Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA EX46/22 — Amendment of CASA EX81/21 (Aerobatic Activities, Experimental Aircraft, and Other Matters) Instrument (No. 1) 2022
Purpose
The purpose of this instrument is to insert a number of additional exemptions and directions into CASA EX81/21 – Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021 (CASA EX81/21 or the principal exemptions instrument).
CASA EX81/21 made a number of exemptions against Part 91 of CASR that will facilitate implementation of Part 91 in accordance with CASA’s transition policies for Part 91 of CASR. Part 91 is a comprehensive code of general flight and operational safety rules for Australian-registered aircraft wherever located, and for foreign‑registered aircraft in Australian territory. Part 91 contains the baseline rules for “private operations”.
The previous exemptions in CASA EX81/21 were designed to correct technical errors and omissions in Part 91 which gave rise to unintended obligations. Those errors and omissions will be rectified in the next set of amendments to the Part but, in the meantime, until those amendments are made, it was considered necessary to use exemptions to provide relevant areas of the aviation industry with relief from having to comply with certain requirements and directions, adherence to which at the time may not have ensured safety compliance. The new Part 91 commenced on 2 December 2021.
On further review of Part 91, post-2 December 2021, it was considered that CASA EX46/22 — Amendment of CASA EX81/21 (Aerobatic Activities, Experimental Aircraft, and Other Matters) Instrument (No. 1) 2022 (the exemptions and directions instrument) was urgently required to add 3 additional exemptions (and related directions) (each subject to safety conditions).
These are: first, to exempt the Australian Aerobatic Club, its affiliated Clubs who organise an aerobatic activity in the vicinity of a non-controlled aerodrome and within specific, NOTAMed airspace (known as an aerobatic box), and the pilots in command of aircraft participating in the activity, from the lookout, circuit pattern, broadcast and listening watch requirements when operating in the vicinity of a non-controlled aerodrome; secondly, to exempt the operators and the pilots in command of certain experimental aircraft from the requirement to have approval for flight over a public gathering, and from the requirement to have approval to fly over a populous area that is not the built-up area of a city or a town; and thirdly, to exempt the operators of certain experimental aircraft from a prohibition on glider towing.
Legislation — exemptions
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Subpart 11.F of CASR deals with exemptions. Under subregulation 11.160 (1), and for subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from a provision of CASR in relation to a matter mentioned in subsection 98 (5A). Subsection 98 (5A) matters are, in effect, those affecting the safety, airworthiness or design of aircraft.
Under subregulation 11.160 (2), an exemption may be granted to a person or a class of persons. Under subregulation 11.160 (3), CASA may grant an exemption on application, or on its own initiative. Under subregulation 11.170 (3), for an application for an exemption, CASA must regard as paramount the preservation of an acceptable level of safety. For making a decision on its own initiative, CASA is guided by the requirement in subsection 9A (1) of the Act that in exercising its powers and functions CASA must regard the safety of air navigation as the most important consideration.
Under regulation 11.205, 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 a strict liability offence not to comply with the obligations imposed by a condition. Under regulation 11.225, CASA must, as soon as practicable, publish on the internet details of all exemptions under Subpart 11.F.
Legislation — directions
Under paragraph 11.245 (1) (a) of CASR, for subsection (5A) of the Act, CASA may, by instrument, issue a direction about any matter affecting the safe navigation and operation of aircraft. Under subregulation 11.245 (2), CASA may issue such a direction only if CASA is satisfied that it is necessary in the interests of safety, only if the direction is not inconsistent with the Act, and only for the purposes of CASA’s functions.
Under regulation 11.250, a direction ceases to be in force on a day specified in the instrument or, if no day is specified, 1 year after the instrument commences. Under subregulation 11.255 (1), it is an offence to contravene a direction under regulation 11.245 that is applicable to the person.
Legislation — CASR
Relevantly, under regulation 91.375 of CASR, the pilot in command of an aircraft for a flight contravenes subregulation (1) if the aircraft is operated in the vicinity of a non‑controlled aerodrome, and the requirements to the following effect mentioned in paragraphs (2) (a) and (c) are not met:
- the pilot must keep a lookout for other aircraft that are being operated in the vicinity of the aerodrome to avoid a collision
- if the pilot is flying the aircraft in the vicinity of the aerodrome — the pilot must join, or avoid, the circuit pattern for the aerodrome.
