Overview

The Civil Aviation Amendment Order (No. R23) 2004 was enacted to address the need for compliance and consistency with the Legislative Instruments Act 2003, which was set to take effect on 1 January 2005. This Order revokes and remakes section 29.3 of the Civil Aviation Orders, which pertains to aeroplanes engaged in agricultural operations and carrying out night spraying. The purpose of this amendment was not to alter the existing law or policy but to update outdated legislative references and introduce gender-neutral wording, in line with contemporary legislative standards. The Office of Regulation Review determined that a Regulation Impact Statement was unnecessary due to the minor and machinery of government nature of the Order. It was issued by the Director of Aviation Safety under subsection 84A(2) of the Civil Aviation Act 1988 and came into effect upon gazettal.

Scope and Application

The Civil Aviation Amendment Order (No. R23) 2004, which revokes and replaces section 29.3 of the Civil Aviation Orders, applies to aeroplanes engaged in agricultural operations that carry out night spraying. These operations are governed by specific requirements concerning the landing areas and aerodromes that may be used, as well as detailed operational protocols and permissible aeroplane types. The Order also specifies necessary equipment and allows operations to be conducted at a lower altitude than the minimum height of 1,000 feet above the highest obstacle within 10 miles, as stipulated in subregulation 174B(1) of the Civil Aviation Regulations 1988, provided CASA grants permission. The Order operates within the Commonwealth jurisdiction and its application is not limited geographically but pertains to all aeroplanes involved in the specified activities across Australia. The Order does not introduce any changes in existing law or policy but serves to ensure compliance with the Legislative Instruments Act 2003, effective from 1 January 2005. The Order has been issued by the Director of Aviation Safety in accordance with the Civil Aviation Act 1988 and came into effect upon gazettal.

Key Provisions

The Civil Aviation Amendment Order (No. R23) 2004 serves to revoke and replace Section 29.3 of the Civil Aviation Orders, which pertain to aeroplanes engaged in agricultural operations, specifically night aerial spraying. This amendment is in line with the requirements of the Legislative Instruments Act 2003 and is intended to ensure compliance and consistency with the new legislative framework. Section 28BA(1) of the Civil Aviation Act 1988 (the Act) states that an Air Operator’s Certificate is subject to any conditions specified in the regulations or the Orders. Furthermore, subsection 98(4A) of the Act empowers the Civil Aviation Safety Authority (CASA) to issue Civil Aviation Orders (the Orders) concerning any matter in relation to which regulations may be made under section 28BA. These Orders, being disallowable instruments, are governed by section 46A of the Acts Interpretation Act 1901. The Order imposes specific obligations and requirements on parties engaged in night aerial spraying operations. Subregulation 174B(1) of the Civil Aviation Regulations 1988 (CAR 1988) establishes a minimum flight height of 1,000 feet above the highest obstacle within 10 miles for night flights under the Visual Flight Rules (VFR). However, subregulation 174B(4) of CAR 1988 allows CASA to grant permission for flights that do not comply with the specified minimum height. Section 29.3 of the Orders previously outlined requirements for landing areas and aerodromes, operational protocols, and the types of aeroplanes and equipment that could be used for night spraying operations. Importantly, it also permitted these operations to be conducted at a height lower than the minimum specified in subregulation 174B(1). The new Order retains the existing operational standards and requirements but updates the legislative references and introduces gender-neutral wording. It does not introduce any substantive changes to the law or policy but ensures that the Orders remain consistent with the Legislative Instruments Act 2003. The Director of Aviation Safety issued this Order under subsection 84A(2) of the Act, and it came into effect upon gazettal. In terms of consequences for non-compliance, while the explanatory statement does not detail specific offences or penalties within the Order itself, the broader framework of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988 would apply. Generally, breaches of these regulations can result in administrative penalties, including fines, as well as potential criminal charges for more serious violations. The exact penalties depend on the nature and severity of the breach, and they are subject to the provisions of the relevant legislation.