CASA EX60/13 - Exemption - provision of ARFFS service at Port Hedland aerodrome

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

Legislation au F2013L00864 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — provision of ARFFS service at Port Hedland aerodrome

 

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.

 

Subpart 139.H of the Civil Aviation Safety Regulations 1998 (CASR 1998) applies to aerodrome rescue and firefighting services (ARFFS).

 

Airservices Australia

Airservices Australia (AA) holds a certificate of approval issued by CASA under Division 139.H.5 of CASR 1998 to provide ARFFS at various aerodromes and is, therefore, an approved provider, subject to the requirements of Subpart 139.H of CASR 1998 and the Manual of Standards (MOS) – Subpart 139.H (the MOS).

 

Exemptions

Under subregulation 11.160 (1) of CASR 1998, CASA may grant an exemption from compliance with a provision of CASR 1998. AA has applied for an exemption. 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) of CASR 1998, 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 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.

 

Purpose

This exemption will remain in force for a period of 1 year until the end of May 2014. The exemption is being granted for a short period of time in order to facilitate the staged reintroduction of a fully compliant ARFFS at Port Hedland aerodrome.

 

Up until 2003, AA provided an ARFFS at Port Hedland aerodrome, however, by 2003, utilisation of the airport by passenger carrying aircraft operations had dropped to a point below the threshold at which the service was necessary under the legislative regime then in force.

 

However, since that time, there has been a steady growth in the use of Port Hedland aerodrome to the point where it now requires the ARFFS to be re-established. In accordance with the requirements of the MOS, the ARFFS is required to be established as an aerodrome category level 7. AA proposes to commence providing an ARFFS at Port Hedland aerodrome from 31 May 2013, however, due to practical limitations imposed by the existing facilities at the aerodrome, and the logistical challenges of recruiting appropriately trained personnel to operate the ARFFS, there will be an interim period where AA is only able to provide the ARFFS at an aerodrome category level 6 standard.

 

This interim period will last until the end of May 2014 at which point it is expected that a fully compliant aerodrome category level 7 ARFFS will be in operation at Port Hedland aerodrome. In the meantime, exemptions from the provisions of CASR 1998 set out below are required to facilitate the operation of the ARFFS at an aerodrome category 6 level pending the introduction of a level 7 service in May 2014.

 

Subregulation 139.772 (1) of CASR 1998 requires that an ARFFS provider must provide, among other things, training facilities. Subregulation 139.772 (2) provides that those facilities must comply with any applicable requirement in the MOS. Paragraph 22.1.6.1 of the MOS requires the establishment of “hot fire” training facilities at all ARFFS locations. Port Hedland aerodrome does not have the required “hot fire” training facilities. The exemption to this requirement is subject to a condition which requires AA to ensure that ARFFS personnel at Port Hedland aerodrome have access to “hot fire” training facilities at an appropriately equipped alternate ARFFS facility.

 

Subregulation 139.775 (1) of CASR 1998 requires an ARFFS provider to ensure that a notice is published in the En-route Supplement Australia (ERSA) which sets out the hours of operation of the ARFFS service at an aerodrome. Since AA will not be operating a fully compliant aerodrome category 7 level operation until May 2014, it is not proposed to permanently publish details of the service in the ERSA on its commencement from 31 May 2013. Instead, and as required by the conditions applying to this exemption, AA will be required to publish a Notice to Airmen (NOTAM) to notify users of the aerodrome of the hours of operation of the ARFFS and the level of the service being supplied.

 

Subregulation 139.835 (1) requires an ARFFS provider to provide the number of qualified personnel specified in the MOS at all times when the ARFFS is operational. During the interim period, AA will only provide an aerodrome category 6 level ARFFS service so an exemption to this subregulation is required to allow the ARFFS to be operated with a level 6 staffing complement. This exemption is subject to the condition that the staffing complement provided by AA at Port Hedland must be maintained at an aerodrome category 6 level standard at times when it is operational.

 

Legislative Instruments Act

For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or Civil Aviation Orders. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The instrument applies to a class of persons and is, therefore, legislative. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003.

 

Consultation

CASA has consulted extensively with AA and with the operator of Port Hedland aerodrome since February 2013 about the most efficient way to ensure that an ARFFS commences at the aerodrome as quickly as possible.

