{"id":"F2024L01570","name":"CASA EX88/24 — Flight in Class D Airspace near Hobart Aerodrome Instrument 2024","slug":"casa-ex88-24-flight-in-class-d-airspace-near-hobart-aerodrome-instrument-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105518,"registerId":"commonwealth-F2024L01570-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA EX88/24 — Flight in Class D Airspace near Hobart Aerodrome Instrument 2024","content":"Instrument number CASA EX88/24\n\nI, 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.\n\n\\[Signed D.B. O’Hagan\\]\n\nDanny O’Hagan  \nSection Manager Drafting  \nLegal, International & Regulatory Affairs Division\n\n3 December 2024\n\nCASA EX88/24 — Flight in Class D Airspace near Hobart Aerodrome Instrument 2024\n\n1 Name\n\nThis instrument is CASA EX88/24 — Flight in Class D Airspace near Hobart Aerodrome Instrument 2024.\n\n2 Duration\n\nThis instrument:\n\n(a) commences on the day after it is registered; and\n\n(b) is repealed at the end of 31 October 2027.\n\n> 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.\n\n3 Definitions\n\n> 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.\n\nIn this instrument:\n\n> AA means Airservices Australia, ARN 202210, in its capacity as the ATS provider at Hobart aerodrome (YMHB).\n\n> duty pilot means the member of the THPA responsible for overseeing and facilitating hang gliding and paragliding operations at the Single Hill site.\n\n> exempt operation means an operation covered by the exemption in section 5.\n\n> SAFA means Sports Aviation Federation of Australia Limited, ARN 217853.\n\n> 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.\n\n> THPA means Tasmanian Hang Gliding and Paragliding Association Inc.\n\n4 Application\n\nThis instrument applies to a pilot conducting a hang glider or paraglider operation at the Single Hill site if:\n\n(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\n\n(b) the pilot is:\n\n(i) a member of the THPA; or\n\n(ii) a guest of the THPA and is a financial member of SAFA; and\n\n(c) before commencing the operation — the pilot has confirmed with the duty pilot that the operation has been cleared by AA.\n\n> Note The written agreement in effect at the commencement of this instrument is the Letter of Agreement dated 10 August 2022.\n\n5 Exemption\n\nThe 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.\n\n6 Conditions\n\nThe exemption is subject to the following conditions:\n\n(a) the pilot must conduct an exempt operation within the Single Hill site;\n\n(b) the pilot must not conduct the exempt operation higher than 1 000 ft above mean sea level;\n\n(c) the pilot must carry a serviceable UHF radio;\n\n(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:\n\n(i) is mentioned in paragraph 4(a); and\n\n(ii) relates to the conduct of an exempt operation.\n\n> 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.\n\n7 Directions — THPA duty pilot\n\n(1) The duty pilot must ensure that AA has given air traffic control clearance that covers each exempt operation.\n\n(2) The duty pilot must notify AA promptly when the exempt operations have finished for a day, or a part of a day.\n\n8 Direction — THPA\n\nThe 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.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument creates a narrow, temporary exemption to one sub‑paragraph of Civil Aviation Order 95.8 for specific pilots operating from the Single Hill site and does not expand or reclassify broader regulatory responsibilities beyond its stated conditions and parties (ss5–6). It relies on an existing Letter of Agreement and requires continued ATC clearances and organisational duties, preserving the underlying CAO framework (ss4,6,7,8, note)."},"complexity_factors":["Conditional exemption that modifies one specific CAO requirement rather than creating a general rule (s5).","Multiple parties with distinct roles and obligations: CASA (maker), Airservices Australia as ATS provider (AA) (defs; ss3,7), THPA (applicant/operator) (ss3,4,7,8), and SAFA (membership condition) (s3,4).","Operational conditions on exemptions that impose pilot-level compliance burdens: location restriction (Single Hill), altitude cap (1,000 ft AMSL), carriage of serviceable UHF radio, and need for ATC clearance (s4,6,7).","Reliance on an external written agreement between THPA and AA which may change over time and is incorporated by reference (s4,6,6(d), note).","Delegated administrative duties placed on THPA and its duty pilot to obtain ATC clearances, notify AA when operations finish, and supply CASA with the agreement (ss7–8), creating ongoing coordination costs.","Time-limited instrument with a fixed repeal date (commencement + repeal 31 Oct 2027), requiring renewal or reversion of regulatory status (s2)."],"plain_english_summary":"This instrument creates a temporary, limited exemption allowing hang glider and paraglider pilots based at the Single Hill site to operate inside Class D airspace within 10 nautical miles of Hobart aerodrome, subject to conditions. It applies only to THPA members or SAFA‑qualified guests and requires ATC clearance, operational controls and an existing written agreement between the THPA and Airservices Australia. It matters because it shifts some operational approval and compliance duties from blanket regulation to a managed, agreement‑based process."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument maintains its original narrow scope. It was clearly designed to formalise a specific local arrangement between a recreational flying association and air traffic control at one aerodrome. The scope has not expanded beyond the Single Hill site and the specific class of aircraft (hang gliders/paragliders) originally intended."},"complexity_factors":["Short, single-purpose instrument (8 sections, ~500 words)","Only 6 defined terms, all straightforward operational labels (AA, duty pilot, SAFA, etc.)","Single exemption from one specific sub-subparagraph of a Civil Aviation Order","Clear conditional structure: exemption in section 5, conditions in section 6, directions in sections 7-8","No nested exceptions or complex cross-referencing beyond the basic CASR and CAO citations","Geographic boundary definition is simple (line north-south, road, coastline)","Temporal limitation clearly stated (expires 31 October 2027)"],"plain_english_summary":"This instrument grants a limited, temporary exemption allowing hang glider and paraglider pilots from the Single Hill site to operate in Hobart’s controlled (Class D) airspace under strict conditions. It formalises the THPA–Airservices arrangement, requiring site limits, altitude and equipment restrictions, and Airservices clearance.\n\nIt affects Single Hill pilots, the THPA and Airservices, and preserves recreational flying while maintaining airport safety until October 2027."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/casa-ex88-24-flight-in-class-d-airspace-near-hobart-aerodrome-instrument-2024","history":"/api/acts/casa-ex88-24-flight-in-class-d-airspace-near-hobart-aerodrome-instrument-2024/history","analysis":"/api/acts/casa-ex88-24-flight-in-class-d-airspace-near-hobart-aerodrome-instrument-2024/analysis","conflicts":"/api/acts/casa-ex88-24-flight-in-class-d-airspace-near-hobart-aerodrome-instrument-2024/conflicts","importantCases":"/api/acts/casa-ex88-24-flight-in-class-d-airspace-near-hobart-aerodrome-instrument-2024/important-cases","documents":"/api/acts/casa-ex88-24-flight-in-class-d-airspace-near-hobart-aerodrome-instrument-2024/documents"}}