Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — provisions of ARFFS at Avalon Aerodrome
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.
Part 139.H of the Civil Aviation Safety Regulations 1998 (CASR 1998) applies to the aerodrome rescue and firefighting services.
Airservices Australia
Airservices Australia (AA) holds a certificate of approval issued by CASA under 139.711 to provide Aviation Rescue Fire Fighting Service (ARFFS) at various aerodromes and is, therefore, an approved provider subject to the requirements of Part 139.H of CASR 1998 and the Manual of Standards.
Exemptions
Under subregulation 11.160 (1) of CASR 1998, CASA may grant an exemption from compliance with a provision of CASR 1998. Under subregulation 11.160 (3), CASA may grant an exemption on its own initiative. 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), 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, 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 instrument exempts AA from specified provisions relating to fire alarms being directly connected to the fire station control centre, and requirements to establish “Hot Fire” training facilities at the aerodrome, and frangible barriers on emergency access roads at the aerodrome.
The exemption will allow the provision of an ARFFS at Avalon Aerodrome as AA makes efforts to complete changes that will lead to their being issued with an approval.
The conditions include AA making reasonable efforts to complete the changes required for compliance with the provisions mentioned in Schedule 1 before 1 January 2007. AA must monitor the “Hot Fire” training currently provided to Avalon Aerodrome ARFFS staff at Melbourne Airport and must make reasonable efforts to sign a Memorandum of Agreement (MOA) with the Victorian Country Fire Authority before 1 January 2007. If a MOA cannot be signed, AA must give to CASA evidence of efforts made and mitigation against any ensuing risk in accordance with the Airservices Safety Management System.
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 not been undertaken because it is of a minor and machinery nature.
The instrument comes into effect on the day after registration. It stops having effect at the end of 31 January 2007.
The exemption has been made by the Acting Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX52/06]