Federal Register of Legislation - Australian Government

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CASA EX99/19 Exemptions as made
This instrument permits members of Sunshine Coast Sports Aviators Inc., an association incorporated in Queensland, to operate hang gliders and paragliders from sites near Point Cartwright, Maroochydore. The site is within 16 kilometres of the controlled aerodrome at Sunshine Coast, which means that the operations are otherwise prohibited under subparagraph 7.1(i) of Civil Aviation Order 95.8, unless the pilot meets additional pilot licence and flight review requirements.
Administered by: Infrastructure, Transport, Cities and Regional Development
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 28 Aug 2019
Tabling HistoryDate
Tabled HR09-Sep-2019
Tabled Senate09-Sep-2019
To be repealed 20 May 2020
Repealed by Self Repealing

Instrument number CASA EX99/19

I, andrew melvin Sparrow, Acting Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed A. Sparrow]

Andrew Sparrow
Acting Executive Manager, National Operations & Standards

28 August 2019

CASA EX99/19 — Flight in Class D Airspace near Sunshine Coast Aerodrome (Sunshine Coast Sports Aviators) Instrument 2019

1          Name

            This instrument is CASA EX99/19 — Flight in Class D Airspace near Sunshine Coast Aerodrome (Sunshine Coast Sports Aviators) Instrument 2019.

2          Duration

                 This instrument:

(a)   commences on 1 September 2019; and

(b)   is repealed at the end of 20 May 2020.

Note   For regulation 11.250 of CASR, the directions in sections 6 and 7 cease to be in force when this instrument is repealed.

3          Definitions

                 In this instrument:

AA means Airservices Australia, ARN 202210, in its capacity as the ATS provider at Sunshine Coast aerodrome.

Association means Sunshine Coast Sports Aviators Inc., ABN50 243 762 940.

duty pilot means the member of the Association responsible for overseeing and facilitating hang gliding and paragliding operations at the Point Cartwright site.

exempt operation means an operation:

(a)   conducted wholly within Class D airspace at the Point Cartwright site; and

(b)   covered by an LoA that is in effect; and

(c)   the pilot in command for which is:

             (i)  a member of the Association; and

            (ii)  a financial member of SAFA.

hang glider has the meaning defined in subregulation 200.001 (2) of CASR.

LoA means a letter of agreement between the Association and AA relating to the conduct of the hang glider or paraglider operations from the Point Cartwright site.

Note   The LoA in effect at the commencement of this instrument is Letter of Agreement “LoA_3318”, version 2, dated 26 February 2015.

paraglider has the meaning defined in subsection 2 of Civil Aviation Order 95.8.

Point Cartwright site means the following locations:

(a)   location A, being defined as the area bounded by:

             (i)  the line from Beacon Lighthouse at coordinates Lat. 26° 40’ 47” S, Long. 153° 8’ 18” E to the point at coordinates Lat. 26° 41’ 47” S, Long. 153° 8’ 10” E; and

            (ii)  the line that corresponds to the line mentioned in subparagraph (i) that is 100 m offshore; and

           (iii)  the lines that connect the corresponding endpoints of the lines in subparagraphs (i) and (ii);

(b)   location B, being defined as the area bounded by:

             (i)  the line following the coastline from coordinates Lat. 26° 40’ 16” S, Long. 153° 6’ 36” E to coordinates Lat. 26° 40’ 42” S, Long. 153° 7’ 8” E; and

            (ii)  the line that corresponds to the line mentioned in subparagraph (i) that is 100 m offshore; and

           (iii)  the lines that connect the corresponding endpoints of the lines in subparagraphs (i) and (ii).

SAFA means Sports Aviation Federation of Australia Limited, ARN 217853.

4          Exemption

            The pilot in command of a hang glider or a paraglider conducting an exempt operation is exempt from compliance with subparagraph 7.1 (i) of Civil Aviation Order 95.8.

5          Conditions

                 The exemption is subject to the conditions that the pilot must:

(a)   before commencing the exempt operation, confirm with the duty pilot that the operation has been cleared by AA; and

(b)   not conduct the exempt operation higher than 300 ft above mean sea level; and

(c)   comply with any conditions set out in the LoA that is in effect at the time of the operation.

Note   Civil Aviation Order 95.8 contains various other conditions for operating hang gliders and paragliders. These include requirements to fly only in V.M.C., to comply with the HGFA operations manual and to comply with rules or directions made by HGFA.

6          Directions — duty pilot

        (1)     The duty pilot must ensure that AA has given air traffic control clearance that covers each exempt operation.

        (2)     The duty pilot must notify AA promptly when exempt operations have finished for a day, or a part of a day.

        (3)     As soon as possible after an incident or accident involving an exempt operation, the duty pilot must report it to CASA.

Note   Reports to CASA can be sent by email to sport@casa.gov.au.

7          Direction — Association

                 The Association must ensure that CASA has a copy of the LoA that is in effect in relation to an exempt operation.