Explanatory Statement
Civil Aviation Regulations 1988
Exemption, permit, permission and directions — bungy jumping
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. 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 specialist team in helicopter bungy jumping to conduct helicopter bungy jumps at Martins Dam between 2 and 12 November 2006 from a helicopter operated by Helicopter Service Australia Pty Ltd. The bungy jumping exercise is part of a production by the Granada Television organisation from the UK which is loosely based on the “Survivor” program.
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.
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, permit, permission and directions come into effect on 2 November 2006 and stops having effect at the end of 12 November 2006.
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 EX59/06]