemption. It is crucial for ARFFS providers to ensure compliance with these regulations to avoid these severe consequences.