Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — provision of ARFFS training facilities at Avalon, Broome, Hamilton Island, Karratha, Launceston, Sunshine Coast, Rockhampton and Townsville aerodromes
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Subpart 139.H of the Civil Aviation Safety Regulations 1998 (CASR 1998) applies to aerodrome rescue and firefighting services (ARFFS).
Airservices Australia
Airservices Australia (AA) holds a certificate of approval issued by CASA under Division 139.H.5 of CASR 1998 to provide ARFFS at various aerodromes and is, therefore, an approved provider, subject to the requirements of Subpart 139.H of CASR 1998 and the Manual of Standards for subpart 139H (the MOS).
Exemptions
Under subregulation 11.160 (1) of CASR 1998, CASA may grant an exemption from compliance with a provision of CASR 1998. AA has applied for an exemption. In deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety.
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 11.210, it is an offence to fail to comply with a condition of an exemption.
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.
Subregulation 139.772 (1) of CASR 1998 requires that an ARFFS provider must provide, among other things, training facilities. Subregulation 139.772 (2) provides that those facilities must comply with any applicable requirement in the MOS. Paragraph 22.1.6.1 of MOS Part 139.H requires the establishment of “hot fire” training facilities at all ARFFS locations. There are a number of ARFFS locations that do not have the required “hot fire” training facilities.
Environmental issues are placing increasing pressure on the ARFFS to rationalise the number of “hot fire” training facilities to reduce environmental impact. CASA has issued an exemption from the requirements to have a “hot fire” training facility at each ARFFS location. Training will continue to be provided at other locations. The exemption is subject to a number of conditions.
Legislative Instruments Act
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or Civil Aviation Orders. 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 instrument applies to a class of persons and is, therefore, legislative. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).
Consultation
Consultation under section 17 of the LIA has not been undertaken. This is a remake of a previous exemption (CASA EX04/11) to include an additional aerodrome.
Human Rights Compatibility
This instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.
Commencement and making
The instrument commences on the day after registration and stops having effect at the end of February 2015.
The exemption has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX40/12]
Overview
The Civil Aviation Safety Regulations 1998, amended by F2012L00709, address the need for flexibility in the provision of aerodrome rescue and firefighting services (ARFFS) training facilities, particularly in light of environmental concerns and the need to rationalise resources. The Civil Aviation Act 1988 allows the Governor-General to enact regulations for the safety of air navigation, and the Civil Aviation Safety Authority (CASA) has the authority to grant exemptions from these regulations if necessary. Airservices Australia, an approved provider of ARFFS, has applied for an exemption to alleviate the pressure on ARFFS to establish "hot fire" training facilities at each location due to environmental issues. CASA has granted this exemption, subject to conditions aimed at maintaining safety standards, and it is subject to the oversight and disallowance provisions of the Legislative Instruments Act 2003. The exemption, which does not engage any human rights issues, applies to a class of aerodromes and will cease after a specified period, ensuring that the exemption is temporary and safety-focused.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, govern aerodrome rescue and firefighting services (ARFFS) in Australia, with Airservices Australia being a key approved provider under these regulations. The Civil Aviation Act 1988 authorises the Governor-General to make regulations for the safety of air navigation, and the Civil Aviation Safety Regulations 1998 are made under this authority. The Act applies to persons and entities involved in civil aviation, including ARFFS providers, and it has a national jurisdictional reach, affecting all aerodromes within Australia. The Act also extends its application through subordinate instruments, which can include exemptions and conditions to ensure compliance with safety standards while accommodating specific circumstances or mitigating environmental impacts. In this instance, Civil Aviation Safety Authority (CASA) has granted an exemption from the requirement to have "hot fire" training facilities at certain aerodromes, subject to specific conditions to ensure safety standards are maintained. This exemption, which is a legislative instrument, is subject to parliamentary oversight under the Legislative Instruments Act 2003, although consultation was not undertaken for this specific exemption. The exemption is compatible with human rights as it does not raise any issues in that regard, and it will cease to have effect at the end of February 2015.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) contain specific requirements for aerodrome rescue and firefighting services (ARFFS), including the provision of training facilities (Subregulation 139.772). These facilities must comply with the Manual of Standards for subpart 139H (MOS) (Subregulation 139.772(2)), which mandates the establishment of "hot fire" training facilities at all ARFFS locations (Paragraph 22.1.6.1 of MOS Part 139.H). However, due to environmental concerns and the need to reduce the environmental impact, the Civil Aviation Safety Authority (CASA) has issued an exemption from this requirement for certain aerodromes, including Avalon, Broome, Hamilton Island, Karratha, Launceston, Sunshine Coast, Rockhampton, and Townsville. This exemption allows for the rationalisation of "hot fire" training facilities to address these pressing issues while ensuring that training continues to be provided at other locations.
Airservices Australia (AA) holds a certificate of approval under Division 139.H.5 of CASR 1998 to provide ARFFS at various aerodromes and is subject to the requirements of Subpart 139.H of CASR 1998 and the MOS. The exemption issued by CASA is subject to specific conditions (Subregulation 11.205(1) of CASR 1998) and must be published on the Internet (Regulation 11.225 of CASR 1998). The exemption ceases on the specified date or, if no date is specified, three years after its commencement (Subregulation 11.230(1) of CASR 1998). Failure to comply with the conditions of an exemption is an offence (Regulation 11.210 of CASR 1998).
Under subsection 98(5A) of the Civil Aviation Act 1988 (the Act), CASA may grant an exemption from compliance with a provision of the regulations or Civil Aviation Orders. The exemption issued is a legislative instrument and, as such, is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA) (subsection 98(5A)(a) of the Act). Although consultation under section 17 of the LIA has not been undertaken, this exemption is a remake of a previous exemption (CASA EX04/11) to include an additional aerodrome. The exemption is compatible with human rights as it does not raise any human rights issues. The instrument commences on the day after registration and stops having effect at the end of February 2015. The exemption has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73(2) of the Act (Instrument number CASA EX40/12).