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CASA EX123/21 Exemptions as made
This instrument exempts members of the Northern Rivers Hang Gliding and Paragliding Club Incorporated (the Club) from certain radio broadcast requirements in the designated broadcast area at the Ballina/Byron Gateway aerodrome and directs the Club to follow certain procedures to compensate for the absence of the radio broadcasts.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 11 Oct 2021
To be repealed 30 Sep 2024
Repealed by Self Repealing

Instrument number CASA EX123/21

I, ANDREW MELVIN SPARROW, Branch Manager, Air Navigation, Airspace & Aerodromes, National Operations & Standards Division, 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
Branch Manager, Air Navigation, Airspace & Aerodromes
National Operations & Standards Division

8 October 2021

CASA EX123/21 – Northern Rivers Hang Gliding and Paragliding Club Incorporated – Broadcasting Exemptions and Directions Instrument 2021

1          Name

                 This instrument is CASA EX123/21 – Northern Rivers Hang Gliding and Paragliding Club Incorporated – Broadcasting Exemptions and Directions Instrument 2021.

2          Duration

                 This instrument:

(a)   commences on the day it is registered; and

(b)   is repealed at the end of 30 September 2024 (thereby ceasing to be in force on and from the beginning of 1 October 2024).

3          Definitions

        (1)     In this instrument:

CAR means the Civil Aviation Regulations 1988.

CASR means the Civil Aviation Safety Regulations 1998.

CFI is short for the Club’s Chief Flight Instructor.

Club means the Northern Rivers Hang Gliding and Paragliding Club Incorporated, as incorporated in New South Wales at the commencement of this instrument.

contact person means one of the following:

(a)   for Lennox Head — the Duty Officer (or the Reserve Duty Officer if there has been a changeover) or the CFI, including when doubling as the Duty officer;

(b)   for Numulgi — CFI.

Note   See also section 9 which, in effect, permits an instructor to be the contact officer without interfering with certain specific roles of the CFI.

CTAF is short for common traffic advisory frequency.

designated area means the YBNA/Ballina/Byron Gateway broadcast area, designated under the designation instrument.

designation instrument means CASA 50/21 – Designation of Airspace for Broadcast Requirements – Locations with Surveillance Flight Information Service, as in force at the commencement of this instrument.

Duty Officer means the person, including the Reserve Duty Officer, who:

(a)   is authorised under the Regulations to use a VHF radio; and

(b)   is officially appointed by, or on behalf of, the Club to:

             (i)  monitor the VHF radio for the relevant place in the designated area; and

            (ii)  communicate:

(A)  on VHF radio, on the radio frequency for the designated area (124.2 MHz) — with the SFIS air traffic controller; and

(B)   on UHF radio, on an appropriate frequency — to all relevant persons flying at the relevant place on any particular day, the flight information received by the Duty Officer from the SFIS air traffic controller; and

(c)   holds at least an Intermediate Hang Glider (HG) Pilot Certificate, or a Paraglider 4 (PG4) Pilot Certificate, with:

             (i)  at least 80 hours’ flying experience in hang gliders or paragliders of the type which the Duty Officer is supervising and communicating with; or

            (ii)  both:

(A)  at least 50 hours’ flying experience in hang gliders or paragliders of the type which the Duty Officer is supervising and communicating with; and

(B)   previous flying experience at the relevant place; and

(d)   meets:

             (i)  the Club’s requirements for appointment as a Safety Officer, as in force on 1 August 2021; or

            (ii)  the Club’s revised or amended requirements (if any) for appointment as a Safety Officer, as approved in writing by CASA.

