CASA EX51/05 - Exemption, permit, permission and directions – bungy jumping

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

Legislation au F2005L03525 Not in force Legislative Instrument

Legislation content

Explanatory Statement

 

Civil Aviation Regulations 1988

 

Exemption, Permit, Permission, Directions

 

Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.

 

Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may, among other things, exempt an aircraft, or persons associated with the operation of an aircraft, from compliance with specified provisions of CAR 1988. Under subregulation 308 (2), before CASA decides to give an exemption CASA must take into account all relevant considerations relating to the interest of safety. Subregulation 308 (3) provides that such an exemption may be made subject to any conditions specified by CASA as being necessary in the interests of safety.

 

Regulation 150 of CAR 1988 provides that the pilot in command of an aircraft must not permit anything to be dropped from the aircraft.

 

Under subregulation 157 (1) of CAR 1988, an aircraft must not be flown over a city, town or populous area at a height lower than 1 000 feet or over any other area at a height lower than 500 feet. Under paragraph 157 (4) (b), CASA may issue a permit for an aircraft engaged in private operations or aerial work operations to be flown at a height lower than a height specified in subregulation 157 (1).

 

Under subregulation 250 (1) of CAR 1988, the operator of an aircraft and the pilot in command must not permit a person to be carried on the wings or undercarriage of any aircraft. Under subregulation 250 (2) a person may, with the permission of CASA given in respect of flights of a particular kind, be carried on or in a part of an aircraft that is not designed for the accommodation of the crew or passengers. Under subregulation 250 (3) CASA may, when granting a permission, specify conditions subject to which a person may be carried.

 

Under subregulation 251 (1) of CAR 1988, seat belts must be worn by all crew members and passengers in various circumstances, including when the aircraft is flying at less than 1 000 feet above the terrain. Under subregulation 251 (3), CASA may direct that a type of safety harness specified in the direction may be worn in place of a seat belt.

 

Under subregulation 251 (9) of CAR 1988, CASA may direct that seat belts need not be worn when the aircraft is flying at less than 1 000 feet above the terrain.

 

This instrument has been issued to allow a person named Mr A.J. Hackett, a specialist in helicopter bungy jumping, to conduct a promotional helicopter bungy jump off Bondi Beach on 10 and 11 November 2005 from a helicopter operated by Trecked Pty Ltd. Operations on 10 November 2005 are for the purposes of rehearsal.

 

The instrument exempts the pilot in command of the helicopter from compliance with regulation 150 of CAR 1988. It also contains various directions and permissions issued under the provisions referred to above that are necessary for the conduct of the operations.

 

The instrument allows the bungy jumper to leave the cabin of the specified helicopter and conduct a bungy jump off its undercarriage. The operation may only be conducted in accordance with the conditions specified in Schedule 1. These conditions are intended to ensure that the jump is conducted from a suitable helicopter under the command of an experienced pilot. They are also intended to ensure that the descent below the applicable minimum altitude specified in subregulation 157 (1) is conducted only to ensure the recovery of the bungy jumper from the ground. The instrument also requires that the crew are secured by a suitable type of safety harness when not wearing a seat belt.  In addition, the operation must be carried out in accordance with the helicopter operator’s operations manual, in particular the section dealing with the conduct of bungy jumps.

 

The instrument revokes an earlier instrument of permission for the bungy jumper to be carried on the undercarriage of the helicopter, because it was defective in relation to the time of the operation.

 

Legislative Instruments Act

Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. 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. 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 not been undertaken in this case because of the highly specific nature and purpose of the instrument.

 

The exemption is stated to be in effect only from 4 p.m. EST on 10 November 2005 until 7 p.m. EST on 11 November 2005.  It has been registered on the Federal Register of Legislative Instruments.

 

The exemption has been made by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.

[Instrument number CASA EX51/05]

Overview

The Civil Aviation Regulations 1988, enacted to provide for the regulation of civil aviation in Australia, include provisions that allow for the exemption of specific aircraft operations from certain regulations where it is deemed necessary for safety. The Civil Aviation Act 1988 empowers the Governor-General to make regulations concerning air navigation safety, and under Section 98, the Civil Aviation Safety Authority (CASA) is authorised to issue exemptions, permits, and permissions, subject to safety considerations. This legislative framework aims to balance the need for stringent safety regulations with the flexibility to accommodate unique operational requirements that do not compromise safety. The policy objective is to ensure that the exemption process is stringently governed to maintain high safety standards while allowing for practical adaptations in specific situations, such as the case of a promotional helicopter bungy jump off Bondi Beach.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) provides the framework for the regulation of civil aviation in Australia, and under Section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, particularly in relation to the safety of air navigation. The Act applies to all aircraft, pilots, operators, and individuals associated with the operation of an aircraft within Australia, including both domestic and international flights. Exemptions, permits, permissions, and directions can be issued by the Civil Aviation Safety Authority (CASA) to ensure compliance with safety standards. This particular instrument exempts the pilot in command of a helicopter operated by Trecked Pty Ltd from specific provisions of CAR 1988 to allow a promotional helicopter bungy jump off Bondi Beach. The exemption is subject to conditions designed to ensure safety, such as the operation being conducted by an experienced pilot, the bungy jumper being secured by a suitable safety harness, and the operation being carried out in accordance with the helicopter operator’s operations manual. The exemption is limited in scope and duration, applying only from 4 p.m. EST on 10 November 2005 until 7 p.m. EST on 11 November 2005, and is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) include various provisions under which the Civil Aviation Safety Authority (CASA) can grant exemptions, permits, and permissions for aircraft operations. Subregulation 308(1) of CAR 1988 allows CASA to exempt an aircraft or associated persons from certain provisions of CAR 1988. This exemption must be made with due consideration of safety, as outlined in subregulation 308(2), and can include specific conditions to ensure continued safety, as per subregulation 308(3). Regulation 150 of CAR 1988 prohibits the dropping of objects from aircraft, while subregulation 157(1) mandates minimum flight altitudes over populated areas. CASA can issue permits under subregulation 157(4)(b) for deviations from these altitude requirements for private or aerial work operations. Furthermore, subregulation 250(1) prohibits carrying persons on the wings or undercarriage of aircraft, though CASA can grant permissions under subregulation 250(2) for specific flights, with applicable conditions in subregulation 250(3). The Act imposes several obligations on the parties involved in the operation, including adherence to the conditions specified in the exemption instrument. The pilot in command must ensure that the exemption conditions are strictly followed, particularly concerning the safety of the bungy jump operation. The helicopter operator, Trecked Pty Ltd, must comply with the operational manual's guidelines for bungy jumps and ensure that all crew members are secured by appropriate safety harnesses. The bungy jumper must also abide by the specified conditions to ensure the safety of the jump. The exemption and the associated conditions outlined in Schedule 1 are designed to mitigate any risks associated with the operation, ensuring that all activities are conducted in a controlled and safe manner. Failure to comply with the conditions set forth in the exemption instrument could result in significant legal consequences. Under the Legislative Instruments Act 2003 (LIA), the exemption is a disallowable instrument, meaning it can be reviewed and potentially disallowed by Parliament. Any breach of the conditions specified in the exemption could also result in penalties under CAR 1988. The exact penalties are not specified in the text, but typically, violations of civil aviation regulations can lead to fines and other enforcement actions. The exemption is in effect only from 4 p.m. EST on 10 November 2005 until 7 p.m. EST on 11 November 2005, underscoring the temporary nature of these regulatory adjustments and the importance of strict adherence to the outlined conditions.

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Administrative Law
Civil Aviation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Offence Provisions
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.