CASA EX64/25 — Northern Rivers Hang Gliding and Paragliding Club Incorporated Broadcasting Instrument 2025

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA EX64/25 — Northern Rivers Hang Gliding and Paragliding Club Incorporated Broadcasting Instrument 2025

Purpose

The purpose of CASA EX64/25 — Northern Rivers Hang Gliding and Paragliding Club Incorporated Broadcasting Instrument 2025 (the instrument) is to:

• exempt the members of the Northern Rivers Hang Gliding and Paragliding Club Incorporated (the Club) from certain radio carriage and broadcast requirements and radiocommunication systems requirements in the YBBB/Ballina/Byron Gateway aerodrome mandatory broadcast area (the designated area)
• direct the Club to follow certain procedures to compensate for the absence of the radio broadcasts.

The instrument imposes conditions on these exemptions, and issues other directions, that the Civil Aviation Safety Authority (CASA) considers necessary in the interests of the safety of air navigation, together with a related exemption for holders of authorisations issued by Sports Aviation Federation of Australia Limited (SAFA).

The objective is to preserve an acceptable level of aviation safety by reducing radio frequency congestion in the airspace by coordinating and thereby reducing otherwise obligatory hang gliding and paragliding radio broadcasts.

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. Relevantly, the Governor-General has made the Civil Aviation Regulations 1988 (CAR) and the Civil Aviation Safety Regulations 1988 (CASR).

CASR — Exemptions (Subpart 11.F)

Each provision mentioned in this section is a provision of CASR.

Subpart 11.F provides for the granting of exemptions from particular provisions of the regulations or the Civil Aviation Orders (the CAOs). Within Division 11.F.1, subregulation 11.160(1) provides that, for subsection 98(5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or of a CAO in relation to a matter mentioned in that subsection.

Under subregulation 11.160(2), CASA may grant an exemption 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 11.160(3), CASA may grant an exemption on application by a person or on CASA’s own initiative.

Under subregulation 11.170(3), in deciding whether to grant an exemption, CASA must regard as paramount the preservation of at least an acceptable level of aviation safety.

Under subregulation 11.175(4) of CASR, in deciding whether to reissue an exemption, CASA must regard as paramount the preservation of at least an acceptable level of aviation safety. CASA has regard to the same test when deciding whether to grant or renew an exemption on its own initiative.

Under subregulation 11.205(1), CASA may impose on an exemption under Subpart 11.F any condition necessary in the interests of the safety of air navigation.

Under regulation 11.210, it is a strict liability offence (with a maximum penalty of 50 penalty units) not to comply with the obligations imposed by a condition.

Under regulation 11.225, an exemption must be published on the internet. Under subregulation 11.230(1), the maximum duration of an exemption is 3 years.

CASR — Directions (Subpart 11.G)

Each provision mentioned in this section is a provision of CASR.

Subpart 11.G provides for CASA to issue directions in relation to matters affecting the safety of air navigation. Under paragraph 11.245(1)(a), CASA may, by instrument, issue a direction about any matter affecting the safe navigation and operation of aircraft.

Subregulation 11.245(2) provides that CASA may issue such a direction only if CASA is satisfied that it is necessary to do so in the interests of the safety of air navigation, only if the direction is not inconsistent with the Act, and only for the purposes of CASA’s functions.

Under regulation 11.250, a direction ceases to be in force on the day specified in the direction or, if no day is specified, 1 year after the day it commences. Under regulation 11.255, it is a strict liability offence (with a maximum penalty of 50 penalty units) for a person to contravene a direction under regulation 11.245 that is applicable to the person.

Part 91 of CASR and the Part 91 Manual of Standards

Unless otherwise stated, each provision mentioned in this section is a provision of CASR.

Under regulation 91.400, the pilot in command of an aircraft for a flight commits a strict liability offence if:

(a) the aircraft is operating on the manoeuvring area of, or in the vicinity of, a certified aerodrome (among other kinds of aerodromes); and

(b) the aerodrome is a non-controlled aerodrome; and

(c) if the aircraft is not carrying an operative radio — unless either subregulation 91.400(3) or (4) is satisfied.