Relevantly, under subregulation 91.630 (1) of CASR, the pilot in command of an aircraft contravenes this subregulation if:
(a) the aircraft is fitted with, or carries, a radio; and
(b) during flight, they do not make a broadcast or a report relating to the flight that is prescribed by the Part 91 Manual of Standards.
Relevantly, under subregulation 91.640 (1) of CASR, the pilot in command of an aircraft contravenes this subregulation if:
(a) the aircraft is fitted with, or carries, a radio; and
(b) the aircraft is flown by a pilot who is qualified, eligible or authorised to use the radio; and
(c) the aircraft is outside controlled airspace; and
(d) radio transmissions are not continuously monitored by the pilot in command or another pilot who occupies a pilot seat during the flight.
Relevantly, under subregulation 91.875 (1) of CASR, the operator and the pilot in command of an aircraft each contravene this subregulation if:
(a) an experimental certificate has been issued for the aircraft; and
(b) a requirement mentioned in subregulation (2) is not met for a flight.
Under subregulation (2), the requirements are as follows:
(a) the flight must be either:
(i) for a purpose mentioned in paragraphs 21.191 (g) of CASR (operating an amateur-built aircraft); (h) (operating a kit-built aircraft); (j) (operating certain light sport aircraft); and (k) (operating certain other light sport aircraft) for which the experimental certificate for the aircraft was issued; or
(ii) an operation of a kind mentioned in paragraph 91.880 (f) (a demonstration flight);
(b) if the flight is over a populous area — the holder of the experimental certificate must hold an approval under regulation 91.045 or 91.050 for the purposes of paragraph (f);
(c) if the flight is over a public gathering — the holder of the experimental certificate must hold an approval under regulation 91.045 or 91.050 for the purposes of paragraph (g).
Description of the exemptions and directions instrument
The way in which the exemptions and directions instrument operates is described in Appendix 1. In addition to the 3 exemptions (with associated directions), the opportunity has been taken to make 2 minor corrections to the principal exemptions instrument. (Note: for those seeking to have the benefit of an exemption, an Explanatory Statement is never a substitute for reading the terms of the exemption, including the scope of its application, and its conditions.)
Legislation Act 2003 (the LA)
As noted above, exemptions under Subpart 11.F of CASR are “for subsection 98 (5A)” of the Act, that is, for regulations which empower the issue of certain instruments, like exemptions, in relation to “(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft”, and “(b) the airworthiness of, or design standards for, aircraft”.
The exemption is clearly one in relation to matters affecting the safe navigation and operation of aircraft. Under subsection 98 (5AA) of the Act, an exemption issued under paragraph 98 (5A) (a), for such matters, is a legislative instrument if expressed to apply in relation to a class of persons, a class of aircraft or a class of aeronautical products (as distinct from a particular person, aircraft or product).
The exemption applies to a class of persons and is, therefore, a legislative instrument subject to registration, and tabling and disallowance in the Parliament, under sections 15G, and 38 and 42, of the LA.
Sunsetting
As the instrument relates to aviation safety and is made under CASR, that means that Part 4 of Chapter 3 of the LA (the sunsetting provisions) does not apply to the instrument (as per item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015). The instrument deals with aviation safety matters that, once identified, require a risk response or treatment plan. Generally speaking, item 15, when invoked, is necessary in order to ensure that, in the interests of aviation safety, a relevant instrument has enduring effect, certainty and clarity for aviation operators both domestic and international.
In this case, the instrument amends the principal exemptions instrument and is almost immediately spent and repealed in accordance with the automatic repeal provisions in Subdivision A in Division 1 of Part 3 of Chapter 3 of the LA. The principal exemptions instrument is itself repealed at the end of 1 December 2024 by virtue of the terms of paragraph 2 (b) of the principal exemptions instrument. Thus, in practice, no sunsetting avoidance issues arise and there is no impact on parliamentary oversight.
