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 New South Wales, float planes 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 float planes. If a float plane 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 float plane 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.
This exemption of float planes carrying out commercial operations from compliance with the above mentioned 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 instrument gives the necessary exemption.
The exemption commenced on gazettal.