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CASA EX124/21 Exemptions as made
This instrument enables competitors in the “Canungra Cup” paragliding competition and the “Canungra Classic” hang gliding competition, to fly in Class C controlled airspace, where the events will take place, without holding licences and radiocommunications qualifications required under Civil Aviation Order 95.8 Instrument 2011.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 08 Oct 2021
To be repealed 31 Jan 2022
Repealed by Self Repealing

Instrument number CASA EX124/21

I, ANTHONY ALFRED STANTON, Branch Manager, Sport & Recreation Aviation, a delegate of CASA, make this instrument under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998, and subregulation 174A (3) of the Civil Aviation Regulations 1988.

[Signed A.A. Stanton]

Anthony A. Stanton
Branch Manager, Sport & Recreation Aviation

7 October 2021

CASA EX124/21 — The Canungra Cup and Canungra Classic Instrument 2021

1          Name

                 This instrument is CASA EX124/21 — The Canungra Cup and Canungra Classic Instrument 2021.

2          Duration

                 This instrument:

(a)   commences on 9 October 2021; and

(b)   is repealed at the end of 31 January 2022.

Note   The exemptions in section 5, the permission in section 6, and the Schedule 3 conditions on the exemptions and permission only apply during the event period, which ceases at the end of 16 October 2021 for the paragliding event and at the end of 30 October 2021 for the hang gliding event. The direction in section 4 is in force until the repeal of this instrument because of paragraph 6 (b) of Schedule 2. All other requirements in Schedule 2 relate to the event period.

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. These include: AA, hang glider, NOTAM and paraglider.

                 In this instrument:

CAO 95.8 means Civil Aviation Order 95.8 Instrument 2011, as in force from time to time.

Competition Director, for the hang gliding event or paragliding event, means the person appointed by SAFA to manage the event.

declared area means any of the areas of Australian territory mentioned in Schedule 1 if a declaration is in force under regulation 6 of the Airspace Regulations 2007 designating the area to be a restricted area or a danger area.

Note   A declared area is activated by publication in a NOTAM.

event period means:

(a)   for the paragliding event — the period commencing at the start of 9 October 2021 and ceasing at the end of 16 October 2021; and

(b)   for the hang gliding event — the period commencing at the start of 23 October 2021 and ceasing at the end of 30 October 2021.

event vicinity means the area within Class G airspace between 25 nautical miles to 70 nautical miles south of Brisbane aerodrome (YBBN), CASA.ADCERT.0017, and 12 nautical miles to 60 nautical miles west of the Gold Coast aerodrome (YBGC), CASA.ADCERT.0024, and includes any active declared area.

hang gliding event means the hang gliding competition known as the “Canungra Classic 2021” that is:

(a)   organised by the Canungra Hang Gliding Club Inc.; and

(b)   conducted in the event vicinity during the event period.

in the vicinity of has the meaning given by regulation 166 of CAR.

paragliding event means the paragliding competition known as the “Canungra Cup 2021” that is:

(a)   organised by the Canungra Hang Gliding Club Inc.; and

(b)   conducted in the event vicinity during the event period.

relevant qualifications for the hang gliding event means:

(a)   an Intermediate Pilot Hang Glider Certificate (as defined by the SAFA Operations Manual) and flight experience, in a hang glider, of at least 25 hours’ air time that:

             (i)  was logged on at least 25 flying days, of which a minimum of 10 hours was logged in the previous 12 months; and

            (ii)  in the opinion of the Competition Director, is appropriate for participation in the event; or

(b)   a higher qualification issued by SAFA; or

(c)   a valid overseas qualification and flight experience recognised by SAFA as equivalent to, or higher than, the qualifications mentioned in paragraph (a) or (b).

relevant qualifications for the paragliding event means:

(a)   a PG3 Pilot Certificate (as defined by the SAFA Operations Manual), and flight experience, in a paraglider, of at least 60 flights and at least 15 hours air time, that:

             (i)  was logged on at least 25 flying days, at a minimum of 5 different flying sites, at least 2 hours of which was at 1 or more thermic inland sites; and

            (ii)  in the opinion of the Competition Director, is appropriate for participation in the event; or

(b)   a higher qualification issued by SAFA; or

(c)   a valid overseas qualification and flight experience recognised by SAFA as equivalent to, or higher than, the qualifications mentioned in paragraph (a) or (b).

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

SAFA Operations Manual means the Sports Aviation Federation of Australia Operations Manual, version 20211006, as existing from time to time.

4          Direction

                 SAFA is directed to comply with the requirements mentioned in Schedule 2.

