Explanatory Statement
Civil Aviation Regulations 1988
Exemption — flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at West Sale Aerodrome
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.
Civil Aviation Order 95.55 (CAO 95.55) exempts some aeroplanes registered with Recreational Aviation Australia Incorporated (RAA) from some provisions of the Civil Aviation Regulations. RAA may conduct flight training in controlled airspace under CAO 95.55 if the aeroplane is registered with the RAA and the pilot is suitably qualified and trained. RAA students and a pilot undertaking a training flight under the control of the Edge Aerospace Pty Ltd, trading as Edge Aviation (the operator) are not allowed to fly an aeroplane inside an area that has been designated in AIP as a prohibited or restricted area at such times as any such prohibited or restricted area is active.
The exemption is to allow the operator to conduct flight training for its students using ultralight aeroplanes registered with the RAA at West Sale Aerodrome (YWSL) in an area that has been designated as a prohibited or restricted area.
The operator is required to meet all the conditions in CAO 95.55 for ultralight operations except the requirement not to fly in restricted airspace without a valid private pilot licence.
Legislative Instruments Act
Subregulation 308 (4) of the Civil Aviation Regulations 1988 (CAR 1988) declares an exemption to be a disallowable instrument. 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. 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 been undertaken between the operator and RAAF East Sale leading to the signing of an agreement. The instrument is similar to another instrument issued to another operator for the same area.
The instrument commences on the day after it is registered and stops having effect at the earlier of, the agreement between the operator and RAAF East Sale ceasing to have effect or the end of 30 September 2011.
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Instrument number CASA EX89/09]