CASA EX72/25 — Flight in Class D Airspace near Sunshine Coast Aerodrome (Sunshine Coast Free Flyers Association Inc.) Instrument 2025

Exempt operation is the central concept. It means an unpowered hang glider or paraglider operation conducted wholly within Class D airspace at the Point Cartwright site, covered by a Letter of Agreement that is in effect, and where the pilot in command is a member of the Association and a financial member of SAFA. The exemption attaches only to operations meeting all three elements. If any element is missing, the operation is not exempt and must comply with the full requirements of CAO 95.8, including the radio carriage and airspace restrictions.

Point Cartwright site is defined by a precise ten‑point polygon with coordinates that run from the offshore north‑east area, inland across the hill, down through the pines, and back along the shore. The vertical limit is surface to 300 feet above mean sea level. The polygon appears to trace the hilltop launch area and the landing zone along the coastal strip. The coordinates are given in degrees, minutes and seconds with decimal fractions, and the lateral boundaries are clearly fixed. Flying even slightly outside this polygon would mean the operation is no longer exempt, and the pilot would be in Class D airspace without an exemption from the radio requirements.

Letter of Agreement means the document referred to in paragraph 4(1)(a), as it exists from time to time. The instrument’s note identifies the initial LOA: document number 3581, dated 5 June 2025, agreed to on 25 May 2025. The LOA is a separate instrument between the Association and Airservices Australia. Its content is not reproduced in the exemption, but the exemption requires that it be in effect before any exempt operation can take place. The LOA can be replaced, amended or withdrawn, but only with CASA’s written acceptance (section 7(3)). This gives CASA effective control over the operating agreement even though CASA is not a party to it.

Duty pilot means the member of the Association appointed by the Association to be responsible for overseeing and facilitating unpowered hang gliding and paragliding operations at the Point Cartwright site on a particular day. The duty pilot has specific directions under section 6: they must ensure no more than three relevant aircraft are airborne in an exempt operation at any one time; ensure a tower contact officer is present and has provided their mobile phone number to the tower; confirm with the tower contact officer that air traffic control clearance has been given; and report any incident or accident to CASA as soon as possible. The duty pilot is not necessarily airborne and is not required to be a pilot themselves, but they must be trained and authorised by the Association.

Tower contact officer means a member of the Association appointed to be the ground‑based person available to be contacted by the Sunshine Coast aerodrome control tower in relation to hang gliding and paragliding operations at the Point Cartwright site on a particular day or part of a day. The tower contact officer must be present at the site whenever an exempt operation is being conducted, must provide their mobile phone number to the tower, must remain contactable, and must maintain two‑way UHF communication with any airborne exempt‑operation aircraft. They also must use their best endeavours to keep the number of airborne aircraft to three or fewer, and they must comply with the LOA and the Association’s procedures for a tower contact officer (the document titled Sunshine Coast Free Flyers Carties Briefing Version 4 dated 5 June 2025, as it exists from time to time).

SAFA is the Sports Aviation Federation of Australia Limited, ARN 217853. A pilot must be a financial member of SAFA for the exemption to apply. SAFA is the national sporting body for hang gliding and paragliding in Australia. The requirement ensures that pilots are affiliated with the recognised sport aviation organisation and are likely covered by SAFA’s membership scheme and insurance arrangements.

Class D airspace is a class of controlled airspace typically established around aerodromes with an operating control tower. In Class D, aircraft must maintain two‑way radio communication with air traffic control and obtain a clearance before entering. Unpowered aircraft without radios would normally be unable to operate legally in Class D. The exemption creates a limited exception by substituting a ground‑based tower contact officer and UHF radio link for the usual aircraft‑based radio communication.

The primary affected group is the pilots who are members of the Sunshine Coast Free Flyers Association Inc. and financial members of SAFA and who wish to launch unpowered hang gliders or paragliders from the Point Cartwright site into Class D airspace. For those pilots, the exemption removes the obligation to fit and use two‑way aviation band radiocommunications equipment capable of communicating directly with air traffic control. Instead, they must carry a serviceable UHF radio and remain in communication with a ground‑based tower contact officer and the duty pilot. This is a lighter operational burden in terms of equipment cost and pilot radio proficiency, but it adds procedural steps: they must confirm clearance through two intermediaries before launching, and they must accept a strict altitude limit of 300 feet AMSL.

The Association itself is significantly affected. It must appoint and train duty pilots and tower contact officers. It must ensure that those appointees have completed training and been formally authorised before acting. It must maintain a Letter of Agreement with Airservices Australia and provide a copy to CASA. It must not replace, amend or withdraw the LOA unless CASA has notified in writing that it considers the change acceptable. The same veto applies to amendments to the Point Cartwright Risk Assessment. The Association therefore loses unilateral control over its operating documents and must manage a continuing relationship with both Airservices Australia and CASA. Non‑compliance could result in the exemption becoming unavailable to its members.