Subregulation 91.400(3) relates to flight in company with another aircraft that is carrying an operative radio. Subregulation 91.400(4) relates to a flight to take the radio to a place where it can be repaired.

Under regulation 91.630, the pilot in command of an aircraft for a flight commits a strict liability offence if:

(a) the aircraft is fitted with or carries a radio; and

(b) during the flight, the pilot in command does not make a broadcast or a report relating to the flight that is prescribed by the Part 91 (General Operating and Flight Rules) Manual of Standards 2020 (the Part 91 MOS) for paragraph 91.630(1)(b).

Section 21.02 of the Part 91 MOS sets out the purpose of Division 21.2 of the Part 91 MOS. Specifically, section 21.02 provides that, for paragraph 91.630(1)(b), Division 21.2 of the Part 91 MOS prescribes broadcasts and reports relating to a flight that the pilot in command of an aircraft fitted with or carrying a radio must ensure are made during the flight. Sections 21.03 to 21.09 of the Part 91 MOS prescribe broadcasts and reports of various kinds for paragraph 91.630(1)(b). However, it is not necessary to describe the effect of those sections of the Part 91 MOS in this Explanatory Statement because the instrument exempts the pilot in command of a hang glider or paraglider from compliance with regulation 91.630 as a whole.

Under paragraph 91.255(1)(a), the Part 91 MOS may prescribe requirements in relation to the use by an aircraft of a class of airspace or a portion of a class of airspace.

Under subregulation 91.255(2), the pilot in command of an aircraft for a flight commits an offence of strict liability if such a requirement is not met for the flight.

Section 11.10A of the Part 91 MOS sets out mandatory broadcast area (MBA) requirements for subregulation 91.255(1) of CASR. Under subsection 11.10A(3), for the Ballina/ Byron Gateway MBA, the pilot in command must comply with the requirements mentioned in Table 11.10A(3) for the MBA. Those requirements are that when a Surveillance Flight Information Service (SFIS) is active for the MBA, operations in the MBA, or immediately before entering the MBA, must be conducted in accordance with the Aeronautical Information Publication (AIP).

Under subregulation 91.810(2), it is a strict liability offence if a person is subject to a requirement in the Part 91 MOS relating to the fitment and non-fitment of equipment on an aircraft, the carrying of equipment on an aircraft or equipment that is fitted to, or carried on, an aircraft, and the requirement is not met.

Section 26.18 of the Part 91 MOS sets out radiocommunication systems requirements for regulation 91.810 of CASR. Specifically, subsection (1) provides that, subject to subsection (2), an aircraft for a flight, in any class of airspace, whether controlled or uncontrolled, must be fitted with radiocommunication systems capable of:

(a) collectively communicating on all frequencies necessary to meet the reporting, broadcast and listening watch requirements under regulations 91.630, 91.635, 91.640 and 91.675, from any point on the route of the flight, including in the event of any diversions; and

(b) 2-way voice communications; and

(c) communicating on the aeronautical emergency frequency 121.5 MHz.

Subregulation (2) provides that, subject to subsections (3) and (4), an aircraft for a flight under the VFR by day in Class G airspace at or below 5 000 ft AMSL (a relevant aircraft) is not required to comply with subsection (1).

Subregulation (3) provides that subsection (2) does not apply if a relevant aircraft is operating in accordance with the VMC criteria at item 4, 5 or 6 of Table 2.07(3).

Subregulation (4) provides that subsection (2) does not apply if a relevant aircraft is operating within, or intending to enter, an MBA.

Under regulation 91.625, a person commits an offence of strict liability if, relevantly for this instrument:

(a) the person transmits on a radio frequency published in the AIP or NOTAMs that is used by Air Traffic Services, or used for communications at an aerodrome (as mentioned in the provision); and

(b) the person is not authorised or qualified to do so under Part 61, 64 or 65 of CASR or by a Part 103 approved self-administering aviation organisation (ASAO).

CAO 95.8

CAO 95.8 applies to, relevantly, hang gliders and paragliders that are employed in private operations because of the combined effect of:

(a) the application provision in subsection 4; and

(b) the definition of relevant aircraft in paragraph 5.1.

