Explanatory Statement
Civil Aviation Regulations 1988
Exemption — use of radiocommunication systems in firefighting operations (Western Australia)
Legislation
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Under regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of the aircraft, from compliance with specified provisions of CAR 1988.
Subregulation 308 (3) of CAR 1988 provides that CASA is authorised to give an exemption subject to any conditions specified in the exemption as being necessary in the interests of safety.
Paragraph 83 (1) (c) of CAR 1988 requires that the pilot in command of an Australian aircraft must not permit the operation of the radiocommunication system during flight time in the aircraft except by a person who holds a flight radiotelephone operator licence or a student pilot licence.
Paragraph 83 (1) (e) of CAR 1988 requires that the pilot in command of an Australian aircraft must not permit the operation of the radiocommunication system while the aircraft is on the ground except by a person who holds a licence or certificate mentioned in paragraph 83 (1) (d).
Paragraph 83 (2) (b) of CAR 1988 requires that the owner of a radiocommunication system not installed in an aircraft but used to ensure the safety of air navigation must not permit persons to operate that system unless they hold such a licence or certificate.
Under subregulation 83 (3) of CAR 1988, a person must not operate a radiocommunication system that is:
(a) not installed in, or carried on, an aircraft; or
(b) installed in, or carried on, an aircraft that is on the ground;
if the person does not hold one of the specified licences or certificates.
The Department of Environment and Conservation of Western Australia (the DEC) and the Fire and Emergency Services Authority of Western Australia (the FESA) have been allocated certain aviation bandwidth VHF AM frequencies by Airservices Australia and the Australian Communications and Media Authority for use during bush firefighting activities.
During the conduct of those operations, DEC and FESA personnel have a need to use radiocommunication systems for tactical aircraft-to-aircraft and air-to-ground communications. Although trained in the use of radiocommunication systems for use in firefighting operations, those personnel do not usually hold licences or certificates of the kind referred to in subregulation 83 (1) or (3) of CAR 1988.
The effect of this exemption is to exempt a pilot in command of an Australian aircraft engaged in fire fighting or training for fire fighting, in which a radiocommunication system approved under subregulation 82 (1) of CAR 1988 is installed, from compliance with the requirements of paragraphs 83 (1) (c) and (e).
In addition, the DEC and the FESA are exempted from compliance with paragraph 83 (2) (b) of CAR 1988. This exemption will enable the DEC and the FESA, as the owners of a radiocommunication system not installed in, or carried on, an aircraft, to permit the operation of that system by a person who is not the holder of a certificate or licence of a kind that would otherwise be required.
This exemption also exempts radio operators who are members or staff of the DEC or the FESA from compliance with subregulation 83 (3) of CAR 1988. Under that regulation, they are required to hold a licence or certificate of a specified kind.
Conditions for the exemption to apply are mentioned in Schedule 1 to the instrument. DEC or FESA operators must have successfully completed a prescribed DEC or FESA training course including the use of radiocommunication systems. They must also only use the allocated aviation bandwidth frequencies and do so only for fire suppression and prevention operations or training for such operations.
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. Under subregulation 308 (4) of CAR 1988, an exemption is declared to be a disallowable instrument. The exemption is, therefore, a legislative instrument and 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 not been undertaken in this case. The instrument is required for firefighting operations and is identical to an instrument (CASA EX58/08) issued for such operations in Victoria, except that this instrument also applies to training for those operations.
The instrument commences on the day after it is registered. It stops having effect at the end of October 2010.
The exemption has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX70/08]