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AIR NAVIGATION (FUEL SPILLAGE) REGULATIONS 1999 1999 NO. 91
EXPLANATORY STATEMENTSTATUTORY RULES 1999 No. 91
Issued by the Authority of the Minister for Transport and Regional Services
Air Navigation Act 1920
Air Navigation (Fuel Spillage) Regulations 1999
Subsection 26(1) of the Air Navigation Act 1920 provides that the Governor-General may make regulations, inter alia:
"...(c) in relation to air navigation within a Territory or to or from a Territory;
(d) in relation to air navigation, being regulations with respect to trade and commerce with other countries and among the States; and
(e) in relation to air navigation, being regulations with respect to any other matter with respect to which the Parliament has power to make laws."
Subsection 26(2) of the Air Navigation Act provides that regulations made under subsection 26(1) can include regulations imposing penalties not exceeding $5000 (s 26(2)(k)) and regulations enacting on-the-spot-fines (s 26(2)(1)).
The Air Navigation (Fuel Spillage) Regulations 1999 (the Regulations) provide for a scheme to prohibit the intentional or unintentional release of fuel by an aircraft in flight except in emergency or special circumstances. Unintentional fuel discharge from aircraft (commonly but inaccurately referred to as fuel venting) has been the subject of considerable public attention and parliamentary debate following recent allegations of fuel discharge from aircraft over Sydney. Unintentional fuel release from aircraft is a rare event that generally occurs only when a large aircraft has faulty fuel vent valves in incorrectly filled or overloaded wing fuel tanks. The faulty valves allow fuel in the fuel surge tanks to escape directly to the atmosphere. Such fuel releases do not have safety implications and are purely an environmental matter. In the past the Commonwealth did not have regulatory powers to take action against carriers which have discharged fuel without reason. The Regulations fill that regulatory gap.
The Regulations:
* Provide that the operator of an aircraft must not allow the aircraft to release fuel
during flight, whether intentionally or unintentionally, except with the approval of
Air Traffic Control, or in accordance with directions issued by the Civil Aviation
Safety Authority, or in emergency situations;
* Impose a penalty of up to 25 penalty units ($2750 for individuals, or $13750 for
corporations) on the operator of an aircraft releasing fuel in contravention of the
prohibition,
* Provide the Secretary of the Department of Transport & Regional Services with
the power to inspect aircraft suspected of having faulty fuel systems;
* Provide the Secretary with the power to ground aircraft believed to have
faulty fuel systems that may release fuel during flight; and
* Provide a scheme of 'on-the-spot-fines' for enforcement of the offences
in the Regulations.
It is intended that the Secretary would delegate the power to order an inspection (Regulation 8), the serving or removal of a Grounding Notice (Regulations 9 and 12), the power to authorise a flight while an aircraft is under a Grounding Notice (Regulation 15), the power to issue or remove Infringement Notices (Regulation s19 and 25), and the power to extend the time to pay an Infringement Notice (Regulation 23) to officers in the Department, who would oversee the administration of the Regulations, The power of inspection (Regulation 8) may be delegated to an employee of the Civil Aviation Safety Authority, to take advantage of the specific technical expertise of that organisation.
Decisions of the Secretary under the Regulations are reviewable by the Administrative Appeals Tribunal.
Details of the Regulations appear in the attachment.
Attachment
Notes on Clauses
Part 1 Preliminary
Division 1.1 Introductory
Clause 1 - Name of Regulations
The regulations are given the name Air Navigation (Fuel Spillage) Regulations 1999.
Clause 2 - Commencement
The regulations will commence on gazettal.
Division 1.2 Some features of these regulations
Clause 3 - Notes
Notes in the regulations are to aid interpretation only and are not part of the regulations.
Clause 4 - Examples
Examples given in the regulations are to be taken as part of the regulations, however the regulations are not to be limited to these examples. Where an example is inconsistent with a provision of the regulation, the provision should be taken as the accurate interpretation of the regulations.
