Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — flight in class D airspace within 16 kilometres of an aerodrome

Legislation

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor‑General may make regulations for the Act and the safety of air navigation. Subsection 98 (5A) of the Act provides that the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation of aircraft.

Civil Aviation Order 95.8 (CAO 95.8) applies to powered and unpowered hang-glider and paraglider aircraft and contains exemptions from the Civil Aviation Regulations 1988, subject to conditions such as the pilot being issued a certificate by the Hang Gliding Federation of Australia. Among the various conditions imposed, sub-subparagraph 7.1 (i) (iii) of CAO 95.8, provides that an aircraft must not be flown in Class C or Class D airspace that is below 300 feet above ground level and not within 16 kilometres of a controlled aerodrome. Paragraph 7.6 of CAO 95.8, however, provides that an aircraft may be flown in Class C or Class D airspace if the pilot holds a valid aeroplane pilot licence issued under Part 61 of the Civil Aviation Safety Regulations 1998 (CASR 1998) that allows the holder to fly in that airspace, and the pilot has completed a valid flight review for the class rating in accordance with Part 61 of CASR 1998.

Subregulation 11.160 (1) of CASR 1998 provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations or a Civil Aviation Order in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

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 11.225 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.

Instrument

Generally, members of the Hang Gliding and Paragliding Association of Tasmania (the Association) do not hold a valid aeroplane pilot licence issued under Part 61 of CASR 1998 or have not completed a valid flight review. The Association has, therefore, applied for the continuation of an exemption from sub-subparagraph 7.1 (i) (iii) and paragraph 7.6 of CAO 95.8 for its members to operate at a site on Single Hill in Hobart, near Hobart International Airport. CASA previously issued CASA EX38/12, which expired at the end of February 2015, for this purpose.

CASA EX62/15 (the instrument) is an instrument that replaces CASA EX38/12. The conditions of the exemption, which include limiting the boundary of operations, have not been changed. The instrument will allow members of the Association to operate hang-gliders and paragliders within 16 kilometres of Hobart International Airport.

Legislative Instruments Act 2003 (the LIA)

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, a legislative instrument. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

Consultation

The instrument has been issued at the request of the Association. The instrument replaces a previous exemption issued to the Association that expired at the end of February 2015 (CASA EX38/12 refers). It is CASA’s view that it is not necessary or appropriate to conduct any further consultation under section 17 of the LIA.

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).

Making and commencement

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

The instrument commences on the day after registration and expires at the end of March 2018, as if it had been repealed by another instrument.

[Instrument number CASA EX62/15]

Attachment 1

Statement of Compatibility with Human Rights

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

Exemption — flight in class D airspace within 16 kilometres of an 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 allows members of the Hang Gliding and Paragliding Association of Tasmania to conduct hang-gliding and paragliding operations at Single Hill, Hobart within 16 kilometres of Hobart International Airport. In the interest of aviation safety, the instrument contains conditions such as operational boundaries and aerodrome control tower notification requirements.

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