Note   The effect of this definition is that any mention of the Duty Officer includes the Reserve Duty Officer, when applicable.

instructor means a person who, being at least 18 years of age:

(a)   is the CFI; or

(b)   both:

             (i)  holds a current Instructor Certificate issued by the SAFA that is valid for the level of instruction being given and the type of aircraft being used; and

            (ii)  only ever conducts instruction under the supervision of a CFI.

letter of agreement means the letter mentioned in subsection 4 (2).

messaging service means the relevant instant messaging service used by the Club for communicating with relevant persons.

officially registered member of the Club means officially registered, in writing, as a current member of the Club, by an appropriate registration official of the Club.

operations manual means the operations manual of the SAFA:

(a)   adopted by the Club; and

(b)   as in force from time to time; and

(c)   as approved in writing by CASA.

pilot instruction means instruction to fly a relevant aircraft, provided that the instruction is:

(a)   of a student pilot who is a relevant person; and

(b)   carried out at a relevant place; and

(c)   conducted by an instructor.

published hours of operation of the SFIS means the hours of operation of the SFIS as published in any of the following, as in force from time to time:

(a)   the Aeronautical Information Publication Supplement;

(b)   the En Route Supplement Australia publication.

relevant aircraft means a hang glider or a paraglider that:

(a)   is fitted with, or carrying a serviceable UHF radio that transmits on, an appropriate frequency for all concerned in particular flying operations or pilot instruction; and

(b)   is flown by a relevant person at a relevant place; and

(c)   is under the supervision of a Duty Officer or an instructor, as the case requires.

relevant person means a person who is an officially registered member of the Club.

relevant place means the following places in the designated area:

(a)   Pat Morton Lookout, Lennox Head (however renamed, if it is renamed) (Lennox Head);

(b)   104 Fairfull Road, Numulgi (Numulgi) — but for pilot instruction only.

SAFA is short for the Sports Aviation Federation of Australia.

SFIS is short for Surveillance Flight Information Service.

SFIS air traffic controller means the licensed SFIS air traffic controller at an air traffic control centre who is responsible for the SFIS in the designated area.

Surveillance Flight Information Service means the flight information service on a CTAF provided remotely from an air traffic control centre by a licensed air traffic controller to IFR and VFR aircraft within a designated area.

the Regulations means CAR and CASR, and includes any instrument made by CASA under CAR or CASR.

XXXX is intended to indicate that the last 4 digits of the relevant SAFA number must be communicated.

        (2)     In this instrument, a reference to anything approved by CASA means approved by CASA in writing.

        (3)     Subject to subsection (1), in this instrument words and phrases have the same meaning as in CAR, unless the contrary intention appears.

4          Application

        (1)     Subject to subsection (2), this instrument applies to a relevant person only when flying a relevant aircraft, as a relevant person, from a relevant place, in the designated area.

        (2)     The exemptions in section 5 apply to a relevant person only when, and for so long as, the Club has a letter of agreement, signed on behalf of AA, and which is not withdrawn, to the effect that AA will have procedures to complement those set out in Schedule 1 of this instrument, including procedures to enable the Brisbane Air Traffic Service Centre Supervisor (the BN ATSC Supervisor) to:

(a)   record in the relevant AA log the name and phone number of the contact person; and

(b)   communicate, as required for air traffic control purposes, with the contact person on the designated area VHF radio frequency; and

(c)   in the event of an emergency or NOTAM — if there is no response on the VHF radio, use the telephone number to contact the contact person.

5          Exemptions

                 A relevant person is exempted from compliance with the following provisions of CAR:

(a)   subregulations 99A (5) and (6) — but only to the extent that it would otherwise be a strict liability offence to contravene the direction to make certain broadcasts, as required under section 2 and Schedule 1 of the designation instrument;

(b)   subregulation 166E (1).

6          Condition on exemptions

                 Each exemption in section 5 is subject to the following conditions:

(a)   each relevant person must not fly above 400 feet above ground level;

(b)   each relevant aircraft must be fitted with or carrying a serviceable UHF radio;

(c)   the Duty Officer (or Reserve Duty Officer, as applicable) must be on duty at Lennox Head if any general flying is conducted;

(d)   for pilot instruction — the CFI must be on duty in the capacity of CFI;

(e)   each relevant person must comply with:

             (i)  the operations manual; and

            (ii)  the procedures mentioned in subsection 7 (10);

(f)    each relevant person must have a current subscription to the messaging service.