Clause 5 - Definitions
This clause defines terms used in the regulations.
Clause 6 - Offences of strict liability
This clause provides the standard definition of an offence of strict liability, and is consistent with item 6.1 of the Schedule to the Criminal Code Act 1995. The two offences in the regulations (subclauses 7(1) and 14(1)) are offences of strict liability (see subclauses 7(3) and 14(2)), meaning that it is not necessary to prove that a person committed the offences intentionally or recklessly.
Attachment
Notes on Clauses
Part 2 Scheme to prevent release of fuel from aircraft in flight
This Part establishes the offence of releasing fuel in flight from an aircraft, allows for an inspection of an aircraft's fuel system and establishes a grounding notice system for aircraft suspected of releasing fuel (Division 2. 1). The Part also allows for a system of infringement notices (Division 2.2) and provides the Secretary with the power of delegation for the purposes of the regulations (Division 2.3).
Division 2.1 Preventing release of fuel
This Division makes the release of fuel from an aircraft in flight an offence (clause 7). Where an aircraft is suspected of having potential to release fuel it also allows the Secretary of the Department to demand an inspection of the aircraft (clause 8) or issue a grounding notice (clause 9).
Clause 7 - Offence ~ aircraft releasing fuel during flight
This clause is the key provision of the Air Navigation (Fuel Spillage) Regulations. The clause places the responsibility on the operator of an aircraft to ensure that an aircraft does not deliberately or unintentionally release fuel in flight (subclause 7(1)). Deliberate release of fuel in flight could include, for example fuel dumping. Unintentional fuel release could, for example, occur through a faulty fuel system, including faulty fuel tank vent valves. Subclause (2) provides exceptions to this regulation:
* where permission to release fuel has been granted by Air Traffic Control;
* where fuel is released in accordance with directions promulgated by the Civil
Aviation Safety Authority under the Civil Aviation Regulations 1988;
* where fuel is released in emergency situations where no hazard to persons or
property is created by the release; or
* where fuel is released from some older types of jet engine when the engine is shut
down on the ground.
The offence is one of strict liability, subclause 7(3). The penalty for this offence is limited to 25 penalty units ($2750 for an individual or $13750 for a body corporate) and is consistent with regulation 150 of the Civil Aviation Regulations 1988, which covers the dropping of articles, including fuel, from aircraft. The regulation also allows for an infringement notice to be issued by the Secretary (or his delegate) with an 'on-the-spot-fine' of 5 penalty units ($550).
Clause 8 - Inspection of aircraft's fuel system
The Secretary of the Department may inspect a 'Commonwealth jurisdiction aircraft' (defined in clause 5) to determine wether or not it has a faulty fuel system. At least 5 days prior to inspection, the Secretary must set a time, place and date for the inspection in consultation with the operator and advise the operator of these details in writing. Where an operator refuses to allow an inspection the Secretary may issue a grounding notice under clause 9.
Attachment
Notes on Clauses
Clause 9 - Secretary may issue grounding notice
The Secretary may issue a 'grounding notice' to an operator where there are reasonable grounds to suspect the operator's aircraft has a faulty fuel system that may leak fuel, or where an operator does not allow under an inspection under clause 8. The implications of a grounding notice are set out in clause 14 - the aircraft may not fly without permission of the Secretary.
Clause 10 - Contents of the grounding notice
This clause establishes the information that must be contained in a grounding notice served under clause 9. However, information included on a grounding notice issued under these regulations is not necessarily limited to that stated in this clause.
Clause 11 - Service of grounding notices
Clause 11 establishes how a grounding notice should be served on either an individual or a corporation.
Clause 12 - Withdrawal of grounding notice
The Secretary can withdraw a grounding notice, but only if satisfied the aircraft to which the notice relates will not release fuel in flight. Once the Secretary is satisfied an aircraft will not release fuel in flight the notice must be withdrawn as soon as practicable.