Under subparagraph 10.3(b) of CAO 95.8, a relevant aircraft must not be flown in the VMC criteria specified in item 4 of Table 2.07(3) of the Part 91 MOS, unless it is equipped with, or carries, serviceable radiocommunications equipment.

VMC (short for visual meteorological conditions) is defined in Part 1 of the CASR Dictionary as meaning meteorological conditions that meet the VMC criteria.

Paragraph (a) of the definition of VMC criteria in Part 1 of the CASR Dictionary provides that, for a class of aircraft (other than Part 131 aircraft) and a class of airspace (including flight visibility and distance from cloud) — means the criteria prescribed for the class of aircraft and class of airspace by the Part 91 MOS.

Part 91 MOS relating to VMC criteria

Section 2.07 of the Part 91 MOS sets out VMC criteria for aircraft.

Subsection 2.07(1) states that the section is for paragraph (a) of the definition of VMC criteria in the CASR Dictionary.

Subsection 2.07(2) states that VMC criteria means meteorological conditions expressed in terms of the flight visibility and distance from cloud (horizontal and vertical) prescribed in this section.

Subsection 2.07(3) states that, for Table 2.07(3), for a type of aircraft mentioned in an item of column 1, in a Class of airspace mentioned in the same item of column 2, at a height mentioned in the same item of column 3, the VMC criteria are those mentioned in the same item in columns 4 and 5 respectively, and are subject to the operational requirements mentioned in the same item in column 6.

Item 4 of Table 2.07(3) (VMC criteria) is as follows:

Part 149 of CASR

Under regulation 149.410 of CASR, the holder of an authorisation issued by an ASAO commits a strict liability offence if:

(a) a provision of the ASAO’s exposition applies to the holder; and

(b) the person contravenes the provision.

Incorporation by reference

Under subsection 14(1) of the Legislation Act 2003 (the LA), a legislative instrument may make provision in relation to matters by applying, adopting or incorporating provisions of an Act or disallowable legislative instrument as in force at a particular time or as in force from time to time. A legislative instrument may also make provision in relation to matters by applying, adopting or incorporating any matter contained in any other instrument or writing as in force at, or before, the time the legislative instrument commences.

Under subsection 14(2) of the LA, unless the contrary intention appears, the legislative instrument may not make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time. However, subsection 98(5D) of the Act provides that, despite section 14 of the LA, a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.

Background

The instrument renews the scheme in instrument CASA EX123/21 – Northern Rivers Hang Gliding and Paragliding Club Incorporated – Broadcasting Exemptions and Directions Instrument 2021 (the previous instrument) that repealed at the end of 30 September 2024, and makes some other changes that update the instrument to the current legislative framework.

The instrument is required until the commencement of a determination under section 5 of the Airspace Regulations 2007 that would have the effect of classifying the airspace within the designated area as Class C airspace. The date of such a determination is not yet confirmed. CASA plans to repeal this instrument when the new determination commences.

Ballina/Byron Gateway aerodrome is a certified, non-controlled aerodrome located at Ballina, New South Wales.

Airservices Australia (AA) introduced an SFIS for the aerodrome. An SFIS is an AA flight information service, on a common traffic advisory frequency (CTAF), provided remotely from an air traffic control centre by a licensed air traffic controller to IFR and VFR aircraft within a mandatory broadcast area. This replaces the certified air/ground radio service (CA/GRS) that previously served the aerodrome, performing a somewhat similar kind of service.

The Designated Airspace Handbook, that is part of the AIP, specifies which broadcast areas are MBAs, and their boundaries, including the YBBB/Ballina/Byron Gateway MBA. As a result, pilots in command of aircraft flying through, landing at, or taking off from, the YBBB/Ballina/Byron Gateway MBA during the published hours of operation of the SFIS established for the area must make specified broadcasts on a specified radio frequency (mandated radio calls).

Ballina Byron Gateway Airport shares a CTAF with Lismore, Casino and Evans Head aerodromes. The possibility of radio frequency congestion and over-transmission of radio broadcasts is, therefore, a potential aviation safety issue due to the number of aerodromes, the topography in the area, the numbers of aircraft, and the risk of reduced situational awareness of pilots.

