Federal Register of Legislation - Australian Government

Primary content

CASA EX04/22 Exemptions as made
This instrument permits members of Sunshine Coast Sports Aviators Inc. to operate hang gliders and paragliders from a site near Point Cartwright, Maroochydore. The site is within 10 nautical miles of the controlled aerodrome at Sunshine Coast, which means that the operations may otherwise be prohibited under subparagraph 10.1(k) of the Civil Aviation Order 95.8.
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 11 Mar 2022
Tabling HistoryDate
Tabled Senate28-Mar-2022
Tabled HR29-Mar-2022
To be repealed 01 Dec 2024
Repealed by Self Repealing

Instrument number CASA EX04/22

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

9 March 2022

CASA EX04/22 — Flight in Class D Airspace near Sunshine Coast Aerodrome (Sunshine Coast Sports Aviators) Instrument 2022

1          Name

            This instrument is CASA EX04/22 — Flight in Class D Airspace near Sunshine Coast Aerodrome (Sunshine Coast Sports Aviators) Instrument 2022.

2          Duration

                 This instrument:

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

(b)   is repealed at the end of 1 December 2024.

Note   For regulation 11.250 of CASR, the directions in sections 6 and 7 cease to be in force when this instrument is repealed.

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 paraglider.

                 In this instrument:

AA means Airservices Australia, ARN 202210, in its capacity as the ATS provider at Sunshine Coast aerodrome.

Association means Sunshine Coast Sports Aviators Inc., ABN 50 243 762 940.

duty pilot means the member of the Association responsible for overseeing and facilitating hang gliding and paragliding operations at the Point Cartwright site.

exempt operation means an operation:

(a)   conducted wholly within Class D airspace at the Point Cartwright site; and

(b)   covered by an LoA that is in effect; and

(c)   the pilot in command for which is:

             (i)  a member of the Association; and

            (ii)  a financial member of SAFA.

LoA means a letter of agreement between the Association and AA relating to the conduct of the hang glider or paraglider operations from the Point Cartwright site.

Note   The LoA in effect at the commencement of this instrument is the Letter of Agreement, document number 3520, dated 18 November 2021 that was agreed to on 30 November 2021.

Point Cartwright site means the the area bounded by:

(a)   the line from Beacon Lighthouse at coordinates Lat. 26° 40’ 47” S, Long. 153° 8’ 18” E to the point at coordinates Lat. 26° 41’ 47” S, Long. 153° 8’ 10” E; and

(b)   the line that corresponds to the line mentioned in paragraph (a) that is 100 m offshore; and

(c)   the lines that connect the corresponding endpoints of the lines in paragraphs (a) and (b).

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

4          Exemption

            The pilot in command of a hang glider or a paraglider conducting an exempt operation is exempt from compliance with subparagraph 10.1 (k) of Civil Aviation Order 95.8.

5          Conditions

                 The exemption in section 4 is subject to the conditions that the pilot must:

(a)   before commencing the exempt operation, confirm with the duty pilot that the operation has been cleared by AA; and

(b)   not conduct the exempt operation higher than 300 ft above mean sea level; and

(c)   comply with any condition set out in the LoA that is in effect at the time of the operation.

Note   Civil Aviation Order 95.8 contains various other conditions for operating hang gliders and paragliders. These include requirements to fly only in VMC and to fly only during daylight hours.

6          Directions — 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 exempt operations have finished for a day, or a part of a day.

        (3)     As soon as possible after an incident or accident involving an exempt operation, the duty pilot must report it to CASA.

Note   Reports to CASA can be sent by email to sport@casa.gov.au.

7          Direction — Association

                 The Association must ensure that CASA has a copy of the LoA that is in effect in relation to an exempt operation.