Incorporations by reference
Under subsection 98 (5D) of the Act, the instrument may apply, adopt or incorporate any matter contained in any instrument or other writing. A non-legislative instrument may be incorporated into a legislative instrument made under the Act, as that non‑legislative instrument exists or is in force at a particular time or from time to time (including a non-legislative instrument that does not exist when the legislative instrument is made).
Under paragraph15J (2) (c) of the LA, the Explanatory Statement must contain a description of the incorporated documents and indicate how they may be obtained. The Table below identifies the documents mentioned in the instrument that are applied, adopted, or incorporated. The Table also identifies how the document may be obtained.
References to provisions of CASR are taken to be as they are in force from time to time, by virtue of paragraph 13 (1) (c) of the LA. CASR is freely available online on the Federal Register of Legislation.
Document | Description | Manner of incorporation | Source |
NOTAMs | NOTAMs are important airspace notices for aviators, and are part of the Aeronautical Information Publication (AIP).
The AIP is published by Airservices Australia to disseminate information relevant to aviation participants on matters essential to safe air navigation.
For this instrument, NOTAMs identify relevant aerobatic boxes for aerobatic activity. | As in force or existing from time to time. | The AIP is available for free on the Airservices Australia website www.airservicesaustralia.com/aip/aip.asp. |
The rules and procedures of the Australian Aerobatic Club and its affiliates (the Club). | The rules and procedures govern the conduct of aerobatic activity under the auspices of the Club. | As in force or existing from time to time. | The rules and procedures are the intellectual property of the Club which may or may not choose to make them publicly available. |
Further information
The rules and procedures are copyright, commercial products for which there may be a cost to obtain a copy. CASA has no effective control over these costs (if any) and it is considered extremely unlikely that the relevant owner of the intellectual property in the documents would sell CASA the copyright at a price that would be an effective and efficient use of CASA’s appropriated funds, or would otherwise permit CASA to make the document freely available.
CASA has incorporated the documents in the instrument because they are appropriate and necessary in the interests of aviation safety.
CASA has noted the views of the Senate Standing Committee for the Scrutiny of Delegated Legislation (expressed under its former name of the Senate Standing Committee on Regulations and Ordinances in its report Parliamentary scrutiny of delegated legislation, tabled out of session on 3 June 2019) that:
The incorporation of material by reference (particularly where that material is not publicly available) has been a longstanding concern for the committee. [para 3.65]
and:
The committee appreciates that it may in some cases be costly to provide free, public access to all incorporated Australian and international standards. Nevertheless, the committee reiterates that one of its core functions is to ensure that all persons subject to or interested in the law may readily and freely access its terms. It intends to continue to monitor this issue. Any justification for a failure to provide for public access to incorporated documents, and any action the committee takes in relation to this matter, will be determined on a case-by-case basis. [para 3.75]
CASA appreciates the Committee’s concern and to mitigate the situation as far as currently practicable proposes that where an incorporated document is copyright and not otherwise freely available to the general public, but is available to CASA as a licenced subscriber or otherwise, CASA will, by prior arrangement, make CASA’s copy available, for in situ viewing, free of charge, at a nominated office of CASA.
Consultation
Under section 16 of the Act, in performing its functions and exercising its powers, CASA must consult government, industrial, commercial consumer and other relevant bodies and organisations insofar as CASA considers such consultation to be appropriate.
Under section 17 of the LA, before a legislative instrument is made, CASA must be satisfied that it has undertaken any consultation it considers appropriate and practicable in order to draw on relevant expertise and involve persons likely to be affected by the proposals.
Exemptions from regulatory requirements are considered to be beneficial for those to whom they apply, who voluntarily elect to take advantage of them, and who comply with their conditions. It is, therefore, rarely necessary to engage in extensive public consultation on a proposed exemption. However, it is CASA’s policy to consult, where possible, in an appropriate way with those parts of the aviation industry most likely to avail themselves of, or be affected by, an exemption so that they may have the opportunity to comment on the possible or likely terms, scope and appropriateness of the exemption.