Methods of satisfying the Secretary that an aircraft's fuel system would not leak fuel include, but are not limited to, the examples given in the regulation.
Clause 13 - Telling, about withdrawal of notice
As soon as is possible following the withdrawal of a grounding notice, the Secretary must notify in writing the operator of the aircraft named in the notice that it has been withdrawn. Notification could occur in the same manner as a notice is served as in clause 11.
Clause 14 - Offence - aircraft mentioned in notice starting a flight
It is an offence for an operator to permit an aircraft in respect of which a grounding notice has been issued to undertake a flight, unless the Secretary has withdrawn the notice or has provided written permission for a flight to be undertaken.
This offence is one of strict liability, with a penalty of 45 penalty units ($4950 or $24750 for a corporation). The Secretary (or his delegate) can also issue an infringement notice. with a penalty of nine penalty units ($990), in relation to the offence.
Attachment
Notes on Clauses
Clause 15 - Permission to start flight
The Secretary may permit a flight to be undertaken under clause 14 only where it is in the public interest. An example of an operation in the public interest would be to enable the aircraft to be moved to a location where repairs to its fuel system could be undertaken.
Clause 16 - Review of decisions under this Part
A person whose interests are affected by a decision of the Secretary to either issue a grounding notice on an aircraft under clause 9 of these regulations or withdraw a grounding notice under clause 12 may apply for a review of the decision by the Administrative Appeals Tribunal. Any application to review a decision under this clause is subject to the Administrative Appeals Tribunal Act 19 75.
Division 2.2 Infringement notices
This Division establishes a system for the issue, service and withdrawal of infringement notices, commonly known as 'on-the-spot fines', for offences under the regulations. The infringement notice provisions are common with other Commonwealth legislation establishing on-the-spot fines schemes, for example, Part 7 of the Airports (Control of On-Airport Activities) Regulations and Part 8 of the Airports (Environment Protection) Regulations.
Clause 17 - Purpose and effect of Division
This clause outlines the purpose of Division 2.2.
Subclause 17(2) states that the inclusion of an 'on-the-spot fine' scheme does not require the issue of an infringement notice for an offence and does not otherwise affect the rights of people and the powers of courts when dealing with the offence. However, under clause 24 if an infringement notice penalty is paid by the person named in the notice, the person cannot be prosecuted in court for that offence.
Clause 18 - Meaning of penalty for Division 2.2
In Division 2.2 of the regulations, the term penalty is defined as the penalty for an infringement notice served under the regulations. The amount of the penalty is defined in the regulation outlining the offence.
Clause 19 - Secretary may issue infringement notice
This clause simply empowers the Secretary to issue infringement notices where the Secretary believes an offence has been committed under these Regulations.
Attachment
Notes on Clauses
Clause 20 - Contents of infringement notice
This clause outlines the information that must be contained in an infringement notice. Additional information may be included where the Secretary considers it may be necessary.
Clause 21 - Service of infringement notices
An infringement notice may be served in the same way in which a grounding notice is served, see clause 11.
Clause 22 - Time for payment of penalty
An infringement notice penalty must be paid within 28 days after it is served, unless:
* an extension of time to pay is granted under clause 23; or
* a person applies for an extension of time to pay and is rejected, in which case penalty must be paid within 7 days of the notice of refusal to extend time being served; or
* a person applies for an infringement notice to be withdrawn and the application is rejected, in which case the fine must be paid within 28 days of the notice of refusal being served.
Clause 23 ~ Extension of time to pay penalty
A person who has had an infringement notice served on them may apply in writing to the Secretary for an additional period of up to 28 days to pay the penalty. On considering such a request the Secretary must notify the person in writing wether an extension has been granted. Where such a request has been denied this notice must explain the reasons for such a refusal. A notice can be served in the same way as a grounding notice (clause 11) or infringement notice (clause 21). The decision to grant an extension to pay is at the sole discretion of the Secretary.
