CASA EX18/24

Instrument number CASA EX18/24

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]

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

26 March 2024

CASA EX18/24 — The Paragliding State of Origin Instrument 2024

1 Name

This instrument is CASA EX18/24 — The Paragliding State of Origin Instrument 2024.

2 Duration

This instrument:

(a) commences on 28 March 2024; and

(b) is repealed at the end of 30 June 2024.

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 31 March 2024. 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 ASAO, certified aerodrome, exposition, for an ASAO, 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 the event.

event means the “Paragliding State of Origin 2024”, conducted at Manilla, New South Wales, during the event period.

event area means the area in proximity to the summit of Mount Borah, Manilla, New South Wales, that:

(a) is within the following limits:

(i) lateral limits — a 50 nautical mile radius of Mount Borah (located at the point of latitude 30°40’27.00”S longitude 150°36’13.20”E);

(ii) vertical limits — extending from ground level within the lateral limits to 10 000 feet above mean sea level; and

(b) excludes the area within 10 nautical miles of a certified aerodrome.

Note Event participants must not enter controlled airspace or within 10 nautical miles of an aerodrome mentioned in paragraph (a) or (b). At the time this instrument is made:

(a) the following aerodromes are certified aerodromes: Armidale (YARM); Narrabri (YNBR); Tamworth (YSTW); and

(b) a transitional aerodrome certificate mentioned in paragraph 202.701(1)(c) of CASR is in force for the following aerodromes: Gunnedah (YGDH), Inverell (YIVL); Quirindi (YQDI); and

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

event period means the period commencing at the start of 28 March 2024 and ceasing at the end of 31 March 2024.

Note A paraglider employed in private operations may only be flown during daylight hours — see subparagraphs 4(c) and 10.1(b) of CAO 95.8. This requirement applies during the event period.

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

relevant qualification means:

(a) a SAFA Pilot Certificate (PG2); 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 ASAO exposition means the exposition:

(a) comprising the set of documents approved by CASA under regulation 149.080 of CASR in relation to SAFA as an ASAO, as existing at the time this instrument commences; or

(b) if the set of documents mentioned in paragraph (a) is changed under regulation 149.115 or 149.120 of CASR, or in accordance with the process mentioned in paragraph 149.340(i) of CASR — the set of documents as changed, as existing at the time this instrument commences.

Note The set of documents that the SAFA ASAO exposition comprises is listed in the Explanatory Statement.

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 within the event area is exempt from compliance with:

(a) regulations 91.630 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 and CAR provisions, including regulation 91.625 of CASR, 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 operators

(1) Subsection (2) applies to an individual mentioned in that subsection if the individual is the holder of a radio operator endorsement issued by SAFA in accordance with the SAFA ASAO exposition, as existing at the time this instrument commences.

(2) Each of the following individuals 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:

(a) Peter Beamish, SAFA member number 301517;

(b) Rob Couper, SAFA member number 88029;

(d) Dan McKenna, SAFA member number 302726;

(e) James Thompson, SAFA member number 17902.

Schedule 1 Requirements for direction

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

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

(i) the event area;

(ii) the area within 15 nautical miles of all paragliders participating in the event; and

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

(i) Peter Beamish, SAFA member number 301517;

(ii) Rob Couper, SAFA member number 88029;

(iii) David Levin, SAFA member number 2206459;

(iv) Dan McKenna, SAFA member number 302726;

(v) James Thompson, SAFA member number 17902; and

(c) 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

(d) 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 1(a), 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 paragliders 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;

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 in relation to the event;

(i) that the event area excludes controlled airspace and the area within 10 nautical miles of any certified aerodrome;

(ii) the requirement not to enter controlled airspace or the area mentioned in subparagraph (i).

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

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

(f) review and explanation of any airspace in which other aircraft may be operating;

(g) 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;

(h) 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 paraglider 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 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 the event operations to aircraft operating in the event area.

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 ASAO exposition, as existing at the time this instrument commences; and

5 The pilot in command may rely on the daily briefing mentioned in paragraph 4(a) to reach the satisfaction mentioned in clause 3.