EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
NEW SECTION 92.3
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Regulation 89A of the Civil Aviation Regulations 1988 (the Regulations) provides that a person who operates an aerodrome for use in regular public transport operations must have an aerodrome licence if the maximum passenger seating capacity for an aircraft employed in the operations exceeds 30 seats for those operations.
Regulation 89D of the Regulations provides that CASA may grant an aerodrome licence subject to any condition that it considers necessary in the interests of air safety.
Regulation 303 of the Regulations provides that wherever CASA is empowered under the Regulations to grant or issue a licence upon or subject to conditions, CASA may specify and notify in the Civil Aviation Orders (the Orders) such conditions that are to be of general application to a specified class of licences or certificates.
Regulation 261 of the Regulations provides that a land station must not engage in the Aeronautical Mobile Radio Service without the permission of CASA. The regulation also provides that a person must not be employed at such a land station as a radio operator without the permission of CASA and the necessary qualifications and experience that CASA directs.
This Order amends Part 92 of the Orders to insert a new section 92.3. The new section specifies conditions that are to be of general application to the specified class of licences, comprising licences issued to special traffic mix aerodromes. In particular, a certified air/ground radio service is required to be provided at those aerodromes that are specified in Schedule 1 as special traffic mix aerodromes.
The Order also gives the necessary permissions under regulation 261 for a certified air/ground radio service to be operated as a land station engaged in the Aeronautical Mobile Radio Service.
An aerodrome is specified in Schedule 1 as a special traffic mix aerodrome if it is an aerodrome, without an air traffic control unit, that has had, on average over 12 months, 10 or more daily movements of regular public transport high capacity aircraft, mixed with significant daily movements of other commercial and general aviation aircraft, and CASA considers it necessary to include the aerodrome in Schedule 1 to ensure the safety of air navigation.
The certified air/ground radio service is required by the Order to be provided during the scheduled times of arrival and departure of high capacity aircraft carrying out a regular public transport service. It provides information to pilots of aircraft operating within the mandatory broadcasting zone for the aerodrome who make an initial broadcast on the appropriate frequency.
The Order also sets out duties and responsibilities for the holder of an aerodrome licence for an aerodrome designated as a special traffic mix aerodrome and the certified air/ground radio operator.
At present, Schedule 1 specifies Ayers Rock Airport and Broome International Airport to be special traffic mix aerodromes.
The Order is stated to come into effect on 1 March 2001.
A Regulation Impact Statement has been approved by the Office of Regulation Review. A copy of this Statement is attached.
The Order was made by the Director of Aviation Safety under subsection 84A (2) of the Act.