CASA EX44/08 – Exemption – provision of ARFFS at Broome International Airport

Overview

The Civil Aviation Safety Regulations 1998, amended by F2008L02394, address the need for a temporary exemption to allow Airservices Australia to provide aerodrome rescue and firefighting services (ARFFS) at Broome International Airport. This legislative instrument was introduced to ensure the safety and continuity of ARFFS at the airport until Airservices Australia can meet all Civil Aviation Safety Authority (CASA) requirements by 31 December 2008. The exemption was granted under subregulation 11.160(1) of the Civil Aviation Safety Regulations 1998, with CASA considering the paramount importance of preserving an acceptable level of safety. Conditions may be imposed on the exemption if necessary for the safety of air navigation, as per subregulation 11.205(1) of the Civil Aviation Safety Regulations 1998. The exemption is subject to disallowance by the Parliament under the Legislative Instruments Act 2003, and consultation was conducted with relevant parties, resulting in no adverse comments. The exemption comes into effect on 2 July 2008 and ceases at the end of 31 December 2008.

Scope and Application

The Civil Aviation Safety Regulations 1998 apply to the provision of aerodrome rescue and firefighting services (ARFFS) at aerodromes within Australia, ensuring that ARFFS providers meet specific safety standards to handle aviation accidents or incidents. Airservices Australia, as an approved ARFFS provider, is required to comply with these regulations, including maintaining a safety management system and managing changes in equipment and procedures in line with the Manual of Standards. Exemptions from certain regulatory requirements can be granted by the Civil Aviation Safety Authority (CASA) under certain conditions, primarily to preserve an acceptable level of safety. These exemptions are subject to conditions and must be published on the World Wide Web, ceasing no later than two years after their commencement. The exemption in question, which allows Airservices Australia to provide ARFFS at Broome International Airport until specific safety requirements are met, is a legislative instrument subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. The exemption, effective from 2 July 2008 until the end of 31 December 2008, was made by a delegate of CASA and follows consultation with relevant parties.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) contain provisions that mandate aerodrome rescue and firefighting services (ARFFS) at various airports, including those outlined in Subpart 139H. Under these regulations, ARFFS providers, such as Airservices Australia (AA), must possess the requisite knowledge, equipment, and expertise to manage potential hazards arising from aviation accidents or incidents (reg. 139.765). Moreover, a compliance system must be in place to ensure adherence to the Manual of Standards (MOS) (reg. 139.890). Additionally, a safety management system must be established, incorporating necessary policies, procedures, and practices (reg. 139.900). This system should also manage changes in equipment, procedures, and service levels as stipulated in the MOS (reg. 139.895). For AA to provide ARFFS at Broome International Airport, certain obligations and requirements must be fulfilled. Primarily, AA must ensure that its ARFFS personnel are adequately trained and equipped to handle aviation emergencies. This includes maintaining the necessary certifications and complying with all operational standards set forth in the MOS. AA is also required to implement robust safety management practices, including regular audits and reviews to ensure ongoing compliance with CASR 1998. Furthermore, AA must establish a system for managing changes to its services and ensuring that these changes do not compromise safety. Failure to comply with the conditions of the exemption provided by the Civil Aviation Safety and Rescue (CASA) can lead to significant consequences. Under regulation 11.210 of CASR 1998, it is an offence to fail to comply with a condition of an exemption. Penalties for such an offence may include fines and other legal actions. Additionally, CASA has the authority to impose conditions on the exemption if necessary for the safety of air navigation, and non-compliance with these conditions can result in further penalties. It is crucial that AA meets all requirements by the specified deadline, 31 December 2008, to avoid any legal repercussions. The exemption itself is subject to the Legislative Instruments Act 2003 (LIA). According to the LIA, the exemption is considered a disallowable instrument and is thus subject to tabling and disallowance in Parliament. This process ensures that the exemption is properly scrutinized before it takes effect. CASA has already undertaken the necessary consultation with AA and other relevant parties, with no adverse comments received. The exemption comes into effect on 2 July 2008 and will cease to have effect at the end of 31 December 2008, unless extended or otherwise modified by CASA. The exemption was made by a delegate of CASA in accordance with subregulation 7(1) of CAR 1988.