CASA EX30/11 – Exemption – operations by paragliders in the Ozone Corryong Open and Australian Nationals Paragliding Championships 2011

Overview

The Civil Aviation Regulations 1988, amended by F2011L00310, were enacted to facilitate the Ozone Corryong Open and Australian Nationals Paragliding Championships 2011 by allowing certain exemptions from regulatory requirements. The Civil Aviation Act 1988 provides the framework for the safety of air navigation and empowers the Governor-General to make regulations, including exemptions, in the interest of safety. This specific exemption was introduced to address the unique circumstances of the Championships, allowing participants to operate paragliders in the vicinity of Corryong aerodrome, Victoria, without complying with certain provisions of the Civil Aviation Regulations 1988. The exemption is subject to conditions ensuring safety, such as the establishment of a ground communications station at Corryong aerodrome and the requirement for paragliders to be equipped with UHF radios. This instrument was made by the Director of Aviation Safety and is subject to disallowance in the Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 provide the regulatory framework for civil aviation safety in Australia, and section 98 of the Act empowers the Governor-General to make regulations for the Act. Subregulation 308(1) of the CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt aircraft, or persons in, on, or otherwise associated with the operation of, the aircraft, from compliance with specified provisions of the CAR 1988. This particular exemption applies to the Ozone Corryong Open and Australian Nationals Paragliding Championships 2011, enabling participants to fly paragliders in the vicinity of Corryong aerodrome, Victoria, without complying with regulation 166E of CAR 1988, which sets out requirements for operating near certified, military, registered, or designated aerodromes. The exemption is subject to conditions, such as the establishment of a ground communications station at Corryong aerodrome to inform other aircraft of the area of activity and the location of the paragliders, and requirements for all paragliders to be equipped with UHF radios and for those without serviceable VHF radios to remain clear of certain aerodromes. The exemption is also subject to the publication of a NOTAM by CASA, setting out the boundaries of the areas of activity and the applicable procedures, which pilots in command must follow. The exemption is a legislative instrument and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) include an exemption (section 308) allowing operations by paragliders during the Ozone Corryong Open and Australian Nationals Paragliding Championships 2011. This exemption, under section 98 of the Civil Aviation Act 1988, permits deviation from certain regulatory requirements to facilitate the event. Specifically, the exemption enables paraglider operations to occur near Corryong aerodrome, Victoria, without adhering to regulation 166E, which generally governs operations in the vicinity of aerodromes. This exemption is conditional, necessitating the establishment of a ground communications station at Corryong aerodrome to communicate with other aircraft about the area of activity and paraglider locations. Additionally, paragliders must be equipped with UHF radios, and those without serviceable VHF radios must avoid all aerodromes except Corryong, unless otherwise designated by CASA under regulation 166D. The parties involved, including the Championship organisers and participants, have specific obligations under this exemption. They must comply with the procedures set out in a NOTAM (Notice to Airmen) published by CASA, which delineates the areas of activity and operational procedures. The ground communications station at Corryong aerodrome must be operational daily during the competition to ensure safety and coordination with other airspace users. Moreover, all paragliders must be equipped with the requisite UHF radios to maintain communication with the ground station and other aircraft. The Championship organisers, in coordination with CASA, have ensured that the necessary NOTAM is published and that all participants are aware of and comply with the stipulated procedures. Failure to adhere to the conditions of this exemption could result in various consequences. The exemption is a legislative instrument and, as such, is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. Non-compliance with the conditions set forth in the exemption could potentially lead to regulatory action under the Civil Aviation Act 1988. Although the specific penalties for breaches are not detailed in the provided text, general aviation regulations typically include fines and other penalties for violations that compromise safety. The exemption is strictly time-bound, commencing on 26 February 2011 and expiring at the end of 5 March 2011, ensuring that all activities are conducted within the specified timeframe and regulatory framework.