EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS
EXEMPTION UNDER REGULATION 308
Under regulation 308 of the Civil Aviation Regulations (the Regulations), CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of, the aircraft from compliance with specified provisions of the Regulations. Such an exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
In the absence of any licensed water aerodromes in NSW, floatplanes are allowed (under paragraph 92 (1) (d) of the Regulations) to operate from any suitable stretch of water.
The requirements of paragraphs 166 (1) (d), (f) and (g) of the Regulations, under which pilots in command of aircraft are required to comply with certain requirements when taking off or landing, are considered inappropriate for floatplanes. If a floatplane had to climb to 500 ft before turning after take-off, or could turn only to the left, or had to fly a straight final for 500 metres, the floatplane would only be able to operate on very large bodies of water and, moreover, would be forced to fly over houses set along the foreshores of waterways.
The exemption of commercial operations of floatplanes from the requirements of the Regulations means that the aircraft can operate entirely over water during take-off and landing. This enhances safety by permitting a water landing to be made in the event of engine failure and also satisfies the noise sensitivity of local inhabitants.
The attached instrument gives the necessary exemptions.
The exemptions commenced on gazettal.
(Exemption number: 2/95)