7          Directions

        (1)     When the relevant person is flying at the relevant place and is not engaged in pilot instruction, the Club must have:

(a)   a Duty Officer on duty; and

(b)   a Reserve Duty Officer on duty, but only for any occasion on which the Duty Officer must leave the relevant place for reasons beyond the person’s control.

        (2)     For subsection (1), the CFI may be a Duty Officer in accordance with the definition of Duty Officer.

        (3)     When the relevant person is flying at a relevant place and is undergoing pilot instruction, the Club must have the CFI on duty.

        (4)     For subsection (3), for general flying and pilot instruction occurring simultaneously at Lennox Head, the CFI may be taken to be the CFI and the Duty officer (doubling as the Duty Officer).

        (5)     References in this instrument to a Duty Officer include the CFI when that person is acting as the Duty Officer.

        (6)     If the Reserve Duty Officer, acting in the absence of the Duty Officer, must leave the relevant place for reasons beyond the person’s control, the relevant place must be closed down for general flying by the Club.

        (7)     If the CFI involved in flying instruction must leave the relevant place for reasons beyond the person’s control:

(a)   pilot instruction must immediately cease; and

(b)   the relevant place must be closed down for flying instruction by the Club.

        (8)     As far as possible, the Duty Officer, or the CFI, as the case requires, must ensure that the battery of any mobile phone used to contact the BN ATSC Supervisor under clause 1 in Schedule 1 is charged for the duration of flying operations.

        (9)     For flying operations or pilot instruction to which the exemptions under section 5 apply, the Duty Officer, and the CFI, must:

(a)   carry serviceable VHF and UHF radios; and

(b)   maintain a listening watch; and

(b)   follow the procedures set out in Schedule 1.

      (10)     The Club must have written procedures and rules to ensure that:

(a)   the directions in this section are complied with; and

(b)   the procedures under Schedule 1 are followed.

      (11)     The Club must use its best endeavours to ensure that, except in accordance with this instrument, a relevant person does not fly at a relevant place without carrying and using a VHF radio.

Note   For example, the Club may make it clear that any relevant person who breaches clause (5A) will face automatic expulsion from the Club.

      (12)     Before implementing any of the procedures under Schedule 1, the Club must provide CASA with a copy of the applicable letter of agreement.

      (13)     The Club must inform CASA immediately in writing if any letter of agreement is replaced, revised or withdrawn.

8          Conflicts

                 If a provision of this instrument is inconsistent with a provision of the operations manual, then:

(a)   this instrument prevails to the extent of the inconsistency; and

(b)   the operations manual must be amended, and applied, to be consistent with this instrument.

9          Instructors

                 Provided the CFI is present at a relevant place, an instructor may perform, at the place, any role of a CFI under this instrument except the following:

(a)   the role of the CFI who must be present when pilot instruction is under way at any relevant place;

(b)   the role of the CFI when doubling as the Duty Officer for general flying;

(c)   any role of the CFI that, regardless of anything in this instrument, the CFI would normally carry out, in the capacity of CFI, in relation to pilot instruction anywhere.

Schedule 1          Procedures to be complied with for subsection 7 (4)

      Part A       Procedures during the published hours of operation of the SFIS for the designated area

        1     Before general flying or pilot instruction begins on any day, the Duty Officer (for Lennox Head), or the CFI (for Numulgi), must:

(a)   telephone the BN ATSC Supervisor; and

(b)   give the person’s name, VHF callsign, and telephone contact number; and

(c)   state one of the following:

             (i)  “Northern Rivers commencing flying operations at Lennox Head.”;

            (ii)  “Northern Rivers commencing flying operations at Numulgi.”.

