Federal Register of Legislation - Australian Government

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CASA EX163/21 Exemptions as made
This instrument enables participants in the Corryong Hang Gliding Cup 2022 to fly a hang glider in the vicinity of Corryong aerodrome, Victoria, without complying with the requirements of regulations 91.400, 91.630, 91.635 and 91.640 of the Civil Aviation Safety Regulations 1998.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 23 Dec 2021
Tabling HistoryDate
Tabled HR08-Feb-2022
Tabled Senate08-Feb-2022
Date of repeal 16 Apr 2022
Repealed by Self Repealing

Instrument number CASA EX163/21

I, ANTHONY ALFRED STANTON, Branch Manager, Sport & Recreation Aviation, Stakeholder Engagement 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.A. Stanton]

Anthony A. Stanton
Branch Manager, Sport & Recreation Aviation
Stakeholder Engagement Division

22 December 2021

CASA EX163/21 — The Corryong Hang Gliding Cup Instrument 2021

1          Name

                 This instrument is CASA EX163/21 — The Corryong Hang Gliding Cup Instrument 2021.

2          Duration

                 This instrument:

(a)   commences on 8 January 2022; and

(b)   is repealed at the end of 16 April 2022.

Note   The provisions of this instrument, other than the direction in section 4, only apply during the event period, which ceases at the end of 15 January 2022. The direction in section 4 is in force until the repeal of this instrument because of paragraph 6 (b) of Schedule 1.

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 hang glider and NOTAM.

                 In this instrument:

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

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

event means the “Corryong Hang Gliding Cup 2022” conducted at Corryong during the event period.

event area means the area in proximity to the summit of Mount Elliot, Corryong, Victoria, that is within the following limits:

(a)   lateral limits — commencing at 362424S 1474000E, then to 360048S 1471724E, then to 353954S 1482830E, then to 360048S 1482812E, then to 362424S 1474000E;

(b)   vertical limits, extending from ground level within the lateral limits to 10 000 feet above mean sea level.

event period means the period commencing at the start of 8 January 2022 and ceasing at the end of 15 January 2022.

in the vicinity of has the meaning given by regulation 91.360 of CASR.

relevant qualification means:

(a)   a SAFA Supervised Pilot Certificate (HG2); 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.

VHF radio operator endorsement means a VHF radio operator endorsement issued by SAFA in accordance with the SAFA Operations Manual, as it exists from time to time.

4          Direction

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

5          Exemption — pilots in command

        (1)     While participating in the event, during the event period, a pilot in command, who operates a hang glider in the vicinity of Corryong aerodrome and in Class E or Class G airspace, is exempt from compliance with:

(a)   regulations 91.400, 91.630, 91.635 and 91.640 of CASR; and

(b)   paragraph 10.3 and subparagraph 10.4 (b) of CAO 95.8, to the extent that those paragraphs may require the use of a VHF radiocommunication system.

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

        (3)     Subsection (1) applies to the pilot in command of a hang glider whether or not it is equipped with a VHF radiocommunication system.

6          Exemption — radio operator

        (1)     Subsection (2) applies if Phillip Ian Campbell is the holder of a radio operator endorsement issued by SAFA in accordance with the SAFA Operations Manual, as it exists at the time this instrument commences.

        (2)     Phillip Ian Campbell is exempt from compliance with regulation 91.625 of CASR when transmitting on a radio frequency while operating a ground communications station in accordance with clause 1 of Schedule 1, during the event period.

Schedule 1          Requirements for direction

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

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

(b)   an effective ground communications station is established and maintained that covers the following:

             (i)  the area within 15 nautical miles of all hang gliders participating in the event;

            (ii)  if a hang glider participating in the event is in the vicinity of Corryong aerodrome and in Class E airspace — the area in the vicinity of Corryong aerodrome; and

(c)   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)   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)   at intervals of no more than 20 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 area:

             (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 paragraph (b) of clause 1, an effective ground communications station must be:

(a)   supported by available back-up VHF and UHF radiocommunication systems and batteries; and

(b)   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                 A hand-held VHF radiocommunication system without an external antenna is not an effective ground communications station.

        4     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.

        5     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, and any danger area established for that day, in relation to the event;

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

(d)   review and explanation of the conditions under which the exemption in subsection 5 (1) has been issued;

(e)   review and explanation of any airspace in which 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 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, 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     Before each event participant first operates a hang glider during the event period for the purpose of the event, SAFA must ensure that 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 exemption

        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 exemption 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; and

(c)   the danger area mentioned in paragraph 1 (a) of Schedule 1 is active.

        4     The pilot in command must:

(a)   attend the daily briefing mentioned in clause 5 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 relevant qualification that authorises participation in the event.

        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 exemption applies within the active danger area mentioned in paragraph 1 (a) of Schedule 1.