CASA EX40/16 - Exemption — use of radiocommunication systems in firefighting operations (New South Wales Rural Fire Service)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2016L00228 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — use of radiocommunication systems in firefighting operations (New South Wales Rural Fire Service)

 

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 (CAR 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.

 

Subregulation 83 (1) of CAR 1988 provides that a person commits a criminal offence if the person transmits on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation and the person is not qualified to transmit on the radio frequency. The offence attracts a maximum penalty of 50 penalty units. Subregulation 83 (2) sets out the circumstances in which a person is qualified to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation. Subregulation (3) provides that an offence against the regulation is an offence of strict liability.

 

The New South Wales Rural Fire Service (NSW RFS) has been allocated certain aviation bandwidth VHF AM frequencies by Airservices Australia and the Australian Communications and Media Authority for use during bush firefighting activities.

 

During the conduct of those operations, NSW RFS personnel have a need to use radiocommunication systems for tactical aircraft-to-aircraft and air-to-ground communications. Although trained in the use of radiocommunication systems for use in firefighting operations, those personnel do not usually hold licences or certificates of the kind referred to in subregulation 83 (2) of CAR 1988 or hold pilots licences of the kind mentioned in Paragraph 61.435 of CASR 1998.

 

The effect of this exemption is to exempt members and staff of the NSW RFS from compliance with regulation 83 of CAR 1988. This exemption will enable the NSW RFS, as the owner of a radiocommunication system not installed in, or carried on, an aircraft, to permit the operation of that system by a person who is not the holder of a certificate or licence of a kind that they would otherwise be required to have completed. The NSW RFS run a training course for the use of aviation radiocommunication systems.

 

The exemption applies when they are communicating with an Australian aircraft that is engaged in fire suppression and prevention operations or training for such operations. The operators must only use the allocated aviation bandwidth VHF FM frequencies.

 

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 persons engaged in firefighting operations. The exemption is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Consultation

Consultation under section 17 of the LIA has been undertaken with the NSW RFS. The instrument is required to enable firefighting operations to take place using staff that have been given appropriate training. It renews instrument CASA EX28/13, issued to pilots in command of firefighting aircraft and the NSW RFS, which will expire at the end of February 2016. It takes into account the repeal and substitution of regulation 83 of CAR 1988 in 2013 and the introduction of Part 61 into CASR 1998 in 2014. It is consistent with other exemptions for fire-fighting services.

 

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 the day of registration. It expires at the end of February 2019, as if it had been repealed by another instrument.

 

[Instrument number CASA EX40/16]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Exemption — use of radiocommunication systems in firefighting operations
(New South Wales Rural Fire Service)

 

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 firefighting aircraft and members of the New South Wales Rural Fire Service on the ground to communicate by radio although not holding licences issued under the Civil Aviation Regulations 1988. The systems operators must only use the allocated aviation bandwidth VHF FM frequencies and must undergo specialist training.

 

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

Overview

The Civil Aviation Safety Regulations 1998 were amended through legislative instrument F2016L00228 to introduce an exemption for the New South Wales Rural Fire Service (NSW RFS) to use radiocommunication systems during firefighting operations. Enacted by the Australian Government, this exemption addresses the gap that arises from NSW RFS personnel needing to use aviation radiocommunication systems during bush firefighting activities, despite not holding the necessary licences or certificates typically required under the Civil Aviation Regulations 1988. The exemption allows trained NSW RFS personnel to operate allocated aviation bandwidth VHF FM frequencies, provided they are communicating with Australian aircraft engaged in fire suppression and prevention operations or training for such operations. The policy objective of this exemption is to facilitate efficient and safe communication during firefighting activities, ensuring that trained personnel can perform their duties without the hindrance of regulatory compliance barriers. This legislative instrument, subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, was made to ensure the safety of air navigation and has been deemed compatible with human rights under the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide a framework for ensuring the safety of air navigation in Australia, with specific provisions governing the use of radiocommunication systems. Under subregulation 11.160 of the CASR 1998, the Civil Aviation Safety Authority (CASA) has the authority to grant exemptions from certain regulatory provisions to facilitate specific operations, including firefighting activities conducted by the New South Wales Rural Fire Service (NSW RFS). This exemption allows NSW RFS members and staff, who are trained in the use of aviation radiocommunication systems for firefighting operations, to operate these systems without holding the usual licences or certificates required under subregulation 83 of the Civil Aviation Regulations 1988 (CAR 1988). The exemption applies when these personnel communicate with Australian aircraft engaged in fire suppression and prevention operations or training, provided they use the allocated aviation bandwidth VHF FM frequencies. The exemption is subject to conditions imposed by CASA to ensure the safety of air navigation and is renewable, with the current exemption set to expire in February 2019. The instrument is a legislative instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in Parliament, and is compatible with human rights as it does not engage any applicable rights or freedoms.

Key Provisions

The key provisions of the Civil Aviation Safety Regulations 1998 (CASR 1998) relevant to this exemption are found in subregulations 11.160, 11.205, 11.225, and 11.230, which allow for exemptions from certain regulations or orders if necessary for the safety of air navigation. These subregulations detail the process for granting, conditioning, publishing, and expiring such exemptions. The regulation directly impacted by this exemption is regulation 83 of the Civil Aviation Regulations 1988 (CAR 1988), which prohibits the transmission on radio frequencies used for air navigation safety unless the person is qualified. This regulation is designed to ensure that only appropriately licensed individuals operate critical communication equipment to maintain aviation safety. The obligations imposed by this exemption on the New South Wales Rural Fire Service (NSW RFS) and its personnel are primarily centred around the use of allocated aviation bandwidth VHF AM frequencies for specific purposes during bush firefighting activities. The exemption allows the NSW RFS to operate radiocommunication systems without requiring its personnel to hold the specific licences or certificates typically required under CAR 1988. However, the exemption is conditional on the personnel undergoing specialised training provided by the NSW RFS and using only the frequencies allocated for this purpose. This ensures that the operations remain safe and within the bounds of the exemption. The potential consequences for breaching the conditions of this exemption are significant. Under subregulation 83(1) of CAR 1988, any person who transmits on a radio frequency used for air navigation safety without being qualified commits a criminal offence. This offence is of strict liability, meaning that the intent of the person is irrelevant; the mere act of transmitting without qualification is sufficient for conviction. The maximum penalty for this offence is 50 penalty units, which translates to a financial penalty based on the current penalty unit value set by the Commonwealth. Non-compliance with the exemption conditions could therefore lead to criminal charges and penalties under existing aviation safety regulations.

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Aviation Law
Regulatory Law
Instrument
Regulation
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Definitions & Interpretation
Licensing & Registration
Exemptions & Exclusions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.