EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 260
Issued by authority of the Minister for
Transport and Communications
Civil Aviation Act 1988
Civil Aviation Regulations (Amendment)
Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
One of the purposes of the amending Regulations, which amend the Civil Aviation Regulations, is to lower the minimum age at which people may be granted an air traffic controller licence or a flight services officer licence from 21 to 18. This proposal has been discussed with and agreed to by relevant staff associations.
Regulation 2 amended existing regulation 104 to lower the minimum age for flight service officers and regulation 3 amended existing regulation 114 to lower the minimum age for air traffic controllers.
The second purpose of the amending Regulations is to make the provisions applying to helicopters flying under Visual Flight Rules (V.F.R.) less stringent.
Regulation 172 specifies the minimum meteorological conditions (including visibility and distance from clouds) for V.F.R. flights at less than 5,000 feet. In recognition of the unique capabilities of helicopters, subregulation 172(3) permits V.F.R. flights by helicopters at less than 5,000 feet in lesser meteorological conditions, subject to some restrictions. One of these restrictions is that under those lesser meteorological conditions a helicopter may not fly at a distance less than 10 miles from an aerodrome for which an instrument approach procedure has been approved.
The industry has overwhelmingly supported a proposal that the above restriction be further eased so that a helicopter conducting a V.F.R. flight at less than 5,000 feet under lesser meteorological conditions may fly within 10 miles of an aerodrome in respect of which an instrument approach procedure has been approved where:
(a) the pilot in command conducts the flight in accordance with the requirements relevant to the flight relating to reporting, broadcasting and maintaining a listening watch that are set out in the Aeronautical Information Publications; and
(b) no aircraft conducting an instrument flight rule (I.F.R.) operation is landing at the aerodrome; and
(c) no aircraft conducting an I.F.R. operation has made a departure call as part of its departure from the aerodrome; and
(d) the pilot in command of the helicopter ensures that the helicopter remains not less than 1 mile from any other helicopter approaching the aerodrome.
The amendments to existing regulation 172 made by regulation 4 achieve the proposal as supported by industry.
The amending Regulations commenced on the date of their notification in the Gazette.