For the principal exemptions instrument, CASA consulted the aviation community in June 2020 on the policy proposals that ultimately gave rise to the exemptions and directions instrument. A summary of the consultation feedback and CASA’s disposition of comments received was published on the CASA website in December 2020.
In addition, for the principal exemptions instrument, from 16 July to 6 August 2021, CASA consulted the aviation community by providing descriptions of the exemptions and directions to the Implementation Technical Working Group (TWG) of the Aviation Safety Advisory Panel (ASAP) for comment. The ASAP is the primary advisory body through which CASA directs its engagement with industry and seeks input on current and future regulatory and associated policy approaches.
CASA considered all TWG input and, in finalising this exemption instrument, has also received and considered additional input about transitional issues. CASA advised the TWG of its responses and comments regarding all input from the TWG, and considered that no further consultation is necessary or appropriate.
In respect of the 3 specific exemptions in the exemptions and directions instrument, it is considered that formal consultation is not necessary or appropriate. This is the case since the exemptions are:
- continuing the relevant and appropriate effects of expired or expiring exemptions (CASA EX39/19 in the case of the aerobatics related exemption, and CASA EX55/19 in the case of the glider towing exemption)
- providing relief for the operation of experimental aircraft that aligns Australia to a greater extent with international peer jurisdictions, and puts in place safety controls that were in force before the commencement of Part 91 on 2 December 2021.
Nevertheless, there has been informal consultation with elements of the aviation industry who drew CASA’s attention to the urgent need to consider the further exemptions to ensure that Part 91 of CASR was consistent with previously consulted statements and understandings of its intent.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required for Exemption or Direction instruments (OBPR id: 14507).
Sector risk, economic and cost impact
Economic and cost impact
Subsection 9A (1) of the Act states that, in exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration. Subsection 9A (3) of the Act states that, subject to subsection (1), in developing and promulgating aviation safety standards under paragraph 9 (1) (c), CASA must:
(a) consider the economic and cost impact on individuals, businesses and the community of the standards; and
(b) take into account the differing risks associated with different industry sectors.
The cost impact of a standard refers to the direct cost (in the sense of price or expense) which a standard would cause individuals, businesses, and the community to incur. The economic impact of a standard refers to the impact a standard would have on the production, distribution, and use of wealth across the economy, at the level of the individual, relevant businesses in the aviation sector, and the community more broadly. The economic impact of a standard could also include the general financial impact of that standard on different industry sectors.
In terms of economic and cost impacts for subsection 9A (3) of the Act, the exemption instrument would:
- allow flights for aerobatic activity to comply with more flexible safety controls
- permit the conduct of experimental aircraft flights over public gatherings and non-built-up populous areas without a need to pay for a CASA approval
- enable the use of certain experimental aircraft for glider towing, thereby, avoiding the costs associated with using alternative aircraft for this purpose.
Thus, economic and cost impacts in relation to conduct of the relevant activities are reduced or avoided.
Sector risk
For aviation safety reasons, the exemptions and directions are specific to the particular activities and particular kinds of aircraft described in the instrument where aviation safety risks are considered to be acceptable. The instrument does not extend further because if it did the aviation safety risks would no longer be acceptable to CASA.
Rural and regional impacts
The Minister’s Statement of Expectations for the CASA Board states: “I expect that CASA will: … (b) fully consider the impact of new regulations on general aviation, with a particular focus on regional and remote Australia. All Explanatory Statements drafted by CASA for subordinate legislation should identify the impact on the various categories of operations as well as on communities in regional and remote Australia served by those operations and how these impacts have been considered.”
There are no identified rural and regional impacts that differ in any material way from the general economic and cost impacts, or sector risks described above.
Statement of Compatibility with Human Rights
The Statement in Appendix 1 is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The exemptions and directions instrument is compatible with human rights: with its aviation safety focus, it promotes the right to life, and it does so in a way that is reasonable, necessary and proportionate in the context of the regulatory aviation safety framework.
Commencement and making
The instrument commences on the day it is registered.
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
Appendix 1
Details of:
CASA EX46/22 — Amendment of CASA EX81/21 (Aerobatic Activities, Experimental Aircraft, and Other Matters) Instrument (No. 1) 2022
1 Name
This section names the instrument.
