Explanatory Statement
Civil Aviation Regulations 1988
Exemption — operations by paragliders in the Ozone Corryong Open and Australian Nationals Paragliding Championships 2011
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 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of, the aircraft, from compliance with specified provisions of CAR 1988. Subregulation 308 (2) provides that before making an exemption, CASA must take into account any relevant considerations relating to the interests of safety. Subregulation 308 (3) provides that CASA may make an exemption subject to any condition specified in the exemption as being necessary in the interests of safety.
This exemption is required because of the decision to hold the Ozone Corryong Open and Australian Nationals Paragliding Championships 2011 (the Championships).
This exemption will enable the operation of participants in the Championships to fly a paraglider in the vicinity of Corryong aerodrome, Victoria, without complying with regulation 166E of CAR 1988. Regulation 166E contains requirements for operating in the vicinity of certified, military, registered or designated aerodromes. Corryong is a registered aerodrome.
The exemption is subject to several conditions. A ground communications station must be established at Corryong aerodrome and operate daily during the competition. This station will advise other aircraft of the area of activity and location of the paragliders. Paragliders not equipped with serviceable VHF radios must remain clear of all certified, registered or military aerodromes, other than Corryong, and any other aerodromes designated by CASA under regulation 166D of CAR 1988. All paragliders must be equipped with UHF radios.
The Championship organisers have arranged with CASA for the publication of a NOTAM setting out the boundaries of the areas of activity and the applicable procedures. The pilots in command must comply with the procedures published in the NOTAM.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 declares an exemption 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
CASA has consulted with the Hang Gliding Federation of Australia Incorporated and the Championship organisers. The terms of the exemption have been agreed.
The instrument commences on 26 February 2011 and stops having effect at the end of 5 March 2011.
The instrument has been made by the Director of Aviation Safety under subsection 73 (2) of the Act.
[Instrument number CASA EX30/11]