Civil Aviation Amendment Regulations 2002 (No. 1) 2002 No. 79
EXPLANATORY STATEMENT
Statutory Rules 2002 No. 79
Issued by the authority of the Minister for Transport and Regional Services
Civil Aviation Act 1988
Civil Aviation Amendment Regulations 2002 (No. 1)
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act including in relation to the safety of air navigation.
Subsection 9 (1) of the Act provides that the Civil Aviation Safety Authority (CASA) has the function of conducting the safety regulation of civil air operations by means that include developing and promulgating appropriate, clear and concise aviation safety standards and issuing certificates, licences, registrations and permits.
Civil Aviation Regulation Part 101 entitled Unmanned Aircraft and Rockets, provides for the operation of unmanned balloons (both tethered and free), model aircraft, rockets, a new class of aircraft termed Unmanned Aerial Vehicles (UAVs), and firework displays. Part 101 was incorporated in the Civil Aviation Regulations 1998 (CAR 1998) by Civil Aviation Amendment Regulations 2001 (No. 4). Part 101 will take effect from 1 July 2002.
Schedule 2 of Civil Aviation Amendment Regulations 2001 (No.4) removed regulation 259 - Free balloons and regulation 260 - Fixed balloons and kites from Civil Aviation Regulations 1998 (CAR 1988). These particular regulations referred to the operation of all classes of free balloons, fixed balloons and kites. The removal of these regulations inadvertently removed the legislative empowerment for a number of Civil Aviation Orders governing the operation of manned tethered balloons and free balloons.
The Regulation addresses the inadvertent omission of the regulation 259 and regulation 260 from CAR 1988 by reinstating the regulations together with a statement in each regulation to the effect that they do not apply to unmanned fixed or free balloons or kites to which Part 101 of CAR 1998 applies.
The Office of regulation review have advised the consequential amendment to CAR 1988 is of a minor or machinery change in nature which does not trigger the Regulation Impact Statement requirements.
Details of the amending Regulations are set out in the Attachment.
The Regulations commenced on gazettal.
ATTACHMENT
Civil Aviation Amendment Regulations 2002 (No. 1)
DETAILS OF THE AMENDING REGULATIONS
REGULATION 1 - Name of Regulations
Regulation 1 names the amending regulations as the Civil Aviation Amendment Regulations 2002 (No. 1).
REGULATION 2 - Commencement
Regulation 2 provides that the regulations commence on gazettal.
REGULATION 3 - Amendment of Civil Aviation Amendment Regulations 2001 (No. 4)
Regulation 3 provides that Schedule 1 amends the Civil Aviation Amendment Regulations 2001 (No. 4).
Schedule 1 - Amendments of Civil Aviation Amendment Regulations 2001 (No. 4)
ITEM 1 - Subregulation 4 (1)
Item 1 amends subregulation 4 (1) of Civil Aviation Amendment Regulations 2001 (No. 4) to reinstate the transitional requirements for regulation 259 and regulation 260 which were inadvertently omitted and to state that the transitional provisions referred to relate only to authorisations or permissions given for the operation of unmanned free or fixed balloons or kites.
ITEM 2 - Schedule 2, item [7]
Item 2 amends Schedule 2, item [7] of Civil Aviation Amendment Regulations 2001 (No. 4) by reversing the removal of regulations 259 and 260 from CAR 1988 and also makes reference to the fact that they do not apply to unmanned free or fixed balloons or kites to which Part 101 of CAR 1998 apply.
Overview
The Civil Aviation Amendment Regulations 2002 (No. 1) were enacted to address an inadvertent omission in the Civil Aviation Amendment Regulations 2001 (No. 4) which removed the regulatory empowerment for certain classes of manned tethered balloons, free balloons, and kites. This gap was identified as problematic for the continued governance and safety regulation of these specific aviation operations. Enacted under the authority of the Minister for Transport and Regional Services and pursuant to the Civil Aviation Act 1988, the primary policy objective of these amendments is to ensure the reinstatement of regulatory provisions necessary for the safe operation of manned tethered balloons, free balloons, and kites, while clarifying that the reinstated regulations do not apply to unmanned balloons or kites which are already regulated under Part 101 of the Civil Aviation Regulations 1998. The Regulations were designed to be of a minor or machinery change nature and thus did not require a Regulation Impact Statement.
Scope and Application
The Civil Aviation Amendment Regulations 2002 (No. 1) amends the Civil Aviation Regulations 1998 to correct an oversight in the Civil Aviation Amendment Regulations 2001 (No. 4), which inadvertently removed certain regulations governing the operation of manned tethered balloons and free balloons. These amending regulations apply to the Commonwealth of Australia and come into effect upon gazettal. They pertain to entities and persons involved in the operation of manned tethered balloons and free balloons, ensuring that the Civil Aviation Act 1988 continues to provide the necessary legislative empowerment for such operations. The Civil Aviation Safety Authority (CASA) remains responsible for the safety regulation of civil air operations, including the development and promulgation of aviation safety standards. Notably, these regulations do not apply to unmanned fixed or free balloons or kites, which are governed under Part 101 of the Civil Aviation Regulations 1998. The consequential amendments to the Civil Aviation Regulations 1998 are classified as minor or machinery changes, exempting them from the Regulation Impact Statement requirements.
Key Provisions
The Civil Aviation Amendment Regulations 2002 (No. 1) primarily address the inadvertent omission of certain regulations from the Civil Aviation Regulations 1998 (CAR 1998) when they were last amended in 2001. Regulation 259 (Free balloons) and Regulation 260 (Fixed balloons and kites) were unintentionally removed in the process of incorporating new regulations for unmanned aircraft and rockets (Part 101). Regulation 1 identifies the amending regulations as the Civil Aviation Amendment Regulations 2002 (No. 1) and Regulation 2 specifies that the regulations come into effect on gazettal.
These regulations impose specific obligations on entities governed by the Civil Aviation Act 1988 and the Civil Aviation Regulations 1998. They require the reinstatement of Regulations 259 and 260 into CAR 1998 with a clarification that these regulations do not apply to unmanned balloons, kites, or rockets covered under Part 101 of CAR 1998. This reinstatement ensures that the legislative framework governing the operation of manned tethered balloons and free balloons is restored and clarified. The Civil Aviation Safety Authority (CASA) is mandated to ensure these reinstated regulations are correctly applied and understood by operators within its jurisdiction.
Breaching the provisions of these regulations could lead to civil and criminal consequences, although specific penalties are not detailed in the explanatory statement. Generally, under the Civil Aviation Act 1988, breaches of civil aviation regulations can result in fines and other penalties as determined by the courts. CASA may also take enforcement actions, including the suspension or revocation of certificates, licences, registrations, and permits issued under the Act. Given the importance of adhering to safety standards in civil aviation, non-compliance could have severe repercussions for both individuals and entities involved in aviation operations.