Federal Register of Legislation - Australian Government

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CASA EX60/22 Exemptions as made
This instrument applies to pilots who are members or guest members of the Newcastle Paragliding Club Incorporated and who are also members of the Sports Aviation Federation of Australia Limited, where the pilot, having launched a glider or paraglider from a launch site known as “Hooley Dooley”, is operating a hang glider or paraglider within active military restricted airspace at Williamtown, New South Wales. This instrument exempts these pilots from the Part 61 requirements mentioned in sub-subparagraph 10.1 (k) (iii) of Civil Aviation Order 95.8 when operating within the boundary of the military restricted airspace at Williamtown.
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 Aug 2022
Tabling HistoryDate
Tabled HR05-Sep-2022
Tabled Senate05-Sep-2022
To be repealed 31 Jul 2025
Repealed by Self Repealing

Instrument number CASA EX60/22

I, ANTHONY ALFRED STANTON, Branch Manager, Sport & Recreation Aviation, Stakeholder Engagement Division, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed A.A. Stanton]

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

9 August 2022

CASA EX60/22 — Hang Gliding and Paragliding Operations Within Active Restricted Airspace (Hooley Dooley) Exemption 2022

1          Name

                 This instrument is CASA EX60/22 — Hang Gliding and Paragliding Operations Within Active Restricted Airspace (Hooley Dooley) Exemption 2022.

2          Duration

                 This instrument:

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

(b)   is repealed at the end of 31 July 2025.

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: AGL.

                 In this instrument:

active restricted area means the military restricted airspace at Williamtown, New South Wales, as declared in an instrument made by CASA for regulation 6 of the Airspace Regulations 2007.

ATC means air traffic control.

CAO 95.8 means Civil Aviation Order 95.8 (Exemptions from CAR and CASR — Hang Gliders and Paragliders) Instrument 2021.

Duty Pilot means the member of Newcastle Paragliding Club responsible for overseeing and facilitating Club operations at the Hooley Dooley launch site.

Hooley Dooley launch site means the launch site with coordinates S3230.664’ E151o 29.971’ known as “Hooley Dooley”, located north-west of Vacy, in the State of New South Wales.

relevant aircraft has the same meaning as in CAO 95.8.

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

VHF means very high frequency.

Williamtown Defence authority means the controlling authority for the active restricted area, as designated from time to time in an instrument made by CASA for regulation 6 of the Airspace Regulations 2007.

4          Application

                 This instrument applies to a pilot if:

(a)   a written agreement exists between the Newcastle Paragliding Club Incorporated and the Williamtown Defence authority relating to the conduct of the operation of a relevant aircraft from the Hooley Dooley launch site within the active restricted area; and

(b)   the pilot:

             (i)  is a member or guest member of the Newcastle Paragliding Club Incorporated; and

            (ii)  is a financial member of SAFA; and

           (iii)  holds the following qualifications issued by SAFA:

(A)  a valid pilot certificate, not being a student pilot certificate;

(B)   a valid Flight Radio Operator’s Licence or a valid Radio Operator’s Endorsement.

5          Exemption

            A pilot to whom this instrument applies is exempt from compliance with sub‑subparagraph 10.1 (k) (iii) of CAO 95.8, to the extent that the pilot is required to hold the qualifications in subparagraph 10.2 (a) of CAO 95.8.

6          Conditions

            The exemption is subject to the conditions mentioned in Schedule 1.

Schedule 1          Conditions

        1     On a day that the pilot intends to conduct the operation, and before commencing the operation, the pilot must:

(a)   register the pilot’s attendance at the Hooley Dooley launch site with an official of the Newcastle Paragliding Club Incorporated; and

(b)   receive a briefing from the Duty Pilot on:

             (i)  the conditions mentioned in this Schedule; and

            (ii)  the VHF radio frequency designated by Williamtown ATC for clause 4.

        2     The pilot must, while operating within the active restricted area:

(a)   remain within a 2 nautical mile radius of the Hooley Dooley launch site; and

(b)   not operate eastwards of Summerhill Road, Vacy, New South Wales.

        3     The pilot must remain below 3 000 feet AGL if operating:

(a)   within the active restricted area; or

(b)   at any point within 5 nautical miles from the boundary of the active restricted area.

        4     The pilot must carry a serviceable radio capable of transmitting on the VHF radio frequency and monitor the radio frequency band designated for the operation by Williamtown ATC.

        5     In the event of a radio failure or suspected radio failure while operating within the active restricted area, or while operating at any point within 5 nautical miles from the boundary of the active restricted area, the pilot must:

(a)   not operate above 300 feet AGL; or

(b)   if the pilot is operating above 300 feet AGL — promptly descend to an altitude not exceeding 300 feet AGL and not climb above that altitude.

        6     After completing the operation, the pilot must notify the Duty Pilot that the operation has been completed.