Explanatory Statement
Civil Aviation Regulations 1988
Exemption, permission and approval — dropping of articles
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.
Subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may, in relation to a particular aircraft or specified type or category of aircraft, exempt that aircraft, type or category from compliance with the regulations. Subregulation 308 (3) provides that the exemption is subject to the aircraft complying with any conditions specified by CASA as being necessary in the interests of safety. Under subregulation 308 (4), the exemption is a disallowable instrument for section 46A of the Acts Interpretation Act 1901.
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
Subregulation 308 (4) of CAR 1988 declares any exemption to which it applies 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
Consultation under section 17 of the LIA has not been undertaken in this case. The exemption has been issued at the request of Aerorescue to help in search and rescue operations.
The exemption commences on the day after it is registered and stops having effect at the end of 28 February 2013.
The exemption has been issued by the Director of Aviation Safety, on behalf of CASA, under subsection 73 (2) of the Act.
[Instrument number CASA EX25/11]