5          Exemptions

        (1)     The pilot in command of a paraglider, when participating in the paragliding event during the event period, is exempt from the compliance with subparagraph 7.3 (b) and paragraph 7.6 of CAO 95.8.

        (2)     The pilot in command of a hang glider, when participating in the hang gliding event during the event period, is exempt from compliance with subparagraph 7.3 (b) and paragraph 7.6 of CAO 95.8.

        (3)     The exemptions in subsections (1) and (2) are subject to the conditions in Schedule 3.

        (4)     Subsection (5) applies to the holder of a radio operator endorsement issued by SAFA.

        (5)     The holder is exempt from compliance with subregulation 83 (1) of CAR when transmitting on a radio frequency while operating a ground communications station, for the hang gliding or paragliding event, under clause 1 of Schedule 2.

6          Permissions

        (1)     For subregulation 174A (3) of CAR, the pilot in command of a paraglider that is not equipped with a VHF radiocommunication system is permitted to fly the paraglider in the paragliding event during the event period.

        (2)     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 in the hang gliding event during the event period.

        (3)     Each permission in this section is subject to complying with the conditions mentioned in Schedule 3.

Schedule 1          Declared areas

Beaudesert TRA

LATERAL LIMITS: 27 57 59S 152 48 34E, 27 52 59S 152 52 14E
27 55 29S 153 11 44E, 28 02 02S 153 10 03E

then along the minor arc of a circle of 40.00 NM radius centred on
27 21 57S 153 08 21E (BN/DME) to 27 57 59S 152 48 34E

VERTICAL LIMITS: 7500-8500

 

Springbrook TRA

LATERAL LIMITS: 28 28 27S 153 03 16E, 27 55 29S 153 11 44E

28 03 00S 153 17 12E, 28 13 54S 153 16 42E

28 24 00S 153 16 00E, 28 31 58S 153 06 50E

then along the minor arc of a circle of 30.00 NM radius centred on
28 10 08S 153 30 14E (CG/DME) to 28 28 27S 153 03 16E

VERTICAL LIMITS: 6500-8500

Schedule 2          Requirements for direction

        1     For each day of the event period of the paragliding or hang gliding event, SAFA must ensure:

(a)   that an effective ground communications station is established and maintained that covers the event vicinity; and

(b)   if flight higher than 6 500 feet above mean sea level is possible during the event operations on the day — that:

             (i)  an effective communications station is established and maintained that covers the area within 15 nautical miles of all event participants; and

            (ii)  a declared area is active for the event that covers the event operations on that day; and

(c)   that 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

(d)   that 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

(e)   that, 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 aircraft 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 3 days before the commencement of the event period for the hang gliding event and the event period for the paragliding event, gives CASA sufficient information to prepare a NOTAM about the event operations, that manages risk of conflict between the 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 gliders participating in the event, including the designation of the declared areas for the duration of the competition.

        4     SAFA must ensure that the Competition Director:

(a)   at the commencement of a day in the event period in which flights for the paragliding event or the hang gliding event are to be held, confirms with AA the availability of the declared areas to be used for the flights; and

(b)   nominates a mobile telephone number that AA may use to contact the Competition Director during the period that the declared areas are in force; and

(c)   notifies AA as soon as possible once flights in the declared area are no longer required for that day of competition.

        5     Before the first flight on each day of the event period for the paragliding event and the hang gliding 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, and the airspace restrictions and boundaries of any declared area activated for that day, in relation to the event;

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

(d)   review and explanation of the conditions under which the exemption in section 5 and the permission in section 6 that apply to the participant have 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.

        6     SAFA must ensure that:

(a)   for each day of the event period for the paragliding event and the hang gliding event, the Competition Director records the name of each event participant that attends the daily briefing mentioned in clause 5; and

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

        7     SAFA must ensure that, before each event participant first operates a glider in the paragliding event or the hang gliding 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 3          Conditions on exemptions and permissions

        1     If the pilot in command is participating in the paragliding event, the pilot in command must hold the relevant qualifications for the paragliding event.

        2     If the pilot in command is participating in the hang gliding event, the pilot in command must hold the relevant qualifications for the hang gliding event.

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

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

        5     The pilot in command may only conduct a flight for the event if satisfied that:

(a)   a ground communications station will be established and maintained in accordance with Schedule 2, 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, including any activation of a declared area and event operations within the declared area.

        6     The pilot in command must:

(a)   attend the daily briefing mentioned in clause 5 of Schedule 2; and

(b)   operate in accordance with the SAFA Operations Manual, during the event period.

        7     The pilot in command may rely on the daily briefing mentioned in paragraph 6 (a) to be satisfied of the matters mentioned in clause 5.

        8     The pilot in command may only conduct a flight within a declared area if the declared area is active.