CASA EX52/06 - Exemption - provision of ARFFS at Avalon Aerodrome

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998), enacted to ensure the safety of air navigation and as a means to implement the Civil Aviation Act 1988, include provisions that govern aerodrome rescue and firefighting services. Specifically, Part 139.H of the CASR 1998 outlines the standards and requirements for these services. The Civil Aviation Safety Regulations 1998 (Exemption — provisions of ARFFS at Avalon Aerodrome) 2006 instrument addresses specific gaps in compliance with CASR 1998 provisions for Airservices Australia (AA) in relation to its provision of Aviation Rescue Fire Fighting Service (ARFFS) at Avalon Aerodrome. This exemption was introduced by the Civil Aviation Safety Authority (CASA), which acts under the authority granted by the Civil Aviation Act 1988 and the CASR 1998. The policy objective of this exemption is to allow AA to continue providing ARFFS at Avalon Aerodrome while they work towards compliance with specified regulatory requirements, thereby ensuring safety is not compromised during the transition period.

Scope and Application

The Civil Aviation Safety Regulations 1998, specifically Part 139.H, applies to aerodrome rescue and firefighting services provided by approved entities such as Airservices Australia (AA), which holds a certificate of approval issued by the Civil Aviation Safety Authority (CASA). This regulation governs the safety standards and operational protocols that these entities must adhere to, ensuring that they meet the necessary requirements outlined in the Manual of Standards. Exemptions from certain provisions of these regulations may be granted by CASA under subregulation 11.160, with a primary focus on maintaining an acceptable level of safety. For example, AA has been granted an exemption from specific provisions concerning fire alarms, “Hot Fire” training facilities, and frangible barriers on emergency access roads at Avalon Aerodrome. The exemption is subject to conditions, including AA making reasonable efforts to achieve compliance with the exempted provisions by 1 January 2007, monitoring current “Hot Fire” training practices, and attempting to sign a Memorandum of Agreement with the Victorian Country Fire Authority. The exemption is declared a disallowable instrument under the Legislative Instruments Act 2003 and, as such, is subject to tabling and disallowance in Parliament. This instrument is effective from the day after registration and ceases to have effect at the end of 31 January 2007.

Key Provisions

The key operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) in this legislation pertain to exemptions granted by the Civil Aviation Safety Authority (CASA) under subregulation 11.160 (1) and (3) (subsection 98 (1) of the Civil Aviation Act 1988). This instrument grants Airservices Australia (AA) an exemption from specific provisions of CASR 1998 that would otherwise apply to the provision of Aviation Rescue Fire Fighting Service (ARFFS) at Avalon Aerodrome. The provisions exempted include those requiring fire alarms to be directly connected to the fire station control centre, the establishment of “Hot Fire” training facilities at the aerodrome, and the installation of frangible barriers on emergency access roads at the aerodrome. This exemption is designed to allow AA to provide ARFFS at Avalon Aerodrome while they work towards compliance with the relevant regulations. The Act imposes several obligations and requirements on AA as a result of this exemption. Firstly, AA must make reasonable efforts to complete the changes necessary to comply with the exempted provisions by 1 January 2007. This includes ongoing monitoring of “Hot Fire” training provided to ARFFS staff at Melbourne Airport and efforts to sign a Memorandum of Agreement (MOA) with the Victorian Country Fire Authority by the specified date. If an MOA cannot be signed, AA must provide CASA with evidence of their efforts and the mitigation measures in place to manage any resulting risks, in accordance with the Airservices Safety Management System. In terms of consequences for non-compliance, regulation 11.210 of CASR 1998 specifies that it is an offence to fail to comply with a condition of an exemption. Failure to adhere to the conditions set forth in this exemption could lead to legal action and potential penalties. Additionally, under subregulation 11.230 (1), the exemption ceases 2 years after its commencement, or on a specified date if one is provided within the exemption, but not later than 2 years after commencement. This ensures that the exemption is temporary and subject to review to maintain safety standards. The instrument itself is a legislative instrument under the Legislative Instruments Act 2003, as declared by regulation 11.215 of CASR 1998. This means it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. The exemption was made by the Acting Deputy Chief Executive and Chief Operating Officer of CASA, acting as a delegate under subregulation 7 (1) of CAR 1988, and it comes into effect the day after registration, remaining in force until the end of 31 January 2007. The exemption must be published on the World Wide Web, as per regulation 11.225, ensuring transparency and accessibility of the regulatory changes.