Explanatory Statement
Civil Aviation Regulations 1988
Exemption — operations by recreational aircraft in Wide Bay Air Show temporary restricted areas
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.
Subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of, the aircraft, from compliance with specified provisions of CAR 1988. Subregulation 308 (2) provides that before making an exemption, CASA must take into account any relevant considerations relating to the interests of safety. Subregulation 308 (3) provides that CASA may make an exemption subject to any condition specified in the exemption as being necessary in the interests of safety.
This exemption is required because of the decision to declare areas in the vicinity of Bundaberg aerodrome to be temporary restricted areas (TRA) under regulation 6 of the Airspace Regulations 2007. The purpose of this declaration is to enable the operation of certain sport and recreational aircraft in the vicinity of Bundaberg aerodrome during the Wide Bay Airshow to be held in July 2009.
Sport and recreational aircraft operate at, and in the vicinity of, Bundaberg aerodrome and have done so for a long time. This exemption operates to allow some of those aircraft to continue to operate in the TRA, subject to their meeting the conditions specified in Schedule 1. The aircraft to which the exemption applies are aircraft operated in accordance with Civil Aviation Orders (CAO) 95.10, CAO 95.32 and CAO 95.55. These CAOs are, in fact, exemptions from various provisions of CAR 1988 that apply to the aircraft mentioned in them, recognising that because of their construction and performance they could not meet all the requirements of CAR 1988. CAO 95.10 applies to privately-built, single-place ultralight aeroplanes. CAO 95.32 applies to weight shift controlled aeroplanes and powered parachutes. CAO 95.55 applies to a variety of aircraft that have to meet 1 of the different sets of criteria set out in section 1 of that CAO. The aircraft have to be registered with Recreational Aviation Australia Incorporated (RAA) or the Hang Gliding Federation of Australia Incorporated (the HGFA).
All the CAOs provide their exemptions subject to compliance with sets of conditions relating to a variety of matters. In all 3 CAOs, 1 of the conditions, subparagraph 5.1 (e), prohibits flights in active restricted or prohibited areas.
This exemption allows the relevant aircraft to operate in the TRAs in the vicinity of Bundaberg aerodrome subject to compliance with all the other conditions in the CAOs. There are also additional conditions in Schedule 1 that have to be met by the aircraft and are conditions for all other aircraft operations in the restricted area. All the aircraft have to be fitted with a radio capable of two-way communication with Air Traffic Control and Certified Air/Ground Radio Service. The pilot in command must hold a pilot certificate with a radio operator endorsement. He or she must comply with procedures published in NOTAMS and applicable to the Wide Bay Airshow.
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
CASA has consulted with the RAA, the HGFA and the air display organiser. The terms of the exemption have been agreed to and published in the Air Display documents.
The instrument commences on 3 July 2009 and stops having effect at the end of 5 July 2009.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX52/09]
Overview
The Civil Aviation Regulations 1988, as amended by the Legislative Instruments Act 2003, empower the Civil Aviation Safety Authority (CASA) to exempt recreational aircraft from certain regulations to ensure safety during specific events, such as the Wide Bay Airshow in Bundaberg. This legislative instrument was introduced to address the need for sport and recreational aircraft to continue operations within temporary restricted areas (TRA) surrounding Bundaberg aerodrome during the airshow. The exemption ensures that these aircraft can participate in the airshow while adhering to stringent safety conditions, recognising their unique operational characteristics and the necessity to operate within restricted airspace. The exemption is subject to conditions outlined in Civil Aviation Orders 95.10, 95.32, and 95.55, and further conditions specified in the exemption, ensuring that all operations comply with air traffic control procedures and communication requirements. The exemption is a legislative instrument and must be tabled and can be disallowed by Parliament under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Regulations 1988, under the Civil Aviation Act 1988, empower the Governor-General to make regulations for the Act, with a focus on ensuring the safety of air navigation. Subregulation 308(1) of the Civil Aviation Regulations 1988 allows the Civil Aviation Safety Authority (CASA) to exempt aircraft, or persons associated with the operation of the aircraft, from certain provisions of the regulations. This exemption is specifically tailored for recreational aircraft operating in temporary restricted areas (TRA) around Bundaberg aerodrome during the Wide Bay Air Show in July 2009. The exemption applies to aircraft that are registered with Recreational Aviation Australia Incorporated or the Hang Gliding Federation of Australia Incorporated, and which are already exempt from various Civil Aviation Regulations 1988 provisions under Civil Aviation Orders 95.10, 95.32, and 95.55. However, these aircraft must comply with additional conditions, including the requirement to be fitted with a radio capable of two-way communication and for the pilot in command to hold a pilot certificate with a radio operator endorsement. This exemption is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003 and was made after consultation with relevant stakeholders, including the RAA, HGFA, and the air display organiser.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) allow the Civil Aviation Safety Authority (CASA) to exempt certain aircraft and associated persons from compliance with specific provisions of the CAR 1988 under subregulation 308(1). This is granted in the interests of safety, and must be made subject to any conditions deemed necessary by CASA as per subregulation 308(3). The exemption in question was necessitated by the declaration of temporary restricted areas (TRA) around Bundaberg aerodrome to facilitate the Wide Bay Airshow in July 2009. This exemption permits certain recreational and sport aircraft, specifically those operating under Civil Aviation Orders (CAO) 95.10, 95.32, and 95.55, to operate within these TRAs. These CAOs themselves are exemptions from various CAR 1988 provisions, acknowledging the unique characteristics and limitations of these aircraft.
The obligations imposed by this exemption require the aircraft to be registered with Recreational Aviation Australia Incorporated (RAA) or the Hang Gliding Federation of Australia Incorporated (HGFA). Additionally, all aircraft must be equipped with a radio capable of two-way communication with Air Traffic Control and Certified Air/Ground Radio Service. The pilot in command must hold a pilot certificate with a radio operator endorsement and comply with procedures published in Notices to Airmen (NOTAMs) relevant to the airshow. Furthermore, all operations must adhere to the additional conditions specified in Schedule 1 of the exemption.
Non-compliance with the conditions of this exemption can result in legal consequences. The exemption is classified as a disallowable instrument under the Legislative Instruments Act 2003 (LIA), meaning it can be subject to disallowance by Parliament. CASA has consulted with relevant stakeholders, including the RAA, HGFA, and the air display organiser, and the terms of the exemption have been agreed upon and published. The exemption is effective from 3 July 2009 until the end of 5 July 2009. This regulatory measure ensures that while recreational aircraft can participate in the airshow, safety remains paramount by imposing specific operational conditions.