Clause 24 - Effect of payment of infringement notice penalty
On paying the penalty stated in an infringement notice, a person is no longer liable to be prosecuted for the offence stated in the notice. A person who pays an infringement notice penalty is considered not to have been convicted of an offence contained within that notice.
Clause 25 - Withdrawal of infringement notice
Within 28 days of having been served an infringement notice, a person may apply in writing to the Secretary to have that notice withdrawn. The Secretary may withdraw an infringement notice served on a person, regardless of whether that person has applied to have the notice withdrawn. The Secretary must notify the person in writing of the decision whether or not to withdraw the notice, including any reasons if the notice is not withdrawn.
In making a decision whether or not to withdraw a notice, the Secretary must consider if a person has had any prior conviction or paid an infringement notice penalty under these regulations, the circumstances of the offence in the stated notice and any other information considered relevant.
Clause 26 - Withdrawal of infringement notices
Where an infringement notice has been withdrawn, the Secretary must notify the person on which it had been served. This notice may be served by any of the methods given in clause 21, which outlines methods of serving infringement notices. Should the notice be withdrawn with the intent of prosecuting the offence in court, the notice should include information stating that.
Clause 27 -Refund of penalty
If an infringement notice is withdrawn after a penalty under that notice has been paid, the Commonwealth must refund that penalty.
Division 2.3 Miscellaneous
Clause 28 - Delegation
The Secretary may delegate any or all of the powers under these Regulations, except the power of delegation, to an officer of the Department or a staff member of the Civil Aviation Safety Authority.
REGULATORY IMPACT STATEMENT
DRAFT AIR NAVIGATION (FUEL SPILLAGE) REGULATIONS
PROBLEM
The release or spillage of fuel from aircraft in flight is an issue that has created considerable public concern in recent years. Aircraft can release fuel either intentionally or unintentionally. Intentional fuel release, or fuel dumping, generally occurs under controlled conditions where a large aircraft needs to reduce its weight to enable it too land safely. Fuel dumping normally occurs at high altitude to minimise the risk of fuel reaching the ground and has limited environmental impacts.
Unintentional fuel discharge is a rare event that generally occurs only when a large aircraft has faulty fuel vent valves in incorrectly loaded or overloaded wing fuel tanks. The faulty valves allow fuel in the fuel surge tanks located in the wings to escape directly to the atmosphere. Unintentional fuel releases do not have safety implications and are not covered under civil aviation safety legislation.
Unintentional fuel discharge from aircraft (commonly but inaccurately referred to as fuel venting) was the subject of considerable public attention and parliamentary debate following the alleged discharge of fuel from aircraft over Sydney on a number of occasions since 1996. While the amount of fuel released in these incidents is relatively small the environmental impacts associated with fuel releases have raised considerable concern in the community. The unintentional release of fuel is easily prevented and the operators of aircraft should ensure it does not occur in order to prevent any potential for environmental harm.
The Commonwealth does not currently have regulatory powers to take action against carriers which have unintentionally discharge fuel. This Regulatory Impact Statement explores the regulatory and non-regulatory options open to the Commonwealth in addressing this issue. The Regulations proposed in this Regulatory Impact Statement ban the deliberate or accidental release of fuel from aircraft except under limited circumstances.
OBJECTIVE
The object of the proposed regulations is to discourage future occurrences of unintentional fuel discharge, therefore protecting the environment and addressing community concern about this issue. The proposed regulations would encourage aircraft operators to ensure fuel systems are adequately maintained by enabling the Commonwealth to take action against operators who unintentionally or inappropriately release fuel and ground aircraft that are suspected of having faulty fuel systems.
Regulatory Impact Statement
OPTIONS
Existing regulation
Commonwealth legislation has been examined to see if it applies to the issue of intentional or unintentional fuel discharge. There is currently no legislation that makes the unintentional discharge of fuel or the operation of an aircraft that may potentially discharge fuel an offence.