For flying operations and pilot instruction, the Club operates from Pat Morton Lookout, Lennox Head, 2.2 nautical miles north-east of the threshold of runway 24 of Ballina/Byron Gateway aerodrome (Lennox Head). For pilot instruction only, the Club operates from 104 Fairfull Road, Numulgi (Numulgi). Depending on the weather conditions, there could be up to 20 pilots flying at any time, although due to topography and environmental conditions, the hang glider and paraglider pilots must operate below 400 feet above ground level.

A consequence of mandated radio calls within the YBBB/Ballina/Byron Gateway MBA is the requirement for all hang glider and paraglider pilots to carry a VHF radio and to make radio broadcasts every time they take off and land. This further increases the potential for radio frequency congestion. In practice, the aircraft and their pilots do not carry VHF radios but they are equipped with UHF radios.

To mitigate the frequency congestion risks, CA/GRS act as a coordinated broadcaster/monitor for the Club members when flying, using UHF as the means of communicating with the Club pilots.

Overview of instrument

The instrument is designed to establish a coordinated procedure for Club radio broadcasts in the SFIS environment and thereby reduce the number of pilots making radio broadcasts on the CTAF. The instrument only applies if there is a letter of agreement (LoA) in effect between AA and the Club which provides that AA will have procedures to complement those set out in Schedule 1 of the instrument. As at commencement of the instrument, the LoA in effect is the Letter of Agreement effective 5 September 2021.

The instrument exempts the Club’s pilots from CASR and the Part 91 MOS radio carriage and broadcast requirements, including mandatory broadcast area requirements, that would apply in the designated area, subject to specified conditions. The instrument would also exempt them from subparagraph 10.3(b) of CAO 95.8, to the extent that it may require the carriage of a VHF radiocommunication system, because the relevant aircraft would be flown in the VMC criteria set out in item 4 of Table 2.07(3) of the Part 91 MOS. The effect of the exemptions is that these pilots would no longer be required to carry and use a VHF radio in the designated area, provided they comply with conditions specified in the instrument. These exemptions apply if the Club member is flying a hang glider or paraglider, that is equipped with UHF radio, from Lennox Head or Numulgi (for pilot instruction operations only) in the designated area, and not above 400 feet above ground level.

Further, the instrument exempts a person who performs the role of Duty Officer or Chief Flight Instructor (CFI), and holds a radio operator qualification issued by SAFA, from compliance with regulation 91.625 of CASR. This enables the person to carry out responsibilities under the instrument to transmit on an aviation safety radio frequency without a qualification required under that regulation. Regulation 91.625 requires a person to be qualified under Part 61, 64 or 65 (for aircraft other than Part 103 or Part 131 aircraft), and, for Part 103 aircraft, by a Part 103 ASAO. Despite the application of Part 103 to hang gliders and paragliders, CAO 95.8 currently exempts persons with obligations in relation to those aircraft from Part 103 (and other provisions) of CASR. (CAO 95.8 continues longstanding legislative arrangements until a Part 103 Manual of Standards is made for Part 103).

The instrument issues directions to the Club in relation to the procedures it must have in place, to SAFA in relation to ensuring its operations manual (which the Club adopts) is consistent with the instrument, and to instructors in relation to the roles they must perform.

The instrument also exempts holders of authorisations issued by SAFA from compliance with regulation 149.410 of CASR to the extent of any inconsistency. Regulation 149.410 requires a person who holds an authorisation issued by an ASAO to comply with an ASAO’s exposition that applies to the holder. This exemption is necessary because SAFA became an ASAO in 2023, and therefore subject to the provisions in Part 149 of CASR.

Because preservation of an acceptable level of aviation safety is essential given the exemption provided, the instrument and the procedures it specifies to be followed by the Club and relevant persons are comparatively detailed, setting out procedural steps to be followed, communication methodologies required, and word formulas to be spoken.

The procedures hinge around the ground-based role of a Club Duty Officer (or equivalent). The Duty Officer must always be on duty when Club members are flying and has responsibility to make coordinated radio broadcasts to, and monitor the air traffic information from, the SFIS.

