CASA EX25/11 – Exemption, permission and approval – dropping of articles

Overview

The Civil Aviation Regulations 1988 were enacted to provide comprehensive regulation of civil aviation in Australia, addressing the need for a cohesive framework to ensure safety and compliance within the aviation industry. The Civil Aviation (Exemption, Permission and Approval—Dropping of Articles) Instrument 2011 was introduced to address a specific operational challenge faced by Aerorescue Pty Limited in their search and rescue operations. This instrument, issued by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA), provides an exemption to certain regulations for the dropping of articles from aircraft, allowing Aerorescue to conduct their operations under conditions that differ from the standard requirements. This exemption was necessary because Aerorescue's method of dropping stores away from survivors and using a trail line for retrieval does not conform to the existing rules that mandate dropping only on clear sites. The policy objective of this exemption is to support effective search and rescue operations while maintaining the overarching safety standards of civil aviation.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) and Civil Aviation Order 29.5 (the Order) govern the dropping of articles from aircraft, with specific provisions for exemptions, permissions, and approvals. Subsection 98(1) of the Civil Aviation Act 1988 authorises the Governor-General to make regulations for the Act and the safety of air navigation, with subregulation 308(1) of the CAR 1988 allowing the Civil Aviation Safety Authority (CASA) to exempt particular aircraft, types, or categories from compliance with the regulations, subject to safety conditions. The Order, made under subregulation 150(2) of the CAR 1988, outlines CASA’s directions for dropping articles from aircraft, including specific conditions for the dropping of articles and the establishment of control zones and aircraft lanes of entry. Exemptions to certain provisions, such as those in paragraph 4.5 of the Order, can be granted by CASA under certain circumstances, such as when operations are conducted for search and rescue operations like those undertaken by Aerorescue Pty Limited, which requires exemption from specific dropping requirements due to the nature of its operations. These exemptions are subject to conditions and are considered disallowable instruments under the Legislative Instruments Act 2003, thus requiring tabling and disallowance in the Parliament. The exemption in question, issued in response to a request from Aerorescue, is effective from the day after its registration and remains in force until the end of 28 February 2013.

Key Provisions

The main provisions of the Civil Aviation Regulations 1988, as amended by the Explanatory Statement F2011L00628, concern the dropping of articles from aircraft in flight. Specifically, subsection 98(1) of the Civil Aviation Act 1988 empowers the Governor-General to make regulations concerning the Act and the safety of air navigation. Subregulation 308(1) of the Civil Aviation Regulations 1988 (CAR 1988) allows the Civil Aviation Safety Authority (CASA) to exempt certain aircraft, types, or categories from compliance with the regulations, provided that such exemptions are subject to safety conditions specified by CASA (subregulation 308(3)). Furthermore, Civil Aviation Order 29.5 (the Order) outlines CASA’s directions for dropping articles from aircraft, stipulating that dropping operations must adhere to visual flight rules and be conducted in continuous sight of the ground or water, except in certain approved zones or under specific conditions. The Act imposes several obligations and requirements on the parties it governs. For instance, any exemptions granted by CASA, as in the case of Aerorescue, must comply with the specified conditions to ensure safety. Aerorescue, for example, must ensure that its dropping operations adhere to the visual flight rules and are conducted in continuous sight of the ground or water, unless an exemption has been granted. Additionally, any dropping operations outside of approved zones must not endanger persons or livestock, as stated in paragraph 4.5 of the Order. Furthermore, any exemptions or permissions granted must be subject to the approval of CASA, which can impose specific conditions to mitigate safety risks. Breaches of the Civil Aviation Regulations 1988 can result in significant civil or criminal consequences. Under the Legislative Instruments Act 2003 (LIA), any exemption granted is considered a legislative instrument and is subject to tabling and disallowance in the Parliament (sections 38 and 42 of the LIA). If the exemption is not disallowed within the stipulated period, it becomes effective. Failure to comply with the conditions of the exemption or the provisions of the Order may lead to enforcement actions, including fines or other penalties as prescribed by the relevant aviation laws. The specific penalties for non-compliance are not detailed in the Explanatory Statement but are typically severe to ensure adherence to safety regulations.