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CASA EX91/22 — The Go For Goal Instrument 2022

Authoritative Version
CASA EX91/22 Exemptions as made
This instrument enables paragliders to be flown in the Go For Goal 2022 paragliding event without the pilots in command having to comply with certain licensing and radiocommunication regulatory requirements.
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 23 Nov 2022
Tabling HistoryDate
Tabled HR24-Nov-2022
Tabled Senate25-Nov-2022
To be repealed 04 Mar 2023
Repealed by Self Repealing

Instrument number CASA EX91/22

I, MICHAEL JOHN POOLE, Acting 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 M. Poole]

Mick Poole
Acting Branch Manager, Sport & Recreation Aviation
Stakeholder Engagement Division

23 November 2022

CASA EX91/22 — The Go For Goal Instrument 2022

1          Name

                 This instrument is CASA EX91/22 — The Go For Goal Instrument 2022.

2          Duration

                 This instrument:

(a)   commences on 24 November 2022; and

(b)   is repealed at the end of 4 March 2023.

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 4 December 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 (Exemptions from CAR and CASR — Hang Gliders and Paragliders) Instrument 2021, as in force from time.

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 the paragliding event known as “Go For Goal 2022” that is:

(a)   organised by Sydney Paragliding Pty Ltd and Sydney Paragliding and Hang-Gliding Club Inc; and

(b)   conducted in the event area during the event period.

Note   Go For Goal 2022 is scheduled to be conducted from 24 November 2022 to 4 December 2022. Two series are anticipated to take place during the event period:
Series 1 (24-29 November 2022) and Series 2 (1-4 December 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 12 500 feet above mean sea level;

(b)   lateral limits that are 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°19’43”S longitude 148°09’52”E

2

From there westerly to the point of latitude 36°19’32”S longitude 147°33’50”E

3

From there north-easterly to the point of latitude 36°02’37”S longitude 147°38’01”E

4

From there north-easterly to the point of latitude 35°57’33”S longitude 147°43’18”E

5

From there easterly to the point of latitude 35°57’48”S longitude 148°08’06”E

6

From there southerly to the point of commencement mentioned in item 1

event participant means a pilot in command of a paraglider who is participating in the event.

event period means the period commencing at the start of 24 November 2022 and ceasing at the end of 4 December 2022.

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

relevant qualification means:

(a)   a SAFA Supervised Pilot Certificate (PG2); or

(b)   a qualification, issued by SAFA, higher than a qualification mentioned in paragraph (a); 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 20211006, issued by SAFA on 6 October 2021.

Safety Director means the person appointed by SAFA to manage safety at the event.

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 paraglider 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)   the following provisions of CAO 95.8:

             (i)  to the extent that the subparagraph may require the carriage or use of a VHF radiocommunication system — subparagraph 10.3 (a);

            (ii)  subparagraph 10.4 (b).

Note   Subsection 8 of CAO 95.8 provides persons with an exemption from obligations under other specified CASR provisions, including regulation 91.625, in relation to aircraft to which CAO 95.8 applies. These include paragliders employed in private operations.

        (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          Exemption — radio operator

        (1)     Subsection (2) applies if Greg Hurst 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)     Greg Hurst 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 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 paragliders participating in the event;

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

(c)   Greg Hurst maintains a listening watch on appropriate VHF frequencies whenever flights are taking place for the purpose of the event; and

(d)   the Safety 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 operating in the event area who are not event participants:

             (i)  the location of the launch site and activities;

            (ii)  the duration of the activities;

           (iii)  the operating cardinal direction of the paragliders;

           (iv)  the 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 Safety 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 the paragliders of event participants and other aircraft, including the following information about event operations:

(a)   the location of the launch site and activities;

(b)   the duration of activities;

(c)   the operating area of the paragliders of the event participants.

        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 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 the event, the Safety 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 the event, SAFA must ensure that the Safety 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 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 conduct a flight to which the exemption applies only within the active danger area mentioned in paragraph 1 (a) of Schedule 1.