2 Commencement
Under this section, this instrument commences on the day it is registered.
3 Amendment of CASA EX81/21
Under this section, Schedule 1 amends CASA EX81/21 – Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021.
Schedule 1 Amendments
[1] Subsection 20A (6) (second occurring)
This amendment corrects the misnumbering of a subsection.
[2] After section 20A, new section 20B
This amendment inserts new section 20B:
20B Aerobatic activities in the vicinity of a non-controlled aerodrome — exemptions and directions
(1) Subsection (1) supports subsection (2) in defining key terms.
(2) This subsection defines key terms, in particular: aerobatic activity, aerobatic box (in effect, the NOTAMed airspace in which a Club activity is to be conducted), arrival, Club, Club activity and pilot in command.
(3) Under this subsection, section 20B applies to the following persons in relation to aerobatic activity in the vicinity of a non-controlled aerodrome: the Club, and the pilot in command.
(4) Under this subsection, the pilot in command is exempted from compliance with the following provisions (described earlier in this Explanatory Statement) when flying the aircraft in an aerobatic box nominated by the Club:
(a) subregulations 91.375 (1) and (3) of CASR, but only to the extent of paragraphs 91.375 (2) (a) and (c);
(b) paragraphs 91.375 (2) (a) and (c);
(c) regulations 91.630 and 91.640.
(5) Under this subsection, each exemption is subject to a series of conditions, in particular that the pilot in command must be aware of, and comply with, all Club rules and procedures before conducting aerobatic activity; and comply with otherwise exempted from provisions if they have reason to believe that the Club is failing to comply with any of this section’s requirements.
(6) This section is for subsection (7) in setting out the safety directions given to the Club in support of the abovementioned exemptions given to the pilots in command.
(7) Under this subsection, the Club must, in particular:
- develop, maintain and disseminate written rules and procedures (including to CASA on request)
- appoint a Competition Coordinator for all aerobatic activity, and, acting through the Competition Coordinator, ensure that a range of safety elements are in place, including that:
- there is a relevantly staffed and functioning ground communications station, in accordance with specific requirements
- only aircraft carrying serviceable VHF radio transceivers may participate in aerobatic activity
- pilots in command comply with specific rules about stopping and restarting activities when scheduled air transport aircraft arrive and depart
- pilots in command comply with specific rules about stopping and restarting radio operations on the VHF frequency nominated by the Club when scheduled air transport aircraft arrive and depart
- pilots in command are told immediately if the ground communications station has ceased operations
- pilots in command relevantly monitor the CTAF
- pilots in command are fully briefed
- ensure that CASA is informed in advance on a range of prescribed matters, including the name of the Competition Coordinator; the location of the non-controlled aerodrome; the rules and procedures, including the CTAF, to be used; and details of the aerobatic activity that are to be published in a NOTAM, including the operating times of the activity and the location and boundaries of the aerobatic box.
(8) Under this subsection, the directions in subsection (7) cease to be in force at the earlier of: the day this section is repealed; and 2 December 2024.
[3] Paragraph 24 (2) (b)
This amendment corrects a misleading reference to the pilot in command, who conducts a particular validation flight check, when the reference should be to the pilot in command who conducts a flight during which the validation flight check is carried out.
[4] After section 24, new sections 25 and 26
- First, this amendment inserts new section 25:
25 Experimental aircraft and approval for flight over populous areas and public gatherings — exemptions
(1) The section applies to the operator and the pilot in command of an aircraft that has been issued with an in-force experimental certificate.
(2) This subsection exempts the operator and pilot in command from compliance with subregulations 91.875 (1) and (3) of CASR (about having relevant approvals as described above), but only to the extent of:
(a) flights over populous areas that are not the built-up area of a city or a town; and
(b) flights over public gatherings.
A Note explains that the effect of paragraph (a) is that there is no exemption from the approval requirements for flight over the built-up area of a city or town. Therefore, appropriate approval must exist for such flights.