The content of the instrument is described in greater detail at Attachment 1.

CASA has assessed the Club’s application for the renewal of the previous exemption. CASA considers that the exemption justification prepared to support the exemption granted by the previous instrument remains appropriate and applicable. A safety case/risk assessment was also requested from and supplied by the Club on 28 October 2024. Based on that assessment, CASA is satisfied that there are no adverse safety implications in relation to granting the exemptions or issuing the directions.

Documents incorporated by reference

The following documents are incorporated by reference in the instrument.

Designated area is a term defined in the instrument as meaning the YBBB/Ballina/Byron Gateway MBA as specified in the AIP. The Designated Airspace Handbook is the part of the AIP that specifies the YBBB/Ballina/Byron Gateway area as an MBA and its lateral and vertical boundaries.

Published hours of operation is a defined term meaning the hours of operation of the SFIS as published in the AIP Supplement, or the En Route Supplement Australia publication. As noted above, these documents may be freely obtained from AA, which publishes them at the following website address: <https://www.airservicesaustralia.com/aip/aip.asp>.

An exposition of an ASAO is proprietary to the ASAO and may include commercial in confidence information about the ASAO’s functions and operations. The incorporated requirements of an exposition are at the ASAO-specific level and apply only to the ASAO, its personnel and persons to whom the ASAO has issued an authorisation to conduct an activity that the ASAO administers. Further, the ASAO is under obligations to make the exposition available to its personnel and authorisation holders.

The exposition is incorporated as existing from time to time. CASA approves an ASAO’s exposition at the entry point under regulation 149.080 and Part 149 provisions regulate how documents in the exposition may be changed. In the CASR Dictionary, exposition, for an ASAO, means the set of documents as approved by CASA under regulation 149.080 in relation to the ASAO, and, if the set of documents is changed under regulation 149.115 or 149.120 or in accordance with the process mentioned in paragraph 149.340(i), the set of documents as changed.

Legislation Act 2003

Paragraph 98(5A)(a) of the Act provides that CASA may issue instruments in relation to matters affecting the safe navigation and operation, or the maintenance, of aircraft. Additionally, paragraph 98(5AA)(a) of the Act provides that an instrument issued under paragraph 98(5A)(a) is a legislative instrument if the instrument is expressed to apply in relation to a class of persons. The instrument exempts a class of persons (Club members, as well as the Club itself) from compliance with particular provisions of CASR and CAO 95.8.

The instrument is, therefore, a legislative instrument, and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.

Sunsetting

Part 4 of Chapter 3 of the LA (the sunsetting provisions) does not apply to the instrument because the instrument relates to aviation safety and is made under CASR (item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015).

However, this instrument will be repealed at the end of 12 December 2026, if not repealed earlier. This will occur before the sunsetting provisions would have repealed the instrument if they had applied. Any renewal of the instrument will be subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA. Therefore, the exemption from sunsetting does not affect parliamentary oversight of this instrument.

Consultation

The Club has applied for this instrument, which operates in a substantially similar way to the previous instrument.

CASA consulted the Club and AA in relation to the proposal to issue a new instrument in substantially similar terms as the previous instrument. AA advised that it intended to update the LoA once the instrument was issued. CASA also consulted directly with SAFA and SAFA requested that the exemption continue.

CASA also consulted with the following bodies and none objected to the proposal:

• The Ballina Aeroclub
• The Ballina Byron Bay Airport Manager
• White Star Aviation
• Air T&G
• Airservices Australia
• Casino Aeroclub
• Fast Aviation Lismore
• The Tyagarah Gliding Club.

All parties consulted with understood the issue of frequency congestion that the instrument aims to reduce and no objections were received to the issue of the instrument.

CASA also emailed the following airlines that operate into Ballina/Byron Gateway aerodrome regarding the proposal to replace the previous instrument but received no response:

• Jetstar
• Virgin Australia
• Qantas.

CASA has provided the Club with a copy of the proposed instrument. In these circumstances, CASA is satisfied that no further consultation is appropriate or reasonably practicable for the instrument for section 17 of the LA.

