CASA EX56/14 - Exemption - temporary relief from requirement to carry serviceable ADS-B transmitting equipment when operating in defined exempted airspace

Link to law: https://www.comlaw.gov.au/Details/F2014L00922

Instrument number CASA EX56/14
I, JOHN FRANCIS McCORMICK, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 and subsection 33 (3) of the Acts Interpretation Act 1901.
[Signed John F. McCormick]
John F. McCormick
Director of Aviation Safety
30 June 2014
Exemption — temporary relief from requirement to carry serviceable ADS‑B transmitting equipment when operating in defined exempted airspace
1          Duration
                 This instrument:
(a)    commences on 1 July 2014; and
(b)    expires at the end of 11 December 2015, as if it had been repealed by another instrument.
2          Repeal
                 CASA instrument EX113/13 is repealed.
3          Definitions
                 In this instrument:
                 ADS-B means automatic dependent surveillance – broadcast.
                 AOC means air operator’s certificate.
                 ATS Route, followed by a letter and numbers, means a flight path labelled with the letter and numbers whose way points are set out for the Route in the DAH that is in effect from time to time.
Note   For example “ATS Route B598”, which is comprised of several waypoints.
                 Australian‑administered airspace means:
(a)   the airspace over Australian territory; and
(b)   airspace that has been allocated to Australia by ICAO under the Chicago Convention and for which Australia has accepted responsibility.
                 DAH means the Designated Airspace Handbook published twice-yearly by Airservices Australia.
                 exempted airspace means the Australian-administered airspace, at or above FL 290, described in paragraphs (a), (b) and (c), but EXCLUDING the airspace, at or above FL 290, described in paragraph (d):
(a)   airspace within the area of Australian east coast SSR coverage, whose lateral limits are set out in Schedule 1; and
Note   For general guidance only, the east coast SSR area is depicted in the J-curve shape coloured blue in Attachment 1 to Schedule 1, and known as the ADS-B Mandate Radar Coverage Map.
(b)   airspace beyond the limits of the territorial sea; and
(c)   airspace over an external territory or Lord Howe Island, or over the territorial sea of an external territory or Lord Howe Island; and
(d)   airspace that is the following:
Note   For general guidance only, EXCLUDED areas and exempted areas are depicted on the map in Attachment 2 to Schedule 1. Thus, the pink continental and pink sea areas are excluded from the scope of the exemption. The turquoise J-curve area, and the green oceanic area are within the scope of the exemption. (The light blue archipelago areas are outside Australian Administered Airspace.)
             (i)  airspace inside the territory of Australia and within its territorial sea, other than the airspace mentioned in paragraph (a);
            (ii)  the airspace:
(A)    of ATS Route B598; and
(B)    over the sea and any islands lying south of ATS Route B598;
Note    For general guidance only, this excluded area is part of the area known geographically as the Gulf of Carpentaria.
           (iii)  the airspace:
(A)    of ATS Route H20; and
(B)    over the sea and any islands lying between ATS Route H20 and the eastern boundary of the Australian east coast SSR coverage area;
Note    For general guidance only, this excluded area is part of the area known geographically as Bass Strait.
           (iv)  the airspace:
(A)    of ATS Route L513 west of waypoint HB (part ATS Route L513); and
(B)    over the sea and any islands lying north of part ATS Route L513;
Note    For general guidance only, this excluded area is part of the area known geographically as the Great Australian Bight.
            (v)  the airspace:
(A)    of ATS Route Q27; and
(B)    over the sea and any islands lying north of ATS Route Q27.
Note    For general guidance only, this excluded area is part of the area known geographically as the Great Australian Bight.
                 exempted operation means one or more aircraft operations of which CASA has been notified in writing by the operator, before the operation commences, of the following:
(a)   the operator’s intention to operate aircraft in exempted airspace during the exemption period;
(b)   the type, model, and nationality and registration marks of each aircraft which will operate in exempted airspace during the exemption period.
                 exemption period means the period that:
(a)   commences at the start of 1 July 2014; and
(b)   expires at the end of 11 December 2015.
                 FL means flight level.