Civil Aviation Regulation 150 (CAR 150) regulates the deliberate drops of objects, including fuel, from aircraft. For a prosecution to proceed under CAR 150 there would be a need to establish that the pilot in command of an aircraft intentionally or recklessly discharged the fuel. In the case of unintentional fuel discharge the pilot does not have direct control of the venting mechanism and it is unlikely such a prosecution would be successful.
CAR 29 enables the Civil Aviation Safety Authority to direct a foreign aircraft not to fly when it has suffered major damage or developed a major defect. In the absence of regulation making unintentional fuel discharge or operation of an aircraft with faulty fuel vent valves an offence, it is considered that it would be inappropriate to order an aircraft not to fly under CAR 29. The inappropriate implementation of an order under CAR 29 may also provoke retaliatory action against Australian carriers in the Flag State of the aircraft. CAR 29 does not apply to domestic Australian operators.
The Department of Transport and Regional Services is unaware of specific regulations addressing this issue in other countries. The proposed Regulation is required in Australia as there is no other adequate way of addressing the issue and community concerns about the lack of regulation of the issue
Use of Administrative Measures
Administrative measures may be used against Australian based aircraft operators who are considered to be releasing fuel. Australian maintenance and safety standards however greatly reduce the risk of the involvement of Australian registered aircraft releasing fuel. CASA's normal method of ensuring these standards are maintained is by carrying out audits of the operators quality management programs. Should an Australian operator be involved in fuel release incidents CASA could be directed:- to undertake ramp inspections of the operator's aircraft and examine the operators aircraft maintenance procedures directly.
It is much more difficult to take action against international carriers. Under ICAO arrangements, Australia (CASA) accepts that the safety regulator in the country where the aircraft is registered will ensure appropriate standards are maintained. Ramp checks carried out by CASA on foreign aircraft do not involve detailed technical checks and CASA is unlikely to investigate faulty fuel venting systems, as this is not a safety issue.
Should an operator be suspected of being involved in fuel release incidents, the Department could review a company's future operations or impose temporary restrictions on timetable approvals. It is likely. however, that such an action would be subject to legal challenge in the absence of regulations prohibiting fuel discharge. Such action could also have repercussions on Australia's bilateral air services agreements. As such, administrative measures are unlikely to prove a successful deterrent to foreign registered aircraft.
No action
Should no action be taken on this issue it would remain difficult to prevent fuel discharge events or take action against an operator which is involved in such incidents. In previous alleged incidents of fuel release, the Department has responded by writing to the operator concerned and the regulatory body in its flag state. This method, although proving ultimately effective, is time consuming and does not guarantee success. In the one incident in which this occurred, the operator was involved in a number of incidents before the issue was satisfactorily resolved. Failure to take action on this matter could result in real or perceived damage to the environment and a loss of public confidence in the aviation environmental regulatory regime.
Self-regulation
A voluntary code of practice is unlikely to form sufficient deterrent to those few operators whose poor standards of maintenance may allow fuel discharges to occur. This would be particularly applicable to foreign airlines, against which it would be difficult to take any action in the absence of a legislative regime. Absence of an effective measure to ensure an airline repairs a vent valve system may result in continuing contamination of the atmosphere. Reliance on self-regulation may also be an inappropriate response to an issue which is of considerable public concern.
Establishing new regulations
New regulations could be introduced under the Air Navigation Act 1920. The proposed regulations would be designed to:
- Make it an offence to intentionally or unintentionally release fuel from a Commonwealth jurisdiction aircraft in flight except in an emergency situation, with the approval of air traffic services, or following an authorisation of the Civil Aviation Safety Authority, with a penalty of 25 penalty units' ($2750 for individuals or $13750 for bodies corporate
- Grant a power of inspection of an aircraft suspected of releasing fuel to the Secretary of the Department or his/her delegate;
- Allow a grounding notice to be served on an aircraft suspected of leaking fuel or where the operator does not permit the-Secretary to inspect it; and
____________________________________
1. The penalties for this offence are designed to be consistent with those under CAR 150.
2. Subsection 26(2) of the Air Navigation Act 1920 provides that regulations made under the Act are limited to 55000. Subsections 4B(3) and 4B(3A) of the Crimes Act 1914 establishes the maximum penalty for a body corporate as five times that for a natural person, unless the contrary intention occurs in the legislation under which the penalty is made.
