Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — single operation into and out of Broome conducted by Queensland Recreational Aircraft Association
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.
Subsection 98 (5A) of the Act provides that the Regulations may empower CASA to issue instruments in relation to the following:
(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft; or
(b) the airworthiness of, or design standards for, aircraft.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A), CASA may grant an exemption from a provision of the Regulations, including the Civil Aviation Regulations 1988 (CAR 1988) or a provision of the Civil Aviation Orders (the CAOs), in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2) of CASR 1998, 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) of CASR 1998, 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.
Civil Aviation Order 95.55 (CAO 95.55) permits certain aircraft registered with Recreational Aviation Australia Incorporated (the RAA) to operate in controlled airspace if they
comply with conditions set out in CAO 95.55. Among these requirements, under subparagraph 7.3 (d), the aeroplane must be flown by the holder of a valid pilot licence (not being a student pilot licence); under subparagraph 7.3 (e) the pilot must have satisfactorily completed an aeroplane flight review under the stated provisions of CAR 1988; under subparagraph 7.3 (f), if the controlled airspace requires a transponder to be fitted, the aeroplane must be fitted with a suitable transponder. Two of the aircraft to be used are not fitted with a suitable transponder.
The exemption is to allow members of the Queensland Recreational Aircraft Association (QRAA) to undertake flights into, and out of, Broome airport, which is a controlled aerodrome, using ultralight aeroplanes registered with the RAA. The pilots are required to meet all the conditions of CAO 95.55 except the requirements of subparagraphs 7.3 (d), (e) and (f). The exemption is subject to conditions relating to the flights into, and out of, Broome aerodrome controlled airspace. Special conditions apply to their entry and departure. These include the following: the aircraft not equipped with transponders must arrive at, and depart from, Broome below 1 200 feet above mean sea level; all aircraft must plan to arrive at Broome airport no later than 0130 UTC or 9.30 local time; all aircraft must arrive before
10 a.m. local time; all aircraft must plan to arrive at 3-5 minute intervals; and aircraft travelling in pairs must provide Broome ATC with the call signs of both aircraft.
All pilots, or the Flight Director of QRAA, Kelvin Hutchinson, on behalf of the pilots, must contact Broome tower on the morning of entry. All pilots must have undergone a briefing as authorised by the QRAA in relation to the flight to Western Australia and entry into, and exit from, Broome airport.
Any incident or accident that occurs during arrival at, or departure from, Broome airport, must be reported as soon as possible to the named authorities.
The exemption includes all applicable exemptions set out in CAO 95.55. This is necessary because those exemptions apply on their own only if all the CAO conditions are met.
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 the CAOs. 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, being RAA pilots, 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 LIA.
Consultation
Consultation under section 17 of the LIA has been undertaken as follows: RAA was asked for comment and supported the application for the exemption; Airservices Australia were asked for comment on the proposed flight and responded with a set of conditions which have been incorporated in the instrument; CASA’s Central Region Office has also been consulted and was finally satisfied by the risk analysis undertaken and the proposed conditions; and QRAA has advised that all pilots involved have had experience in interacting with other air traffic, including regular public transport aircraft.
As a result, it was decided that the exemption should be issued.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The exemption 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 27 June 2013 and stops having effect at the end of 7 July 2013, as if it had been repealed by another instrument.
[Instrument number CASA EX64/13]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Exemption under regulation 11.160 — single operation into and out of Broome conducted by Queensland Recreational Aircraft Association
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
The legislative instrument permits the pilots to which it applies to fly into, and out of, Broome airport, which is a controlled aerodrome, using ultralight aeroplanes that would not otherwise be allowed to operate in controlled airspace. The exemption is subject to conditions relating to the operations in the Broome controlled airspace.
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