(3) Under this subsection, it is a condition of the exemption from an approval to fly over a public gathering that the relevant aircraft must be passing over a public gathering only for the purpose of:
(a) arrival at or departure from an aerodrome, in the course of normal navigation; or
(b) transit, in the course of normal navigation.
- Secondly, this amendment inserts new section 26:
26 Experimental aircraft glider towing — exemption
(1) This section applies to the operator of an aircraft for which an experimental certificate has been issued for a purpose mentioned in paragraph 21.191 (g), (h), (j) or (k) of CASR, and that was subsequently approved for glider towing by the Gliding Federation of Australia Inc (the GFA).
(2) Under this section, the operator is exempted from compliance with subregulations 91.875 (1) and (3), but only to the extent that paragraph 91.875 (2) (d) does not apply to a flight that is a glider towing operation.
A Note explains that the effect of paragraph 91.875 (2) (d) is that the use of an experimental aircraft is lawful only if that use is limited to certain prescribed purposes mentioned in regulations 21.191 and 91.880, neither of which mentions glider towing. The effect of the exemption is, therefore, to permit experimental aircraft glider towing, but only in accordance with this section.
(3) The exemption in subsection (2) is subject to the condition that the operator must:
(a) be a member of the GFA; and
(b) comply with the GFA’s membership rules for glider towing as they exist or are in force from time to time.
Appendix 2
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA EX46/22 — Amendment of CASA EX81/21 (Aerobatic Activities, Experimental Aircraft, and Other Matters) Instrument (No. 1) 2022
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 purpose of this instrument is to insert a number of additional exemptions and directions into CASA EX81/21 – Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021 (CASA EX81/21).
CASA EX81/21 made a number of exemptions against Part 91 of CASR that will facilitate implementation of Part 91 in accordance with CASA’s transition policies for Part 91 of CASR. Part 91 is a comprehensive code of general flight and operational safety rules for Australian-registered aircraft wherever located, and for foreign‑registered aircraft in Australian territory. Part 91 contains the baseline rules for “private operations”.
The previous exemptions in CASA EX81/21 were designed to correct technical errors and omissions in Part 91 which gave rise to unintended obligations. Those errors and omissions will be rectified in the next set of amendments to the Part but, in the meantime, until those amendments are made, it was considered necessary to use exemptions to provide relevant areas of the aviation industry with relief from having to comply with certain requirements and directions, adherence to which at the time may not have ensured safety compliance. The new Part 91 commenced on 2 December 2021.
On further review of Part 91, post-2 December 2021, it was considered that CASA EX46/22 — Amendment of CASA EX81/21 (Aerobatic Activities, Experimental Aircraft, and Other Matters) Instrument (No. 1) 2022 was urgently required to add 3 additional exemptions (and related directions) (each subject to safety conditions).
These are: first, to exempt the Australian Aerobatic Club, its affiliated Clubs who organise an aerobatic activity, and the pilots in command of aircraft participating in the activity, from the lookout, circuit pattern, broadcast and listening watch requirements when operating in the vicinity of a non-controlled aerodrome; secondly, to exempt the operators and the pilots in command of certain experimental aircraft from the requirement to have approval for flight over a public gathering, and from the requirement to have approval to fly over a populous area that is not the built-up area of a city or a town; and thirdly, to exempt the operators of certain experimental aircraft from a prohibition on glider towing.
Human rights implications
The legislative instrument engages with the following human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011:
- the right to life under Article 6 of the International Covenant on Civil and Political Rights (the ICCPR)
Right to life under the ICCPR
The instrument is a transitional measure, pending future amendments to Part 91 of CASR planned for later this year. The exemptions in the instrument have the effect of facilitating, in a safe and prudent manner, particular flying operations that would otherwise not be permitted without individual CASA assessments.
As such, the instrument has no direct negative effect of human rights. However, bearing in mind the conditions in the instrument, it may reasonably be said to support the right to life because of its aviation safety focus.
Human rights implications
This legislative instrument is compatible with human rights and to the extent that it may engage certain rights it does so in a way that promotes the right to life. These measures are considered to be reasonable, necessary and proportionate in the interests of aviation safety.
Conclusion
This legislative instrument is compatible with human rights.
Civil Aviation Safety Authority