Regulatory Impact Statement
- Make it an offence to fly an aircraft on which a grounding notice has been served, with a penalty of 45 penalty units ($4950 for an individual or $24750 for a body corporate).
While the Regulations are aimed primarily at the unintentional discharge of fuel they also cover all forms of fuel release by an aircraft in flight. This is to remove any uncertainty of interpretation of what is intentional or unintentional fuel spillage or release. The deliberate release of fuel occurs on rare occasions when operational requirements, such as the loss of an engine, require an aircraft to land when it is above its maximum landing weight. In such an instance an aircraft may deliberately 'dump' fuel, in order to reduce its weight. The current practice for such events is for aircraft to dump fuel at altitude of greater than 6000 feet Above Ground Level, to minimise the chance of any fuel reaching the ground. Fuel is not permitted to be dumped above urban areas or where it may damage property, except in an emergency. It is intended a similar policy would be retained under the new arrangements.
The Regulations would apply to the operator of an aircraft, rather than the Pilot-in-Command. The Regulations also provide for Infringement Notices (On-the Spot Fines) to be served for the offences stated above. Infringement Notice penalties are limited to $550 for an aircraft releasing fuel in contravention of the Regulations or $990 for an operator operating an aircraft which has a grounding notice served on it.
Conclusion
Given the limited effectiveness of other options, it is considered that the most effective mechanism is for Regulations to be introduced under the Air Navigation Act 1920. The proposed regulations will make it a strict liability offence for aircraft to release fuel to the atmosphere, other than in an emergency or with CASA or Air Traffic Control approval. Where an operator is suspected of breaching this regulation, it will allow a notice to be served requiring inspection of the aircraft's fuel vent valves and/or maintenance procedures. It would be an offence to operate the aircraft if such a notice is in force.
ASSESSMENT OF IMPACTS
Impact Group identification
Groups affected by the proposed regulations were identified as the airline operators, airline pilots, and the aviation regulatory bodies in Australia. These groups were identified as being represented by:
- Australian Air Transport Association
- Board of Airline Representatives of Australia
- Civil Aviation Safety Authority
- Airservices Australia
Regulatory Impact Statement
Assessment of Costs - Government
The proposed regulation will impose administrative costs for Government through the administration of the regulation. As incidents of airborne fuel spillage are rare, it is expected costs in enforcing the regulation would be minor. The unintentional release of fuel generally occurs during and shortly after the take-off of a large aircraft and may be visible to the control tower. Airservices Australia, which operates control towers at Australian Airports, currently reports such incidents to the Department of Transport and Regional Services. The Department would then undertake an investigation of the incident to determine whether action should be taken under the Regulations. The Department may also investigate reports of intentional or unintentional fuel discharge made by other sources, including from members of the public. The cost of inspecting an aircraft suspected of breaching the proposed Regulations would be borne by the Department.
Assessment of Costs - Consumers
The proposed Regulation should not impose any additional costs on consumers. Maintenance of fuel systems is a normal part of aircraft maintenance procedures.
Where inspection of an aircraft is made under Regulation 8, the operator of an aircraft may entail costs due to the loss of flight time during the inspection. The proposed Regulations do not prevent the operation of an aircraft in the period between notification of an inspection and an inspection taking place. Should an aircraft leave Australia prior to an inspection, an inspection would be required on its next arrival in Australia. Where it is considered that an aircraft is likely to release fuel the operator of an aircraft may have a grounding notice served under Regulation 9. This would prevent the operation of the aircraft until the Secretary was satisfied that it would not release fuel. This would entail costs to the operator of the aircraft in lost flight time and revenue.
