Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — operations by sport and recreational aircraft in restricted area R979A (Avalon Air Show 2015)
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, or a provision of the Civil Aviation Orders (the CAOs), 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.
Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Instrument
The purpose of this exemption is to enable the operation of certain sport and recreational aircraft in a restricted area (RA) during the Australian International Air Show 2015 (the Avalon Air Show). The instrument repeals CASA EX171/14 and makes a minor typographical amendment in clause 4 of Schedule 1.
The exemption allows operators and pilots in command of those aircraft to operate in the RA, subject to their meeting the required conditions. The aircraft to which the exemption applies are aircraft operated in accordance with Civil Aviation Orders 95.10, 95.12, 95.12.1, 95.32 and 95.55. Civil Aviation Order (CAO) 95.10 applies to privately-built, single-place ultralight aeroplanes. CAO 95.12 and CAO 95.12.1 apply to gyroplanes. CAO 95.32 applies to weight-shift controlled aeroplanes and powered parachutes. CAO 95.55 applies to a variety of ultralight aircraft that meet one of the different sets of criteria set out in section 1 of that CAO.
The instrument exempts the aircraft to which CAO 95.10, CAO 95.12, CAO 95.12.1, CAO 95.32 or CAO 95.55 applies from provisions set out in section 4 of the instrument. These provisions deal with airworthiness requirements and maintenance, radio systems, flight conditions and flight rules, lighting, operating crew, startup of engines, emergency systems and flights over water. All aircraft taking advantage of the exemption must be registered with Recreational Aviation Australia Incorporated (the RAA), the Hang Gliding Federation of Australia Incorporated (the HGFA), or the Australian Sport Rotorcraft Association (the ASRA).
Operation of aircraft in accordance with the above CAOs is subject to conditions on a range of matters, including operational restrictions in Class C and Class D airspace.
The effect of CASA EX29/15 is to allow the applicable aircraft to operate in the RA (being Class C and Class D airspace) without complying with those particular conditions, but subject to compliance with all the other conditions in the CAOs. There are also additional conditions in Schedule 1 of the instrument that must be met by the aircraft and its pilot in command for all operations in the RA. Aircraft to which the exemption applies must be fitted with a radio capable of two-way communication with Air Traffic Control. The pilot in command must hold a pilot certificate with a radio operator endorsement. He or she must comply with procedures published in an Aeronautical Information Publication and applicable to the Avalon Air Show. Pilots in command must also have the authorisation of the organiser of the Avalon Air Show and approval from the RAA, the HGFA or the ASRA stating that they have demonstrated the necessary competencies to conduct the operation safely.
Legislative Instruments Act 2003 (the LIA)
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the Regulations or the CAOs. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The exemption applies to classes of aircraft and classes of persons. The exemption is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
For section 17 of the LIA, CASA consulted the organisers of the Avalon Air Show, the RAA, the HGFA, the ASRA, Airservices Australia and the aerodrome operator. A similar instrument was issued for the Australian International Air Show 2013 (CASA EX12/13 refers). CASA’s policy on sport and recreational aircraft participation at this event has not changed and no adverse comments were received from consulted parties.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).
Making and commencement
The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
The instrument commences on 23 February 2015 and expires, as if it had been repealed by another instrument, at the end of 2 March 2015.
[Instrument number CASA EX29/15]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — operations by sport and recreational aircraft in restricted area R979A (Avalon Air Show 2015)
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 the operation of certain sport and recreational aircraft in a restricted area during the Australian International Air Show 2015 at Avalon, Victoria (Avalon Air Show) between 23 February 2015 and 2 March 2015.
The primary purpose of the legislative instrument is to allow pilots in command of sport and recreational aircraft to attend or participate in the Avalon Air Show, subject to compliance with conditions imposed by CASA in the interests of aviation safety.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority