CASA EX36/05 - Permission and exemption - dangerous goods and loose articles

Overview

The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to regulate civil aviation and ensure the safety of air navigation. This Act provides the framework for making regulations and granting permissions for various aspects of aviation operations, including the transportation of dangerous goods and loose articles. One such regulation, Civil Aviation Regulations 1988, includes provisions for the safe carriage of dangerous goods and the stowage of loose articles within aircraft. The policy objective of these regulations is to maintain the highest standards of safety and security in air navigation. A gap in existing regulations was identified concerning the carriage of ammunition by military and police personnel during operations in the Solomon Islands, necessitating special permissions and exemptions to accommodate their unique operational requirements while ensuring safety standards are upheld.

Scope and Application

The Civil Aviation Regulations 1988, as amended by the instrument F2005L02105, pertain specifically to Bristow Helicopters Australia Pty Ltd, which operates AS 332 Super Puma helicopters under contract with the Department of Defence for the Regional Assistance Mission to the Solomon Islands. This regulation addresses the unique requirements of military and police personnel who need to carry their unloaded weapons and ammunition on board in a manner that would otherwise be considered non-compliant with existing aviation safety regulations. Under this instrument, the operator and personnel are permitted to carry the personnel's ammunition in the cabin, provided certain safety conditions are met. This exemption allows the weapons to be held between the knees in the normal military manner and ensures that ammunition is more readily available in an emergency, conditions that are necessary for the safety and security of the personnel involved. The exemption is subject to strict requirements including the unloading of all weapons prior to embarkation, securing ammunition in the approved manner, and the inclusion of a standard operating procedure in the operator’s manual, which must be briefed to personnel before each flight. The exemption is effective from 1 August 2005 until the earlier of the end of July 2006 or the cessation of Solomon Islands operations by the operator. The exemption is a disallowable instrument under the Legislative Instruments Act 2003 and, as such, it is subject to tabling and disallowance in the Parliament.

Key Provisions

The key operative sections of this legislation concern the carriage of dangerous goods and loose articles on aircraft, particularly within the context of commercial operations in the Solomon Islands. Section 23 of the Civil Aviation Act 1988 (the Act) stipulates that dangerous goods cannot be carried on an aircraft or by a person on board without either regulatory permission or compliance with the Civil Aviation Safety Regulations 1998 (CASR). The Act also permits the Governor-General to issue regulations for the safety of air navigation, which includes the carriage of dangerous goods as detailed in Part 92 of the CASR. Subregulation 235(7) of the Civil Aviation Regulations 1988 (CAR 1988) empowers the Civil Aviation Safety Authority (CASA) to provide directions regarding the loading of persons and goods on aircraft, with subregulation 235(7A) making non-compliance an offence. Subregulation 308(1) of CAR 1988 allows CASA to exempt aircraft or persons associated with the operation of an aircraft from specified provisions of the CAR 1988, subject to safety considerations and conditions as deemed necessary. The Act imposes several obligations on the parties involved. Bristow Helicopters Australia Pty Ltd (the operator) must ensure that all ammunition carried by military and police personnel on board their aircraft is unloaded and secured in the approved manner as verified by the officer in command. This requirement extends to the carriage of ammunition on the person of the personnel, which must be secured in their webbing and confirmed by the officer in command. The operator’s operations manual must include a standard operating procedure (SOP) detailing the handling of these operations, including emergency drills. Personnel must be briefed on the SOP before each flight to ensure compliance with safety protocols. Furthermore, the exemption granted by CASA must take into account relevant safety considerations, and any exemption is subject to the conditions specified therein to maintain safety standards. Breaches of the provisions set out in this legislation can result in significant penalties. Non-compliance with CASA's directions, as stipulated in subregulation 235(7A) of CAR 1988, is an offence. While the specific maximum penalties are not detailed within the text provided, it is understood that penalties for such offences can include fines and other enforcement actions as prescribed by law. Additionally, the exemption granted by CASA is a disallowable instrument under the Legislative Instruments Act 2003 (LIA), meaning it is subject to tabling and disallowance in Parliament. This oversight ensures that the exemption aligns with legislative intent and maintains the integrity of aviation safety regulations. The exemption will cease to have effect either at the end of July 2006 or when the operator stops conducting Solomon Islands operations, whichever comes first.