 

The staged introduction of the new ARFFS, which will be facilitated by this instrument, was agreed upon at the end of this consultation.

Commencement and making

The instrument commences on the day after registration and stops having effect at the end of May 2014 as if it had been repealed by another instrument.

 

The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.

[Instrument number CASA EX60/13]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Exemption — provision of ARFFS at Port Hedland aerodrome

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

This legislative instrument is made under subregulation 11.260 (1) of the Civil Aviation Safety Regulations 1998. The instrument exempts Airservices Australia (AA) from certain requirements specified in the Manual of Standards (MOS) – Part 139.H (the MOS) in relation to the provision of an Aerodrome Rescue and Firefighting Service (ARFSS) at Port Hedland aerodrome.

 

The exemption is required to allow a period for the establishment of the ARFSS at Port Hedland during which AA will not be able to meet all of the requirements specified in the MOS for the provision of such a service.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998, enacted by the Australian Government, aim to regulate safety in civil aviation across the country. These regulations provide a framework for ensuring that aviation activities are conducted in a safe and efficient manner, with specific provisions for aerodrome rescue and firefighting services. This legislative instrument, F2013L00864, represents an exemption granted by the Civil Aviation Safety Authority (CASA) to Airservices Australia (AA), an approved provider of aerodrome rescue and firefighting services. The exemption was introduced to address the logistical challenges faced by AA in re-establishing a fully compliant service at Port Hedland aerodrome, including the absence of necessary "hot fire" training facilities and the unavailability of qualified personnel within the required timeframe. The primary policy objective is to facilitate the safe and timely reintroduction of an aerodrome rescue and firefighting service at Port Hedland while ensuring that any interim measures do not compromise the overall safety of air navigation. The exemption is set to last for one year, until the end of May 2014, after which AA expects to fully comply with all relevant safety standards.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) under the Civil Aviation Act 1988 applies to the provision of aerodrome rescue and firefighting services (ARFFS) at aerodromes, with Airservices Australia (AA) being a certified provider subject to these regulations. The CASR 1998 allows the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory requirements if it is deemed necessary for safety reasons. In this instance, CASA has granted an exemption to AA for the provision of ARFFS at Port Hedland aerodrome. This exemption is necessary because AA, which is restarting the ARFFS at this location, will initially operate at an aerodrome category level 6 instead of the required level 7 due to logistical challenges. The exemption, effective from 31 May 2013 until the end of May 2014, allows AA to provide an interim service while it works towards full compliance. The exemption is subject to specific conditions, such as ensuring ARFFS personnel have access to "hot fire" training facilities and publishing a Notice to Airmen (NOTAM) regarding the ARFFS service hours and level. The exemption is subject to parliamentary scrutiny and is compatible with human rights, as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) contain various provisions governing aerodrome rescue and firefighting services (ARFFS). Section 139.H of CASR 1998 applies specifically to ARFFS and outlines the requirements that ARFFS providers must meet. Airservices Australia (AA) is an approved provider of ARFFS, subject to the requirements of Subpart 139.H of CASR 1998 and the Manual of Standards (MOS) – Subpart 139.H. However, to facilitate the reintroduction of a fully compliant ARFFS at Port Hedland aerodrome, CASA has granted an exemption under subregulation 11.160(1) of CASR 1998, allowing AA to operate at a lower standard temporarily. The obligations imposed by this exemption on AA include ensuring that ARFFS personnel have access to "hot fire" training facilities at an alternate ARFFS facility (subregulation 139.772(1) and (2) of CASR 1998), publishing a Notice to Airmen (NOTAM) to notify users of the aerodrome of the hours of operation of the ARFFS and the level of the service being supplied, and maintaining a staffing complement that meets aerodrome category 6 standards (subregulations 139.775(1) and 139.835(1) of CASR 1998). Failure to comply with these conditions is an offence under regulation 11.210 of CASR 1998. The exemptions and any associated conditions must be published on the Internet under regulation 11.225 of CASR 1998. The exemption will remain in force for a period of one year until the end of May 2014. If no specific end date is set, the exemption will cease three years after its commencement, in accordance with subregulation 11.230(1) of CASR 1998. This legislative instrument has been made under the authority of subsection 98(5A) of the Civil Aviation Act 1988 and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. Finally, this legislative instrument is compatible with human rights as it does not raise any human rights issues.

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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.