Sector risk, economic and cost impact

Subsection 9A(1) of the Act states that, in exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration. Subsection 9A(3) of the Act states that, subject to subsection (1), in developing and promulgating aviation safety standards under paragraph 9(1)(c), CASA must:

(a) consider the economic and cost impact on individuals, businesses and the community of the standards; and

(b) take into account the differing risks associated with different industry sectors.

The cost impact of a standard refers to the direct cost (in the sense of price or expense) which a standard would cause individuals, businesses and the community to incur. The economic impact of a standard refers to the impact a standard would have on the production, distribution and use of wealth across the economy, at the level of the individual, relevant businesses in the aviation sector, and the community more broadly. The economic impact of a standard could also include the general financial impact of that standard on different industry sectors.

The instrument renews the same scheme as in expired instrument CASA EX123/21, and includes substantially similar provisions and conditions. Although the instrument includes some new provisions, these are machinery in nature, dealing predominantly with changes to the legislative framework and not introducing new obligations. As such, there will be no change of economic or cost impact on individuals, businesses or the community.

Impact on categories of operations

By relieving pilots of VHF radio broadcast requirements in the airspace surrounding Ballina/Byron Gateway aerodrome while ensuring there are coordinated broadcasts from a qualified safety operative on the ground, the instrument is likely to have a beneficial effect on hang gliding and paragliding operations by reducing the risk of radio transmission congestion in the area and thereby contribute to the safety of pilots of these and other aircraft operating in the designated area.

Impact on regional and remote communities

The instrument applies in relation to the flying of hang gliders and paragliders in the YBBB/Ballina/Byron Gateway MBA only. It will have no particular impact on any other regional or remote communities.

Office of Impact Analysis (OIA)

An impact analysis (IA) is not required because the exemption and direction instrument is covered by a standing agreement between CASA and OIA under which an IA is not required for directions, approvals, permissions and exemptions (OIA id: OIA23-06252).

Statement of Compatibility with Human Rights

The Statement of Compatibility with Human Rights at Attachment 2 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

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.

The instrument commences on the day after it is registered and is repealed at the end of 12 December 2026.

Attachment 1

Overview of CASA EX64/25 — Northern Rivers Hang Gliding and Paragliding Club Incorporated Broadcasting Instrument 2025

1 Name

  This section names the legislative instrument.

2 Duration

  Under this section, the instrument commences on the day after it is registered and is repealed at the end of 12 December 2026.

3 Interpretation

  This section provides a number of key definitions for understanding the instrument.

  A key defined term is Duty Officer. In summary, a Duty Officer must be authorised under CAR or CASR to use a VHF radio and is appointed by, or on behalf of, the Club to monitor the VHF radio, and communicate on VHF radio with the SFIS air traffic controller and, on UHF radio, communicate the flight information received from the SFIS air traffic controller. The Duty Officer must also have the qualifications and flying experience mentioned in the definition.

  The section also provides that in the instrument a reference to the Duty Officer includes a reference to the Reserve Duty Officer or the Club’s CFI when that person is acting as the duty officer.

  Another key defined term is designated area. This means the YBBB/Ballina/Byron Gateway mandatory broadcast area (MBA) as specified in the AIP.

4 Application

  Subsection 4(1) provides that the instrument applies in relation to the flight by a relevant person (being an officially registered member of the Club) of a hang glider or paraglider that is fitted with, or carrying a serviceable UHF radio, from Lennox Head or Numulgi (for pilot instruction operations only) in the designated area. Under subsection (2), the exemptions in section 5 apply only when the Club has a letter from AA which provides that AA will have procedures complementing those in the instrument. (The procedures relate to the Club’s broadcasting arrangements.)

5 Exemptions

  Under subsection 5(1), a relevant person, who is flying a relevant aircraft from a relevant place in the designated area, is exempted from compliance with regulations 91.630 and 91.400 of CASR, subregulation 91.255(2) of CASR to the extent that it requires compliance with section 11.10A of the Part 91 MOS, subregulation 91.810(2) of CASR to the extent that it requires compliance with subsection 26.18(1) of the Part 91 MOS and, to the extent that the subparagraph may require the carriage of a VHF radiocommunication system, subparagraph 10.3(b) of CAO 95.8.