        2     As soon as practicable after the telephone call under paragraph 1 (a), the Duty Officer, or the CFI, must update the messaging service with a message as follows:

        “Phone call made to BN ATSC Supervisor flying operations commenced at [location] Duty Officer [or CFI] is [name] mobile number is [give number].”.

        3     Subject to clause 4, for the duration of flying operations, the Duty Officer, or the CFI, must:

(a)   monitor the VHF radio for the designated area; and

(b)   using UHF, relay to each relevant person, flight and safety information, as appropriate; and

(c)   in the event of an emergency or NOTAM — respond on the VHF radio to the SFIS air traffic controller, as required or necessary.

        4     If, for reasons beyond their control, the Duty Officer (including the CFI if doubling as the Duty Officer) has to leave the relevant place, the Duty Officer must hand over Duty Officer responsibility to the Reserve Duty Officer.

Note   See also subsection 7 (2) concerning when a relevant place must be closed down.

        5     The Reserve Duty Officer must:

(a)   by phone — notify the BN ATSC Supervisor of the changeover (including any change of phone number); and

(b)   update the messaging service with their name and phone number.

        6     If the Duty Officer, or the CFI, becomes aware that, for reasons beyond their control, the telephone or the telephone number supplied to the BN ATSC Supervisor is no longer serviceable or correct, the Duty Officer, or the CFI, must notify the Supervisor with a new telephone number.

        7     As soon as practicable after flying operations cease for the day, the Duty Officer, or the CFI, must:

(a)   telephone the BN ATSC Supervisor; and

(b)   give the person’s name and VHF callsign; and

(c)   state one of the following:

             (i)  “Northern Rivers concluding flying operations Lennox Head.”;

            (ii)  “Northern Rivers concluding flying operations Numulgi.”; and

(d)   update the messaging service with a message as follows:

        “Call made to BN ATSC Supervisor flying operations concluded.”.

      Part B       Procedures outside the published hours of operation of the SFIS for the designated area

        1     Despite anything in this Part, the procedures under Part A apply for any flying operations during the published hours of operation of the SFIS.

        2     For operations that commence before the published hours of operation of the SFIS, the Duty Officer, or the CFI (as applicable), must broadcast on the CTAF frequency (124.2 MHz) and state one of the following:

(a)   “Ballina Traffic paraglider/hang glider, XXXX, commencing flying operations in company at Lennox Head not exceeding 400 feet Ballina.”;

(b)   “Ballina Traffic paraglider/hang glider XXXX, commencing flying operations in company at Numulgi 7 nm north east of Lismore not exceeding 400 feet, Ballina.”.

        3     The Duty Officer, or the CFI, must then update the messaging service with a message as follows:

        “VHF call made to Ballina Traffic flying operations commenced at [location] Duty Officer [or CFI] is [name] mobile number is [give number].”.

        4     For operations that conclude after the published hours of operation of the SFIS, the Duty Officer, or the CFI as applicable, must broadcast on the CTAF frequency (124.2 MHz) and state one of the following:

(a)   “Ballina Traffic paraglider/hang glider XXXX concluding flying operations at Lennox Head Ballina.”;

(b)   “Ballina Traffic paraglider/hang glider XXXX concluding flying operations in company at Numulgi 7 nm north east of Lismore not exceeding 400 feet, Ballina.”.

        5     The Duty Officer, or the CFI, must then update the messaging service with a message as follows:

        “VHF call made to Ballina Traffic flying operations concluded.”.

        6     If the VHF call mentioned in clause 2 of this Part is made just before the published hours of operation of the SFIS, then:

(a)   if the SFIS air traffic controller replies — the Duty Officer, or the CFI, must provide their name and phone number by telephone; and

(b)   if the SFIS air traffic controller does not reply — clauses 1 and 2 in Part A apply.

Note   In other words, the name and telephone number of the Duty Officer, or the CFI, must be supplied to, and will be recorded by, the BN ATSC Supervisor for emergency or NOTAM use when there is no response on the VHF radio.