Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — operations by participants in the 2016 Australian Capital Territory Hang Gliding and Paragliding Association (ACTHPA) Championships
Legislation
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.
Subsection 98 (5A) of the Act provides that the Regulations may empower CASA to issue instruments in relation to the following:
(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft; or
(b) the airworthiness of, or design standards for, aircraft.
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, 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), the maximum duration of an exemption is 3 years.
This exemption is required because of the decision to hold the 2016 ACTHPA Championships (the event). This exemption will enable participants in the event to fly a hang glider or paraglider in the vicinity of Corryong aerodrome, Victoria, without complying with regulation 166E of CAR 1988. Regulation 166E contains requirements relating to the carriage of aircraft VHF radio when operating in the vicinity of certified, military, registered or designated aerodromes. Corryong is a registered aerodrome.
The exemption is subject to several conditions. A satisfactory support system must be established as follows. A ground communications station must be established at Corryong aerodrome and operate daily during the event. This station will advise other aircraft of the area of activity and location of the hang gliders or paragliders. The Competition Director is responsible for maintaining a listening watch. The ground communications station must be active on the stated frequencies on each day of the event.
Hang gliders and paragliders not equipped with serviceable VHF radios must remain clear of all certified, registered or military aerodromes, other than Corryong, and any other aerodromes designated by CASA under regulation 166D of CAR 1988. All hang gliders and paragliders must be equipped with UHF radios.
The organisers of the event have arranged with CASA for the publication of a Notice to Airmen (NOTAM) setting out the applicable procedures within a 30 nautical mile radius of Corryong aerodrome.
Pilots in command of participating hang gliders and paragliders must ensure that they attend a daily briefing before aircraft operation and must be able to provide evidence of their attendance. The organisers of the events must provide the daily briefing, before aircraft operation, that must address at least the following:
(a) confirmation of ground communication station set-up and applicable frequencies in use;
(b) review and explanation of the applicable NOTAM for that day;
(c) review and explanation of boundaries of the competition flight zone and the requirement to operate only within that zone;
(d) review and explanation of the conditions under which this exemption has been issued.
Pilots in command must be satisfied that the required support system has been established and is operating satisfactorily and that the daily NOTAM has been published as required. In relation to these matters, which are not a pilot in command’s direct responsibility, the pilot in command may rely on the daily briefing. If at any time a pilot in command becomes aware that a breach of a condition of the exemption has occurred, he or she must notify the organisers of the event as soon as practicable and, if he or she is directly responsible for the breach, must cease to participate in the event until the breach is corrected.
Legislation Act 2003 (the LA)
Subsection 98 (5AA) of the Act states that an instrument issued under paragraph (5A) (a) is a legislative instrument if it applies to a class of persons or a class of aircraft. This exemption applies to a class of aircraft and so is a legislative instrument. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
The Hang Gliding Federation of Australia Incorporated has requested this exemption. In these circumstances, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LA.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).
Making and commencement
The exemption has been made by a delegate of CASA relying on the power of delegation under regulation 11.260 of CASR 1998.
The instrument commences on 12 March 2016 and expires at the end of 14 March 2016, as if it had been repealed by another instrument.
[Instrument number CASA EX47/16]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption —– operations by participants in the 2016 Australian Capital Territory Hang Gliding and Paragliding Association (ACTHPA) Championships
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
This exemption will enable participants in the 2016 ACTHPA Championships to fly a hang glider or paraglider in the vicinity of Corryong aerodrome, Victoria, without complying with regulation 166E of the Civil Aviation Regulations 1988. Regulation 166E contains requirements relating to the carriage of aircraft VHF radio when operating in the vicinity of certified, military, registered or designated aerodromes. Corryong aerodrome is a registered aerodrome.
The exemption is subject to conditions imposed by CASA in the interest of air safety.
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