Federal Register of Legislation - Australian Government

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CASA EX36/21 Exemptions as made
This instrument enables the pilots of hang gliders and paragliders to continue to carry out operations at a site near Hobart aerodrome without complying with a condition to which such operations would otherwise be subject under Civil Aviation Order 95.8.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 31 Mar 2021
To be repealed 31 Mar 2024
Repealed by Self Repealing

Instrument number CASA EX36/21

I, ROBERT KENNETH WALKER, Executive Manager, Stakeholder Engagement, a delegate of CASA, make this instrument under subregulations 11.160 (1), 11.205 (1) and 11.245 (1) of the Civil Aviation Safety Regulations 1998.

[Signed Robert Walker]

Robert Walker
Executive Manager, Stakeholder Engagement

29 March 2021

CASA EX36/21 — Flight in Class D Airspace near Hobart Aerodrome Exemption 2021

1          Name

            This instrument is CASA EX36/21 — Flight in Class D Airspace near Hobart Aerodrome Exemption 2021.

2          Duration

                 This instrument:

(a)   commences on 1 April 2021; and

(b)   is repealed at the end of 31 March 2024.

3          Definitions

Note   In this instrument, certain terms and expressions have the same meaning as they have in CASR. These include ATS provider and hang glider.

                 In this instrument:

AA means Airservices Australia, ARN 202210, in its capacity as the ATS provider at Hobart aerodrome (YMHB).

duty pilot means the member of the THPA responsible for overseeing and facilitating hang gliding and paragliding operations at the Single Hill site.

exempt operation means an operation covered by the exemption in section 5.

paraglider has the meaning given by subsection 2 in Civil Aviation Order 95.8.

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

Single Hill site means the area within the following boundaries: the line drawn north-south through the top of Single Hill, northwards to Seven Mile Beach Road and eastwards, following the coastline 100 metres offshore, to a point abeam of the northern end of Lauderdale township.

THPA means Tasmanian Hang Gliding and Paragliding Association Inc.

4          Application

                 This instrument applies to a pilot conducting a hang glider or paraglider operation at the Single Hill site if:

(a)   a written agreement is in effect between the THPA and AA relating to the conduct of hang glider or paraglider operations from the Single Hill site; and

(b)   the pilot is:

             (i)  a member of the THPA; or

            (ii)  a guest of the THPA and is a financial member of SAFA; and

(c)   before commencing the operation — the pilot has confirmed with the duty pilot that the operation has been cleared by AA.

Note   The written agreement in effect at the commencement of this instrument is the Letter of Agreement dated 17 August 2020.

5          Exemption

            The pilot of a hang glider or paraglider who is operating the hang glider or paraglider in Class D airspace and within 16 kilometres of Hobart aerodrome is exempt from compliance with the requirements of subparagraph 7.1 (i) of Civil Aviation Order 95.8.

6          Conditions

                 The exemption is subject to the following conditions:

(a)       the pilot must conduct an exempt operation within the Single Hill site;

(b)      the pilot must not conduct the exempt operation higher than 1 000 ft above mean sea level;

(c)       the pilot must carry a serviceable UHF radio;

(d)          the pilot must be informed of, and comply with, any conditions set out in the written agreement between the THPA and AA mentioned in paragraph 4 (a).

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

7          Directions — THPA 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 the exempt operations have finished for a day, or a part of a day.

8          Direction — THPA

                 The THPA must ensure that CASA has a copy of the written agreement mentioned in paragraph 4 (a) that is in effect in relation to an exempt operation.