CASA EX65/17 - Exemption — release of small and light unmanned free balloons beyond visual line of sight of the operator

Overview

The Civil Aviation Safety Regulations 1998 were enacted by the Australian Government to ensure the safety of air navigation and aircraft operations. The primary objective of these regulations is to maintain an acceptable level of aviation safety, as empowered by the Civil Aviation Act 1988. The specific exemption concerning the release of small and light unmanned free balloons beyond the visual line of sight of the operator was introduced to address the burden placed on operators by the recent introduction of new regulations in Part 101 of the Civil Aviation Safety Regulations 1998, which imposed a requirement for all unmanned aircraft to obtain Civil Aviation Safety Authority (CASA) approval for operating beyond visual line of sight. The exemption aims to remove this unnecessary burden and maintain the previous operational position for such balloons. This legislative instrument was made by the Director of Aviation Safety on behalf of CASA and is subject to tabling and disallowance in Parliament under the Legislation Act 2003. The exemption is compatible with human rights as it does not engage any applicable rights or freedoms, as stated in the Statement of Compatibility with Human Rights prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Civil Aviation Safety Regulations 1998 Exemption — release of small and light unmanned free balloons beyond visual line of sight of the operator, enables operators of small and light unmanned free balloons to release a balloon without obtaining Civil Aviation Safety Authority (CASA) approval to operate the balloon beyond visual line of sight. This exemption applies to operators of small and light unmanned free balloons and maintains the status quo before the introduction of new regulations in Part 101 of the Civil Aviation Safety Regulations 1998, which required CASA approval for operating such balloons beyond visual line of sight. This exemption is made under the authority of subsection 98(1) of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the safety of air navigation. The exemption is considered a legislative instrument as it applies to classes of aircraft and is subject to tabling and disallowance in the Parliament under the Legislation Act 2003. CASA determined that consultation under section 17 of the Legislation Act was not appropriate or reasonably practicable in this instance. The exemption is compatible with human rights as it does not engage any applicable rights or freedoms and does not raise any human rights issues, as stated in the Statement of Compatibility with Human Rights. The exemption commences on the day after registration and is repealed at the end of 31 May 2020.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) establish the framework for the safe operation of aircraft in Australian airspace, including unmanned aircraft such as small and light free balloons. Under subsection 98(1) of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations for aviation safety. Regulation 101.030 of the CASR mandates the approval of specific areas, termed "approved areas," for the release of unmanned free balloons. Regulation 101.155 and 101.160 specify that operators must gain approval or provide notice for releasing small balloons and light balloons outside approved areas, respectively. Additionally, Regulation 101.073 requires operators to keep unmanned aircraft within visual line of sight unless they have been approved by the Civil Aviation Safety Authority (CASA) to operate beyond visual line of sight. Operators of small and light unmanned free balloons are subject to several obligations under this legislation. They must ensure that the balloons are released within approved areas as defined in Regulation 101.030 unless they qualify for an exemption. If operating outside approved areas, they must comply with the notice requirements outlined in Regulation 101.155 and 101.160. Operators must also adhere to the visual line of sight requirement stipulated in Regulation 101.073 unless they have obtained the necessary CASA approval. The exemption in the Civil Aviation Safety Regulations 1998 allows operators of small and light unmanned free balloons to release a balloon without needing CASA approval to operate the balloon beyond visual line of sight, provided they follow other relevant regulations. Breaching the provisions of the Civil Aviation Safety Regulations 1998 can lead to various consequences. Operators who fail to comply with the regulations, such as releasing a balloon outside approved areas without the required approval or notice, may face enforcement actions from CASA. Penalties for non-compliance can include fines and other administrative sanctions. For instance, operating an unmanned aircraft beyond visual line of sight without CASA approval could result in significant penalties as outlined in the regulations. The maximum penalties for serious breaches can vary, but they are intended to ensure adherence to safety standards and protect the integrity of Australia's airspace. CASA's primary consideration in enforcing these regulations is to maintain an acceptable level of aviation safety, as stipulated in subregulation 11.170(3) of the CASR.