                 requirement to carry serviceable ADS-B transmitting equipment means the requirement under whichever of the following applies to the aircraft of an aircraft operator:
(a)   paragraph 9B.8 of Civil Aviation Order 20.18 — Aircraft equipment – basic operational requirements, for all Australian registered aircraft;
(b)   clause 7 in Appendix 3 of Civil Aviation Order 82.1 — Conditions on Air Operators’ Certificates authorising charter operations and aerial work operations, for the aircraft of an operator who holds a foreign registered aircraft AOC issued by CASA for charter operations or aerial work operations;
(c)   clause 7 in Appendix 6 of Civil Aviation Order 82.3 — Conditions on Air Operators’ Certificates authorising regular public transport operations in other that high capacity aircraft, for the aircraft of an operator who holds a foreign registered aircraft AOC issued by CASA for regular public transport operations in other that high capacity aircraft;
(d)   clause 7 in Appendix 4 of Civil Aviation Order 82.5 — Conditions on Air Operators’ Certificates authorising regular public transport operations in high capacity aircraft, for the aircraft of an operator who holds a foreign registered aircraft AOC issued by CASA for regular public transport operations in high capacity aircraft;
(e)   a direction under regulation 209 of the Civil Aviation Regulations 1988 — only to the extent of the direction in clause 7 in Schedule 1 of CASA instrument 61/14: Direction — use of ADS-B in foreign registered aircraft engaged in private operations for flying into or out of Australian territory, or operating in Australian territory, for private operations of a foreign registered aircraft.
                 SSR means secondary surveillance radar.
                 territorial sea has the same meaning as in the Acts Interpretation Act 1901.
Note   The Acts Interpretation Act 1901 adopts the definition in the Seas and Submerged Lands Act 1973 which is based on the definition in Articles 3 and 4 of the United Nations Convention on the Law of the Sea. For general guidance only, the territorial sea extends for 12 nautical miles from the officially recognised coastal low-water line.
                 waypoint means a specified geographical location used in an ATS Route to define the flight path of an aircraft using area navigation.
3          Application
                 This instrument applies to the operator of an aircraft operated in exempted airspace which, but for this exemption, would be required to carry ADS-B transmitting equipment.
4          Exemption
                 With effect on and from 1 July 2014, I exempt the operator of an aircraft from the requirement to carry serviceable ADS-B transmitting equipment for an exempted operation in exempted airspace.
Note   The maps of exempted airspace in Attachments 1 and 2 in Schedule 1 are merely to provide a general pictorial indication of exempted airspace (and non-exempted airspace).
5          Conditions
                 The exemption in subsection 4.1 is subject to the following conditions:
(a)   the exempted operations must be confined to exempted airspace;
(b)   the flight plan for each exempted operation must include the following details at item 18 of the plan: RMK/ADSB EXEMPT.
Note   This exemption does not mean that appropriate air traffic control (ATC) clearance is automatic or guaranteed. ATC makes clearance decisions subject to prevailing air traffic and operational conditions at the time of the flight.
Schedule 1          East coast secondary surveillance radar coverage area
LATERAL LIMITS: 37 49 33S 136 26 05E,
then along the major arc of a circle of 200.0NM radius centred on
34 56 49S 138 31 28E (AD/DME) to 32 01 59S 140 28 20E
33 48 37S 144 31 36E, 31 56 12S 147 44 07E
27 58 27S 149 04 03E, 18 35 49S 142 45 54E,
then along the minor arc of a circle of 200.0NM radius centred on
16 51 01S 145 44 38E (CS/DME) to 15 03 37S 148 40 04E
25 25 47S 156 09 57E,
then along the minor arc of a circle of 200.0NM radius centred on
27 21 57S 153 08 21E (BN/DME) to 28 07 25S 156 47 55E
34 44 32S 155 05 22E,
then along the minor arc of a circle of 200.0NM radius centred on
33 56 34S 151 10 51E (SY/DME) to 36 33 48S 153 42 11E
40 20 43S 147 22 52E, 40 39 27S 147 11 54E
42 45 31S 147 57 48E,
then along the minor arc of a circle of 20.0NM radius centred on
42 50 50S 147 31 36E (HB/DME) to 43 00 15S 147 07 35E
40 55 56S 145 40 52E,
then along the minor arc of a circle of 200.0NM radius centred on
37 39 36S 144 50 31E (ML/DME) to 40 38 32S 142 55 11E
37 49 33S 136 26 05E.
Attachment 1 to Schedule 1        ADS-B Mandate Radar Coverage Map
 
 
Attachment 2 to Schedule 1        Exempted areas (turquoise J curve and green); and non-exempted areas (both lighter and darker pink)
 
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