Federal Register of Legislation - Australian Government

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CASA EX21/21 Exemptions as made
This instrument enables participants in the NSW Hang Gliding State Titles 2021 (the event) to fly a hang glider at or above a height of 5 000 feet without complying with regulatory requirements relating to the carriage of an aircraft very high frequency (VHF) radio, as may be required under regulation 174A of the Civil Aviation Regulations 1988 (CAR). It also allows the holder of a radio operator endorsement issued by the Sports Aviation Federation of Australia Limited (SAFA) to transmit on a radio frequency while operating a ground communications station for the event, despite regulation 83 of CAR.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 19 Feb 2021
Tabling HistoryDate
Tabled HR22-Feb-2021
Tabled Senate23-Feb-2021
To be repealed 27 May 2021
Repealed by Self Repealing

Instrument number CASA EX21/21

I, ROBERT KENNETH WALKER, Executive Manager, Stakeholder Engagement, a delegate of CASA, make this instrument under regulations 11.160 and 11.245 of the Civil Aviation Safety Regulations 1998, and subregulation 174A (3) of the Civil Aviation Regulations 1988.

[Signed Rob Walker]

Robert Walker
Executive Manager, Stakeholder Engagement

18 February 2021

CASA EX21/21 — NSW Hang Gliding State Titles Instrument 2021

1          Name

                 This instrument is CASA EX21/21 — NSW Hang Gliding State Titles Instrument 2021.

2          Duration

                 This instrument:

(a)   commences on 20 February 2021; and

(b)   is repealed at the end of 27 May 2021.

Note   The provisions of this instrument, other than paragraph 5 (b) of Schedule 1, only apply during the event period, which ceases at the end of 27 February 2021.

3          Definitions

Note   In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations.

                 In this instrument:

Competition Director means the person appointed by SAFA to manage the event.

event means the “NSW Hang Gliding State Titles 2021” conducted at Manilla, New South Wales, during the event period.

event period means the period commencing at the start of 20 February 2021 and ceasing at the end of 27 February 2021.

event vicinity means the area within 50 nautical miles of Mount Borah, New South Wales.

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

4          Direction

                 SAFA is directed to comply with the requirements mentioned in Schedule 1.

5          Exemption

        (1)     Subsection (2) applies to the holder of a radio operator endorsement issued by SAFA in accordance with the SAFA Operations Manual, as it exists from time to time.

        (2)     The holder is exempt from compliance with regulation 83 of CAR when transmitting on a radio frequency while operating a ground communications station under clause 1 of Schedule 1.

6          Permission

        (1)     For subregulation 174A (3) of CAR, the pilot in command of a hang glider that is not equipped with a VHF radiocommunication system is permitted to fly the hang glider during the event period for the purpose of the event in Class G airspace within the event vicinity.

        (2)     The permission in subsection (1) is subject to complying with the conditions mentioned in Schedule 2.

Schedule 1          Requirements for direction

        1     For each day of the event, SAFA must ensure that:

(a)   an effective ground communications station is established and maintained that covers the area within 15 nautical miles of all hang gliders participating in the event; and

(b)   the Competition Director, or another person authorised to broadcast on the event communications system, maintains a listening watch on appropriate VHF frequencies whenever flights are taking place for the purpose of the event; and

(c)   the Competition Director, or another competent person, operates the appropriate UHF frequencies whenever flights are taking place for the purpose of providing traffic, weather and other pertinent information to event participants; and

(d)   at intervals of no more than 30 minutes, the following information about the event is transmitted on relevant VHF frequencies from a ground communications station to pilots of aircraft, not participating in the event, operating in the event vicinity:

             (i)  location of the launch site and activities;

            (ii)  duration of activities;

           (iii)  operating direction of hang gliders participating in the event;

           (iv)  location of the proposed landing site.

        2     For clause 1:

(a)   a hand-held VHF radiocommunication system without an external antenna is not an effective ground communications station; and

(b)   a ground communications station must be supported by available back-up VHF and UHF radiocommunication systems and batteries; and

(c)   a ground communications station must be active:

             (i)  on relevant UHF frequencies, VHF common traffic advisory frequencies and VHF area frequencies; and

            (ii)  from at least 30 minutes before event flights begin and continuing for the duration of event flights.

        3     SAFA must ensure that the Competition Director, at least 5 days before the commencement of the event period, gives CASA sufficient information to prepare a NOTAM about the event operations, that manages risk of conflict between hang gliders participating in the event and other aircraft, including the following information about the event operations:

(a)   location of the launch site and activities;

(b)   duration of activities;

(c)   operating area of hang gliders participating in the event.

        4     Before the first flight on each day of the event, SAFA must ensure that a daily briefing is given to event participants that addresses the following:

(a)   confirmation of ground communications station set-up and the frequencies in use;

(b)   review and explanation of the NOTAM published for that day in relation to the event;

(c)   review and explanation of the event vicinity boundaries and the requirement to operate within the boundaries;

(d)   review and explanation of the conditions under which the permission in subsection 6 (1) has been issued;

(e)   review and explanation of any airspace in which SAFA expects other aircraft may be operating;

(f)    if event participants may fly in the vicinity of an aerodrome — review and explanation of the air traffic and activities which SAFA expects may occur at the aerodrome;

(g)   any other matters that SAFA considers appropriate to promote the safety of the event.

        5     SAFA must ensure that:

(a)   for each day of the event, the Competition Director records the name of each event participant that attends the daily briefing mentioned in clause 4; and

(b)   SAFA retains the records mentioned in paragraph (a) for 3 months from the end of the event period.

        6     SAFA must ensure that, before each event participant first operates a hang glider during the event period for the purpose of the event, the Competition Director gives the event participant a diagram that identifies air traffic routes to assist the participant to manage the risk of conflict with other aircraft.

Schedule 2          Conditions on permission

        1     The pilot in command must ensure that the hang glider is equipped with a serviceable UHF radiocommunication system.

        2     If, during a flight, the pilot in command becomes aware that the UHF radiocommunication system of the hang glider is unserviceable, the pilot in command must cease the flight as soon as safely practicable.

        3     The pilot in command may only conduct a flight to which the permission applies if satisfied that:

(a)   a ground communications station will be established and maintained in accordance with Schedule 1, and is operating satisfactorily; and

(b)   a NOTAM has been published for the day of the flight that provides information about the event operations to aircraft operating in the event vicinity.

        4     The pilot in command must:

(a)   attend the daily briefing mentioned in clause 4 of Schedule 1; and

(b)   operate in accordance with the SAFA Operations Manual, as it exists from time to time, during the event period; and

(c)   hold a SAFA pilot certificate.

        5     The pilot in command may rely on the daily briefing mentioned in paragraph 4 (a) to reach the satisfaction mentioned in clause 3.

        6     The pilot in command may only conduct a flight to which the permission applies within the event vicinity.