  Under subsection 5(2), the exemptions in subsection 5(1) are subject to the conditions in section 6.

  Subsections 5(3) and (4) provide for an exemption from compliance with regulation 91.625 of CASA when transmitting on a radio frequency for the purposes of the procedures set out in Schedule 1. This exemption applies to a person who is performing the role of a Duty Officer or a CFI. Duty Officers and CFIs are directed to comply with the procedures in Schedule 1 under subsection 7(8).

  The exemption in subsection (4) enables a Duty Officer or CFI to transmit on a radio frequency with a radio operator endorsement issued by SAFA, the sports aviation body that administers the operation of hang gliders and paragliders under Part 149. Regulation 91.625 requires a person to be qualified under Part 61, 64 or 65 (for aircraft other than Part 103 or Part 131 aircraft), and, for Part 103 aircraft, by a Part 103 ASAO. Despite the application of Part 103 to hang gliders and paragliders, CAO 95.8 currently exempts persons with obligations in relation to those aircraft from Part 103 (and other provisions) of CASR. (CAO 95.8 continues longstanding legislative arrangements until a Part 103 Manual of Standards is made for Part 103.) As such, it was necessary to provide that a radio operator endorsement issued by SAFA qualified a person for the purposes of that provision.

6 Conditions

  This section sets out the following conditions on the exemptions for pilots set out in subsection 5(1):

(a) the relevant person must not fly above 400 feet above ground level;

(b) the relevant person must comply with the operations manual and the Club’s procedures mentioned in subsection 7(9) of the instrument;

(c) the relevant person must ensure the aircraft is fitted with or carrying a serviceable UHF radio;

(d) the relevant person must have a current subscription to the instant messaging service used by the Club for communicating with relevant persons.

7 Directions — Club

  Under this section, the Club is directed to comply with prescribed safety procedures and requirements. For example, for flying or instructing operations at the respective sites, a Duty Officer (or a Reserve Duty Officer) or the CFI for flying training, as the case requires, must always be on duty on the ground with the VHF radio for monitoring the SFIS, as well as a UHF radio for communicating with the Club pilots, and a reliable mobile phone for communicating with the Brisbane Air Traffic Service Centre Supervisor.

  The CFI may be a Duty Officer but when the relevant person is undergoing pilot instruction the Club must have the CFI on duty, whether at Lennox Head or Numulgi. However, for general flying and pilot instruction occurring simultaneously at Lennox Head, the CFI may be taken to be the CFI and the Duty Officer (doubling as the Duty Officer).

  If the Duty Officer (or a Reserve Duty Officer), or the CFI, is not on duty, flying or instructing must cease. The Club must have written procedures and rules to ensure that the more detailed arrangements prescribed under Schedule 1 are followed.

  Before implementing any of the procedures under Schedule 1, the Club must provide CASA with a copy of the applicable LoA from AA.

8 Provisions of instrument to prevail over operations manual

  Under subsection 8(1), if a provision of the instrument is inconsistent with the SAFA operations manual adopted by the Club, or the SAFA qualifications manual, then the instrument prevails, and the holder of an authorisation issued by SAFA is exempt from compliance with regulation 149.410 of CASR to the extent of any inconsistency.

  The operations manual and the qualifications manual are both documents that are part of the exposition approved by CASA under regulation 149.080 of CASR for SAFA as an ASAO. Under Subpart 149.C of CASR certain changes to the exposition must be approved by CASA. Changes may also be of a kind that could be approved under an ASAO’s change process mentioned in paragraph 149.340(i) of CASR. Paragraph 149.350(1)(e) requires an ASAO to keep its exposition up to date.

  Subsection 8(2) includes a direction to the Club to apply the operations manual in a manner consistent with the instrument.

