Instrument number CASA EX88/24

I, daniel bernard o’hagan, Section Manager Drafting, Legal, International & Regulatory Affairs Division, a delegate of CASA, make this instrument under subregulations 11.160(1), 11.205(1) and 11.245(1) of the Civil Aviation Safety Regulations 1998.

[Signed D.B. O’Hagan]

Danny O’Hagan
Section Manager Drafting
Legal, International & Regulatory Affairs Division

3 December 2024

CASA EX88/24 — Flight in Class D Airspace near Hobart Aerodrome Instrument 2024

1 Name

  This instrument is CASA EX88/24 — Flight in Class D Airspace near Hobart Aerodrome Instrument 2024.

2 Duration

  This instrument:

(a) commences on the day after it is registered; and

(b) is repealed at the end of 31 October 2027.

Note   For regulation 11.250 of CASR, the directions in sections 7 and 8 cease to be in force at the end of 31 October 2027.

3 Definitions

Note   In this instrument, certain terms and expressions have the same meaning as they have in CASR. These include ATS provider, hang glider and paraglider.

  In this instrument:

AA means Airservices Australia, ARN 202210, in its capacity as the ATS provider at Hobart aerodrome (YMHB).

duty pilot means the member of the THPA responsible for overseeing and facilitating hang gliding and paragliding operations at the Single Hill site.

exempt operation means an operation covered by the exemption in section 5.

SAFA means Sports Aviation Federation of Australia Limited, ARN 217853.

Single Hill site means the area within the following boundaries: the line drawn north-south through the top of Single Hill, northwards to Seven Mile Beach Road and eastwards, following the coastline 100 metres offshore, to a point abeam of the northern end of Lauderdale township.

THPA means Tasmanian Hang Gliding and Paragliding Association Inc.

4 Application

  This instrument applies to a pilot conducting a hang glider or paraglider operation at the Single Hill site if:

(a) a written agreement is in effect between the THPA and AA relating to the conduct of hang glider or paraglider operations from the Single Hill site; and

(b) the pilot is:

 (i) a member of the THPA; or

 (ii) a guest of the THPA and is a financial member of SAFA; and

(c) before commencing the operation — the pilot has confirmed with the duty pilot that the operation has been cleared by AA.

Note   The written agreement in effect at the commencement of this instrument is the Letter of Agreement dated 10 August 2022.

5 Exemption

  The pilot of a hang glider or paraglider who is operating the hang glider or paraglider in Class D airspace and within 10 nautical miles of Hobart aerodrome is exempt from compliance with the requirements of sub-subparagraph 10.1(k)(ii) of Civil Aviation Order 95.8.

6 Conditions

  The exemption is subject to the following conditions:

(a) the pilot must conduct an exempt operation within the Single Hill site;

(b) the pilot must not conduct the exempt operation higher than 1 000 ft above mean sea level;

(c) the pilot must carry a serviceable UHF radio;

(d) the pilot must be informed of, and comply with, any conditions set out in the written agreement between the THPA and AA, as in force from time to time, that:

 (i) is mentioned in paragraph 4(a); and

 (ii) relates to the conduct of an exempt operation.

Note   Civil Aviation Order 95.8 contains various conditions for operating hang gliders and paragliders. These include requirements to fly only in VMC, to comply with the SAFA operations manual and to comply with rules or directions made by SAFA.

7 Directions — THPA duty pilot

 (1) The duty pilot must ensure that AA has given air traffic control clearance that covers each exempt operation.

 (2) The duty pilot must notify AA promptly when the exempt operations have finished for a day, or a part of a day.

8 Direction — THPA

  The THPA must ensure that CASA has a copy of the written agreement mentioned in paragraph 4(a) that is in effect in relation to an exempt operation.