Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — provision of ARFFS at Broome International Airport
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Subpart 139H of the Civil Aviation Safety Regulations 1998 (CASR 1998) applies to aerodrome rescue and fire fighting services (ARFFS).
Airservices Australia
Airservices Australia (AA) holds a certificate of approval issued by CASA under regulation 139.711 of CASR 1998 to provide ARFFS at various aerodromes and is, therefore, an approved provider subject to the requirements of Subpart 139H of CASR 1998 and the Manual of Standards (the MOS).
Regulation 139.765 of CASR 1998 provides that an ARFFS provider must have the knowledge, equipment and expertise to deal with any hazard likely to arise during an aviation accident or incident, including any hazard mentioned in the MOS.
Regulation 139.890 of CASR 1998 states that there must be a system, in accordance with the standards or requirements set out in the MOS, to ensure that the service complies with the requirements of this Subpart. Regulation 139.895 states that there must be a system, in accordance with the MOS to manage changes in equipment and procedures, what the service does, the level or kinds of service provided and the way the service is provided.
Regulation 139.900 of CASR 1998 states that there must be a safety management system for the service in accordance with the MOS, including the policies, procedures and practices necessary to provide the service safely.
Exemptions
Under subregulation 11.160 (1) of CASR 1998, CASA may grant an exemption from compliance with a provision of CASR 1998. AA has applied for an exemption. In deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety.
Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.210, it is an offence to fail to comply with a condition of an exemption.
Under regulation 11.225 of CASR 1998, an exemption must be published on the World Wide Web. Under subregulation 11.230 (1) an exemption ceases on the day specified within it (but no longer than 2 years after its commencement), or if no day is specified, 2 years after commencement.
This exemption renews a previous exemption CASA EX44/08 which expires at the end of December 2008. AA has not yet met the standards that will allow it to operate without an exemption. The renewed exemption will allow the provision of ARFFS at Broome International Airport by AA until the safety case is completed and all the CASA requirements are met. It is important that ARFFS is maintained at the airport. The exemption will continue in force until 31 December 2009. It contains new conditions to ensure that an appropriate level of service is maintained.
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. Regulation 11.215 of CASR 1998 declares an exemption 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 been undertaken. CASA consulted AA. AA also consulted the previous airport operator. No adverse comments were received.
The instrument commences on 1 January 2009. It stops having effect at the end of 31 December 2009.
The exemption has been made by a delegate of CASA appointed under regulation 11.260 of CASR 1998.
[Instrument number CASA EX93/08]
Overview
The Civil Aviation Safety Regulations 1998, amended by F2008L04630, address the need for exemptions to be granted for the provision of Aerodrome Rescue and Fire Fighting Services (ARFFS) at Broome International Airport, as per the Civil Aviation Act 1988. This legislation was introduced to allow Airservices Australia (AA) to continue providing ARFFS at Broome International Airport until all Civil Aviation Safety Authority (CASA) requirements are met, ensuring an acceptable level of safety is maintained. The exemption allows AA to operate under specific conditions set by CASA, and it is paramount that these conditions are met to safeguard air navigation. The exemption was enacted through a delegate of CASA, under the authority granted by the Civil Aviation Safety Regulations 1998, and is subject to disallowance in the Parliament as a legislative instrument under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR 1998) apply to aerodrome rescue and fire fighting services (ARFFS), with specific provisions outlined in Subpart 139H. This subpart governs the requirements for ARFFS providers, including the knowledge, equipment, and expertise necessary to handle aviation accidents or incidents as detailed in the Manual of Standards (MOS). Airservices Australia (AA), as an approved ARFFS provider under the CASR 1998, must comply with these standards, including the implementation of a safety management system in accordance with the MOS. However, under subregulation 11.160 of the CASR 1998, the Civil Aviation Safety Authority (CASA) has the authority to grant exemptions from certain regulatory provisions to maintain an acceptable level of safety. The exemption discussed here pertains specifically to AA's provision of ARFFS at Broome International Airport, allowing continued operation until the safety case is completed and all CASA requirements are met. The exemption, which renews a previous one and includes new conditions, is subject to the Legislative Instruments Act 2003 and must be tabled and potentially disallowed in Parliament. The exemption is effective from 1 January 2009 and will cease on 31 December 2009, unless otherwise specified.
Key Provisions
The key sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) relevant to this legislation pertain to aerodrome rescue and fire fighting services (ARFFS) at aerodromes, including Broome International Airport. Section 139.765 requires that ARFFS providers must have the necessary knowledge, equipment, and expertise to handle any hazards that could arise during an aviation accident or incident, as outlined in the Manual of Standards (MOS). Section 139.890 mandates a system to ensure compliance with the requirements of Subpart 139H, while section 139.895 specifies the need for a system to manage changes in equipment, procedures, and service levels. Additionally, section 139.900 stipulates the requirement for a safety management system in line with the MOS. The overarching aim of these provisions is to ensure that ARFFS are provided safely and effectively.
Airservices Australia (AA), as an approved ARFFS provider, is bound by these regulatory requirements and must ensure that it has the requisite knowledge, equipment, and expertise to handle aviation emergencies. It must also establish and maintain systems that ensure compliance with the MOS and manage any changes in its operations. Furthermore, AA must implement a comprehensive safety management system that adheres to the MOS. These obligations are designed to maintain a high standard of safety and operational readiness at all times.
Failure to comply with the conditions of the exemption, as outlined in regulation 11.210, constitutes an offence. The penalties for such breaches are not explicitly stated in the provided text, but generally, non-compliance with aviation safety regulations can result in significant fines, legal action, or both. The exemption itself is subject to disallowance by Parliament under the Legislative Instruments Act 2003, as stipulated in subparagraph 6(d)(i). The exemption must be published on the World Wide Web, as required by regulation 11.225, and it will cease to have effect on 31 December 2009, or earlier if specified within the exemption itself.
The exemption granted by CASA allows AA to provide ARFFS at Broome International Airport until the safety case is completed and all CASA requirements are met. This exemption is subject to conditions designed to ensure that an appropriate level of service is maintained during the interim period. The process of granting this exemption involved consultation with AA and the previous airport operator, with no adverse comments received. This consultation process underscores the importance of stakeholder engagement in ensuring the safety and effectiveness of ARFFS at the airport.