Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — release of small and light unmanned free balloons beyond visual line of sight of the operator
Purpose
The exemption enables operators of small and light unmanned free balloons to continue to release a balloon without CASA approval to operate the balloon beyond visual line of sight.
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Regulation 101.030 of the Civil Aviation Safety Regulations 1998 (CASR) provides for the approval of areas, defined in regulation 101.150 as approved areas, for the operation (release) of unmanned free balloons.
Regulation 101.155 of CASR provides for the release of small balloons subject to approval or notice requirements.
Regulation 101.160 of CASR provides for the release of light balloons outside approved areas subject to notice requirements.
Regulation 101.073 requires unmanned aircraft to be operated within visual line of sight unless the operator is approved by CASA to operate the unmanned aircraft beyond visual line of sight.
Under subregulation 11.160 (1) of CASR, for subsection 98 (5A) of the Act, CASA may grant an exemption from compliance with a provision of the regulations in relation to a matter mentioned in that subsection.
Subregulation 11.170 (3) provides that, in deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of aviation safety.
Instrument
The effect of the instrument is to enable operators of small and light unmanned free balloons to continue to release a balloon without CASA approval to operate the balloon beyond visual line of sight.
Legislation Act 2003 (the LA)
Paragraph 98 (5AA) (b) of the Act provides that an instrument issued in relation to matters affecting the safe navigation and operation, or the maintenance, of aircraft is a legislative instrument if the instrument is expressed to apply to a class of aircraft.
The exemption is expressed to apply to classes of aircraft, that is, small unmanned free balloons and light unmanned free balloons. The instrument is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
Consultation under section 17 of the LA has not been undertaken in this case.
The instrument is provided to remove an unnecessary burden on operators of small and light unmanned balloons to obtain CASA approval before operating such balloons beyond visual line of sight outside approved areas. This maintains the position prior to the recent introduction of new regulations in Part 101 of CASR which has imposed a requirement on all unmanned aircraft to obtain CASA approval for operating beyond visual line of sight.
In these circumstances, CASA is satisfied that no further consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.
Statement of Compatibility with Human Rights
The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms and is compatible with human rights as it does not raise any human rights issues.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required in this case as the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).
Making and commencement
The exemption has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
The instrument commences on the day after registration and is repealed at the end of 31 May 2020.
[Instrument number CASA EX65/17]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — release of small and unmanned free balloons
beyond visual line of sight of the operator
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 exemption enables operators of small and light unmanned free balloons to continue to release a balloon without CASA approval to operate the balloon beyond visual line of sight.
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