9 Direction — instructors

  Provided the CFI is present at a relevant place when pilot instruction is being conducted, an instructor may perform, at the place, any role of the CFI under the instrument other than the inherent roles of the CFI, namely:

(a) the role of the CFI who must be present when pilot instruction is under way at any relevant place; and

(b) the role of the CFI when doubling as the Duty Officer for general flying; and

(c) any role of the CFI that, regardless of anything in the instrument, the CFI would normally carry out, in the capacity of CFI, in relation to pilot instruction anywhere.

Schedule 1 Procedures

  Schedule 1 supplies the detailed procedures for Club flying and pilot instruction at the 2 sites mentioned above, in the context of the exemption from radio carriage and broadcasting requirements.

  Part A deals with procedures during the published hours of operation of the SFIS for the designated area.

  The Brisbane Air Traffic Service Centre Supervisor must be alerted by telephone to the proposed operations commencing, or ceasing, and confirmation of flying, or cessation, given to the Club members. Any changeovers of Duty Officers or telephones must also be communicated.

  For the duration of flying operations, the Duty Officer, or the CFI (as relevant), must:

(a) monitor the VHF radio for the designated area; and

(b) using UHF, relay to each relevant person, flight and safety information as appropriate; and

(c) in the event of an emergency or NOTAM — respond on the VHF radio to the SFIS air traffic controller, as required or necessary.

  If, for reasons beyond their control, the Duty Officer has to leave the relevant site, they must hand over Duty Officer responsibility to the Reserve Duty Officer. If neither is available, flying must cease, as flying for pilot instruction must cease in the absence of the CFI.

  Part B deals with procedures outside the published hours of operation of the SFIS for the designated area. The procedures are very similar to those for published hours. However, for operations that commence before, or cease after, the published hours of operation of the SFIS, the Duty Officer, or the CFI (as relevant), must actually broadcast on the CTAF frequency (124.2 MHz) using a prescribed formula, to alert air traffic control to the commencement or cessation of operations.

Attachment 2

Statement of Compatibility with Human Rights

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

CASA EX64/25 — Northern Rivers Hang Gliding and Paragliding Club Incorporated Broadcasting Instrument 2025

The 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 purpose of CASA EX64/25 — Northern Rivers Hang Gliding and Paragliding Club Incorporated Broadcasting Instrument 2025 (the instrument) is to:

• exempt the members of the Northern Rivers Hang Gliding and Paragliding Club Incorporated (the Club) from certain radio broadcast requirements and radio communication systems requirements when flying in the mandatory broadcast area (MBA) at the Ballina/Byron Gateway aerodrome (Ballina aerodrome)
• direct the Club to follow certain procedures to compensate for the absence of the radio broadcasts.

The instrument imposes conditions on the exemption, and issues other directions, that the Civil Aviation Safety Authority considers necessary in the interest of the safety of air navigation.

The objective is to preserve an acceptable level of aviation safety by reducing radio frequency congestion in the airspace by coordinating and thereby reducing otherwise obligatory hang gliding and paragliding broadcasts.

Human rights implications

The instrument engages the following applicable rights or freedoms:

Right to life under the ICCPR

Right to safe and healthy working conditions under the ICESCR

Ballina aerodrome shares a common traffic advisory frequency with Lismore, Casino and Evans Head aerodromes. The possibility of radio frequency congestion and over-transmission of radio broadcasts is, therefore, a potential aviation safety issue due to the number of aerodromes, the topography in the area, the number of aircraft, and the risk of reduced situational awareness of pilots.

Relieving hang glider and paraglider pilots of radio broadcast requirements in the MBA at Ballina aerodrome, while ensuring that there are coordinated, vicarious, broadcasts from a qualified safety operative on the ground, will help to reduce the risk of radio transmission congestion in the area. This will contribute to preserving the safety of the relevant airspace during flying and pilot instructing operations and thereby promote the right to life for all pilots using the relevant airspace, and right to safe and healthy working conditions for flight crew and passengers of relevant commercial aircraft using the airspace.

Human rights implications

The 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. To the extent that the instrument engages certain of these rights, it does so in a way that is reasonable, necessary and proportionate by promoting relevant rights.

Conclusion

The legislative instrument is compatible with human rights, and to the extent that it engages certain rights, it does so in a way that promotes rather than limits those rights.

Civil Aviation Safety Authority