Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION AMENDMENT REGULATIONS 2002 (NO. 1) 2002 NO. 79

Statutory Rules 2002 No. 79

Issued by the authority of the Minister for Transport and Regional Services

Civil Aviation Act 1988

Civil Aviation Amendment Regulations 2002 (No. 1)

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act including in relation to the safety of air navigation.

Subsection 9 (1) of the Act provides that the Civil Aviation Safety Authority (CASA) has the function of conducting the safety regulation of civil air operations by means that include developing and promulgating appropriate, clear and concise aviation safety standards and issuing certificates, licences, registrations and permits.

Civil Aviation Regulation Part 101 entitled Unmanned Aircraft and Rockets, provides for the operation of unmanned balloons (both tethered and free), model aircraft, rockets, a new class of aircraft termed Unmanned Aerial Vehicles (UAVs), and firework displays. Part 101 was incorporated in the Civil Aviation Regulations 1998 (CAR 1998) by Civil Aviation Amendment Regulations 2001 (No. 4). Part 101 will take effect from 1 July 2002.

Schedule 2 of Civil Aviation Amendment Regulations 2001 (No.4) removed regulation 259 - Free balloons and regulation 260 - Fixed balloons and kites from Civil Aviation Regulations 1998 (CAR 1988). These particular regulations referred to the operation of all classes of free balloons, fixed balloons and kites. The removal of these regulations inadvertently removed the legislative empowerment for a number of Civil Aviation Orders governing the operation of manned tethered balloons and free balloons.

The Regulation addresses the inadvertent omission of the regulation 259 and regulation 260 from CAR 1988 by reinstating the regulations together with a statement in each regulation to the effect that they do not apply to unmanned fixed or free balloons or kites to which Part 101 of CAR 1998 applies.

The Office of regulation review have advised the consequential amendment to CAR 1988 is of a minor or machinery change in nature which does not trigger the Regulation Impact Statement requirements.

Details of the amending Regulations are set out in the Attachment.

The Regulations commenced on gazettal.

ATTACHMENT

Civil Aviation Amendment Regulations 2002 (No. 1)

DETAILS OF THE AMENDING REGULATIONS

REGULATION 1 - Name of Regulations

Regulation 1 names the amending regulations as the Civil Aviation Amendment Regulations 2002 (No. 1).

REGULATION 2 - Commencement

Regulation 2 provides that the regulations commence on gazettal.

REGULATION 3 - Amendment of Civil Aviation Amendment Regulations 2001 (No. 4)

Regulation 3 provides that Schedule 1 amends the Civil Aviation Amendment Regulations 2001 (No. 4).

Schedule 1 -        Amendments of Civil Aviation Amendment Regulations 2001 (No. 4)

ITEM 1 - Subregulation 4 (1)

Item 1 amends subregulation 4 (1) of Civil Aviation Amendment Regulations 2001 (No. 4) to reinstate the transitional requirements for regulation 259 and regulation 260 which were inadvertently omitted and to state that the transitional provisions referred to relate only to authorisations or permissions given for the operation of unmanned free or fixed balloons or kites.

ITEM 2 - Schedule 2, item [7]

Item 2 amends Schedule 2, item [7] of Civil Aviation Amendment Regulations 2001 (No. 4) by reversing the removal of regulations 259 and 260 from CAR 1988 and also makes reference to the fact that they do not apply to unmanned free or fixed balloons or kites to which Part 101 of CAR 1998 apply.