Federal Register of Legislation - Australian Government

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CASA EX11/22 Exemptions as made
This instrument enables participants in one or both paragliding competitions mentioned in its title (the events) to fly a paraglider in specified locations without complying with regulatory requirements relating to the carriage of an aircraft very high frequency radio. The instrument also enables two holders of a radio operator endorsement issued by Sports Aviation Federation of Australia Limited to each transmit on a radio frequency while operating a ground communications station for the events.
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 Feb 2022
Tabling HistoryDate
Tabled HR15-Feb-2022
Tabled Senate28-Mar-2022
Date of repeal 26 May 2022
Repealed by Self Repealing

Instrument number CASA EX11/22

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

11 February 2022

CASA EX11/22 — The Corryong Paragliding Open and the Not the NZ PG Open Instrument 2022

1          Name

                 This instrument is CASA EX11/22 — The Corryong Paragliding Open and the Not the NZ PG Open Instrument 2022.

2          Duration

                 This instrument:

(a)   commences on 13 February 2022; and

(b)   is repealed at the end of 26 May 2022.

Note   The provisions of this instrument, other than the direction in section 4, apply only during the event period, which ceases at the end of 26 February 2022. The direction in section 4 is in force until the repeal of this instrument because of the record retention requirement in 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 NOTAM and paraglider.

                 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 each event.

Corryong aerodrome means Corryong aerodrome (YCRG), CASA registration number R105.

Note   At the time this instrument is made:

(a)     a transitional aerodrome certificate mentioned in paragraph 202.701 (1) (c) of CASR is in force for Corryong aerodrome; and

(b)     an aerodrome certificate is taken to have been granted to the operator of Corryong aerodrome in accordance with subregulation 202.701 (4) of CASR, subject to regulation 202.702.

event means one or both of the following, conducted at Corryong during the event period:

(a)   Corryong Paragliding Open 2022;

(b)   Not the NZ PG Open 2022.

Note   The Corryong Paragliding Open 2022 is scheduled to be conducted from 13 to 19 February 2022. The Not the NZ PG Open 2022 is scheduled to be conducted from 20 to 26 February 2022.

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

(a)   vertical limits, extending from ground level within the lateral limits described in paragraph (b) to 10 000 feet above mean sea level;

(b)   lateral limits bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.

Item

Description

1

The point of latitude 36°24’24”S longitude 147°40’00”E

2

From there north-westerly to the point of latitude 36°00’48”S longitude 147°17’24”E

3

From there north-easterly to the point of latitude 35°39’54”S longitude 148°28’30”E

4

From there southerly to the point of latitude 36°00’48”S longitude 148°28’12”E

5

From there south-westerly to the point of latitude 36°14’52”S longitude 147°56’10”E

6

From there south-westerly to the point of commencement mentioned in item 1

event period means the period commencing at the start of 13 February 2022 and ceasing at the end of 26 February 2022.

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

relevant qualification means:

(a)   a SAFA Pilot Certificate (PG4); 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, a qualification mentioned in paragraph (a) or (b).

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

SAFA Operations Manual means the document titled SAFA Operations Manual, version 20211106, issued by SAFA on 6 October 2021.

4          Direction

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

5          Exemption — pilots in command

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

(a)   regulations 91.400, 91.625, 91.630, 91.635 and 91.640 of CASR; and

(b)   the following provisions of CAO 95.8, to the extent that those provisions may require the use of a VHF radiocommunication system:

             (i)  paragraph 10.3;

            (ii)  subparagraph 10.4 (b).

        (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 paraglider whether or not the paraglider is equipped with a VHF radiocommunication system.

6          Exemptions — radio operators

        (1)     Subsection (2) applies if David John Gibbs 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)     David John Gibbs 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.

        (3)     Subsection (4) applies if Phil Joughin 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.

        (4)     Phil Joughin 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.

Schedule 1          Requirements for direction

        1     For each day of each 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 paragliders participating in the event;

            (ii)  if a paraglider participating in the event is in the vicinity of Corryong aerodrome — the area in the vicinity of Corryong aerodrome; and

(c)   one of the following individuals maintains a listening watch on appropriate VHF frequencies whenever flights are taking place for the purpose of an event:

             (i)  David John Gibbs;

            (ii)  Phil Joughin; 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 paragliders 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 event operations, that manages risk of conflict between paragliders participating in an event and other aircraft, including the following information about event operations:

(a)   location of the launch site and activities;

(b)   duration of activities;

(c)   operating area of paragliders participating in the event.

        5     Before the first flight on each day of each 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 those 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 each 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 paraglider during the event period for the purpose of an 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 paraglider 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 paraglider is unserviceable, the pilot in command must cease the flight as soon as safely practicable.

        3     The pilot in command may conduct a flight to which the exemption applies only 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 event operations to aircraft operating in the event area; 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 an event (whichever applies).

        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 conduct a flight to which the exemption applies only within the active danger area mentioned in paragraph 1 (a) of Schedule 1.