Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — provision of ARFFS at Broome International Airport
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Subpart 139H of the Civil Aviation Safety Regulations 1998 (CASR 1998) applies to aerodrome rescue and firefighting services.
Airservices Australia
Airservices Australia (AA) holds a certificate of approval issued by CASA under regulation 139.711 of CASR 1998 to provide aerodrome rescue and fire fighting services (ARFFS) at various aerodromes and is, therefore, an approved provider subject to the requirements of Subpart 139H of CASR 1998 and the Manual of Standards (the MOS).
Regulation 139.765 of CASR 1998 provides that an ARFFS provider must have the knowledge, equipment and expertise to deal with any hazard likely to arise during an aviation accident or incident, including any hazard mentioned in the MOS.
Regulation 139.890 of CASR 1998 states that there must be a system, in accordance with the standards or requirements set out in the MOS, to ensure that the service complies with the requirements of this Subpart. Regulation 139.895 states that there must be a system, in accordance with the MOS to manage changes in equipment and procedures, what the service does, the level or kinds of service provided and the way the service is provided.
Regulation 139.900 of CASR 1998 states that there must be a safety management system for the service in accordance with the MOS, including the policies, procedures and practices necessary to provide the service safely.
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 World Wide Web. Under subregulation 11.230 (1) an exemption ceases on the day specified within it (but no longer than 2 years after its commencement), or if no day is specified, 2 years after commencement.
The exemption will allow the provision of ARFFS at Broome International Airport by AA until the safety case is completed and all the CASA requirements are met. It is important that ARFFS is maintained at the airport. AA must meet all requirements by 31 December 2008.
Legislative Instruments Act
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. Regulation 11.215 of CASR 1998 declares an exemption to be a disallowable instrument. 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 under section 17 of the LIA has been undertaken. CASA consulted AA. AA also consulted the previous airport operator. No adverse comments were received.
The instrument comes into effect on 2 July 2008. It stops having effect at the end of 31 December 2008.
The exemption has been made by a delegate of CASA in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX44/08]