Instrument number CASA EX56/24

I, MICHELLE ANNE MASSEY, Acting Executive Manager, Stakeholder Engagement, 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. Massey]

Michelle Massey
Acting Executive Manager, Stakeholder Engagement

26 September 2024

CASA EX56/24 — Canungra Spandicup Paragliding Instrument 2024

1 Name

  This instrument is CASA EX56/24 Canungra Spandicup Paragliding Instrument 2024.

2 Duration

  This instrument:

(a) commences on 29 September 2024; and

(b) is repealed at the end of 6 January 2025.

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 6 October 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: 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 “Canungra Spandicup 2024”, conducted at Canungra, Queensland, during the event period.

event area means the area in proximity of Canungra, Queensland that is within the following limits:

(a)              lateral limits — within the area bounded by straight lines with the following coordinates:

 (i) 275215S 1524613E;

 (ii) 275221S 1530848E;

 (iii) 275551S 1531257E;

 (iv) 280115S 1531016E;

 (v) 280504S 1531016E;

 (vi) 280504S 1531700E;

 (vii) 283546S 1531528E;

 (viii) 283855S 1525950E;

 (ix) 282418S 1521828E;

 (x) 275215S 1524613E;

(b)              vertical limits — extending from ground level within the lateral limits to 8 500 feet above mean sea level, excluding coincident portions of controlled airspace.

event period means the period commencing at the start of 29 September 2024 and ceasing at the end of 6 October 2024.

Note   The effect of subparagraph 10.1(b) of CAO 95.8 is that a paraglider employed in private operations may only be flown during daylight hours.

in the vicinity of has the same meaning as in regulation 91.360 of CASR.

relevant qualification means:

(a)              a PG3 Pilot Certificate (as defined by paragraph 3.13.3.1 of the SAFA Qualifications Manual); 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, the qualifications 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”, V2.0, dated 29 May 2024.

SAFA Qualifications Manual means the document titled “SAFA Qualifications Manual”, V2.0, dated 26 June 2024.

4 Direction

  SAFA must comply with the directions 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 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 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 Qualifications Manual, as it exists 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) Alex Bryse;

(b) Gavin Zahner.

Schedule 1 Directions

 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 event area;

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

(c) 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) Alex Bryse;

 (ii) Gavin Zahner; and

(d) 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

(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 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(b), an effective ground communications system must be:

(a) supported by available backup 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 handheld 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;

(c) operating area of paragliders participating in the event.

 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 setup and the frequencies in use;

(b) review and explanation of the NOTAM published for that day in relation to the event;

(c) review and explanation of the event area limits and the requirement to operate within the 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 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; 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, 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.