Assessment of benefits
The occurrence of fuel releases and the small amounts of fuel involved do not currently create a major environmental impact and the proposed Regulations are unlikely to have a measurable impact on air quality or other environmental indicators. However, the release of fuel from aircraft over metropolitan areas is an issue of serious public concern and potentially a significant environmental issue. The proposed Regulations would encourage aircraft operators to ensure that aircraft do not unintentionally release fuel. or where fuel dumping is necessary for operational reasons it is undertaken in an environmentally responsible and safe manner. The Regulations provide additional environmental protection and provide the community with certainty that the Government can act against operators who place the environment at risk in through inadequate maintenance or inappropriate fuel release.
Regulatory Impact Statement
Restrictions on competition
The proposed Regulations would not restrict competition. The proposed regulation will aid competition by helping to ensure operators reducing expenditure on maintenance do not distort the market.
Effects on small business
The proposed Regulation will have no impact on small business. Maintenance to ensure a functioning fuel vent valve system should already be part of an aircraft's ongoing maintenance procedures and would therefore not result in additional costs to aircraft operators or consumers.
Effects on trade
The proposed Regulation is expected to have no impact on trade.
CONSULTATION
Consultation was undertaken with key stakeholders involved with the aviation industry and aviation regulatory bodies. Stakeholder representatives were identified as:
* The Board of Airline Representatives in Australia (BARA), representing all airlines operating in Australia;
* The Australian Air Transport Association (AATA), representing the Australian airline operators;
* Airservices Australia, which provides Air Traffic Management Services for Australia and is currently the major aviation environmental regulator; and
* The Civil Aviation Safety Authority (CASA), the Australia's aviation safety regulatory body.
As the regulations are aimed specifically at aviation operators and would have no negative impact on the wider community, broader public consultation was not undertaken.
Regulatory Impact Statement
CONCLUSION AND RECOMMENDED OPTION
Recommendation: The recommended option is for Regulations to be introduced under the Air Navigation Act 1920.
Preventing unintentional fuel discharge from heavy jet aircraft is generally a matter of adequately maintaining an aircraft's fuel system. For the majority of operators using Australian airspace this is part of the regular maintenance systems developed to keep an aircraft operating safely and efficiently. In the few cases that operators are lax in fulfilling their responsibilities the proposed Regulations form a valuable tool to protect the Australian public and environment and take action against aircraft operators who may potentially damage the environment through discharging fuel.
IMPLEMENTATION AND REVIEW
Implementation
It is intended that the Secretary of the Department of Transport and Regional Services would delegate to officers in that Department:
- the power to order an inspection (Regulation 8);
- the serving or removal of a Grounding Notice (Regulations 9 and 12);
- the power to authorise a flight while an aircraft is under a Grounding Notice
(Regulation 15);
- the power to issue or remove Infringement Notices (Regulation s 19 and 25);
- and the power to extend the time to pay an Infringement Notice (Regulation
23).
Officers in the Department would oversee the administration of the Regulations.
The power of inspection (Regulation 8) may be delegated to an employee of the Civil Aviation Safety Authority, to take advantage of the specific technical expertise of that organisation. It is expected that Airservices Australia would continue to report incidents of fuel release identified by the control tower or reported to Air Traffic Services.
Sunset Clause
There is no sunset clause included in these Regulations. The proposed Draft Regulations are attached. In the advent of a significant change in aviation technology the Regulations would be considered in future reviews of Aviation Regulations.
On-going consultation
As the Regulations will not have a significant impact on the aviation industry there is no requirement for ongoing consultation.
Regulatory Impact Statement
Regular review
There is no requirement for regular review of the Regulations, however should future fuel release events occur the effectiveness of the proposed Regulations would be reviewed at that time as appropriate.
Public reporting
As unintentional fuel release is a rare event there is no specific plan or requirement in the proposed Regulations for public reporting of events covered by the Draft Regulations.