CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.185 Exemptions in exceptional circumstances

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.185

  (1)   For subsection   98(5A) of the Act, in exceptional circumstances CASA may, by instrument, grant an exemption under this Division from compliance with:

  (a)   a provision of these Regulations; or

  (b)   a provision of a Civil Aviation Order;

in relation to a matter mentioned in that subsection.

  (2)   In subregulation   (1):

"exceptional circumstances" means the circumstances of a major natural disaster, some other large - scale emergency, or an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020 ) relates, that requires the use of air transport, or some other aviation activity, in a way that is not reasonably possible in compliance with these Regulations.

Example:   Following the destruction of Darwin by Cyclone Tracy, airliners were permitted to operate when severely overloaded to allow evacuation of the city as rapidly as possible.

  (3)   To avoid doubt, it is not necessary for subregulation   (1) that a state of emergency or natural disaster need have been declared.

  (4)   CASA may grant an exemption under this Division to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

  (5)   CASA may grant an exemption under this Division either on application or on its own initiative.

Note 1:   For the application of the Legislation Act 2003 to an instrument granting an exemption under this Division, see subsections   98(5AA), (5AB), (5B) and (5BA) of the Act.

Note 2:   For review of a decision refusing to grant an exemption under this Division, see regulation   201.004.