The duty pilots and tower contact officers are individual members who take on specific responsibilities. The duty pilot must enforce the three‑aircraft limit, ensure the tower contact officer is present and contactable, confirm clearances, and report incidents and accidents. The tower contact officer must be present at the site throughout operations, maintain phone contact with the tower, operate a UHF radio with airborne aircraft, and use best endeavours to keep the number of airborne aircraft within the limit. These are real time commitments that may affect the availability of volunteers to fill these roles on any given flying day.

Airservices Australia, as the ATS provider at Sunshine Coast aerodrome, is affected by the exemption because it must enter into a Letter of Agreement with the Association. The LOA presumably sets out the procedural coordination between the tower and the tower contact officer. The tower must receive the mobile phone number of the tower contact officer, must clear each exempt operation, and must be notified when operations cease for the day. The tower also has the power to cancel clearance of all outstanding exempt operations, which would require all airborne aircraft to land and would terminate the day’s flying.

CASA is affected as the regulator that must receive copies of the LOA, must be notified of any proposed changes to the LOA or risk assessment, and must give written acceptance before those changes take effect. CASA also receives incident and accident reports from the duty pilot and may take enforcement action if conditions or directions are breached.

Indirectly, other airspace users near Sunshine Coast are affected. The exemption allows unpowered aircraft to operate in Class D airspace that they would otherwise be excluded from. This creates potential conflicts with other traffic, but the management structure through the tower and the LOA is intended to mitigate that risk. The three‑aircraft limit and the requirement for tower clearance are designed to keep the impact predictable and controlled.

The primary right created by the instrument is the exemption itself: the pilot in command of an unpowered hang glider or paraglider conducting an exempt operation is exempt from sub‑subparagraphs 10.1(k)(ii) and (iii), and subparagraph 10.2(b) of CAO 95.8. That is the core entitlement. Without this exemption, those provisions would require the aircraft to carry two‑way radiocommunications equipment capable of communicating with air traffic control, and would restrict operation within 10 nautical miles of a controlled aerodrome without such equipment. The exemption is a relaxation of those specific requirements, but it does not exempt the pilot from any other condition of CAO 95.8, including the requirements to fly in visual meteorological conditions and in accordance with visual flight rules, and only during daylight hours.

The pilot’s duties are set out in section 5. They must not commence an exempt operation unless they have confirmed with both the duty pilot and the tower contact officer that the operation has been cleared by the Sunshine Coast tower. They must not fly above 300 feet AMSL. They must comply with any condition in the Letter of Agreement in effect. They must not commence if three or more other exempt‑operation aircraft are airborne at the site. And they must carry and use a serviceable UHF radio and remain in two‑way communication with the tower contact officer and the duty pilot at any time they are conducting the exempt operation. These duties are conditions of the exemption; failure to comply means the exemption does not apply.

The duty pilot’s duties are in section 6. The duty pilot must ensure no more than three relevant aircraft are airborne in an exempt operation at any one time. They must ensure a tower contact officer for the day or part of a day is present at the site during operations, has provided their mobile phone number to the tower, and does not leave the site until either all operations have ceased and the tower has been informed, or the tower has cancelled clearance. The duty pilot must also confirm with the tower contact officer that AA has been given air traffic control clearance covering each exempt operation, and that when operations are complete, the tower contact officer has informed the tower. Finally, the duty pilot must report any incident or accident involving an exempt operation to CASA as soon as possible.

The Association’s duties are in section 7. The Association must ensure that any member appointed as duty pilot or tower contact officer is provided with sufficient training to comply with the conditions and directions, and has completed that training and been formally authorised before acting. The Association must also ensure that exempt operations are not conducted unless CASA has first been provided with a copy of the Letter of Agreement in effect. It must inform CASA immediately in writing if any LOA is proposed to be replaced, amended or withdrawn. It must not replace, amend or withdraw any LOA unless CASA has notified in writing that it considers the change acceptable. The same applies to amendments to the Point Cartwright Risk Assessment: the Association must provide any proposed amendment to CASA and must not make the amendment unless CASA has notified in writing that it is acceptable. These duties give CASA a gatekeeper role over changes to the safety documentation.

The tower contact officer’s duties are in section 8. They must provide their mobile phone number to the tower and be contactable at all times by mobile phone. They must be in two‑way UHF communication with any airborne exempt‑operation aircraft. They must be present at the site and remain there until operations cease and the tower is informed, or until clearance is cancelled. If they are the officer for only part of a day, they must complete a handover with the tower and the next officer, or the tower must have cancelled clearance for the rest of the day. They must use their best endeavours to ensure no more than three aircraft are airborne. They must comply with any condition in the LOA and all provisions in the Association’s procedures for a tower contact officer (the Carties Briefing document). The duty to use “best endeavours” is not an absolute guarantee of compliance but imposes a standard of reasonable effort.

The instrument itself does not create penalty provisions or specify fines for non‑compliance. It is made under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998. Those regulations contain the underlying enforcement framework. Regulation 11.250 provides that directions given under certain provisions cease to be in force when the instrument is repealed, as noted in the instrument. But breach of a condition or direction that is part of a CASA‑issued instrument may constitute a breach of the CASR and be subject to the penalties available under the Civil Aviation Act 1988 and the regulations.

If a pilot conducts an operation that purports to be an exempt operation but fails to comply with any condition in section 5, the exemption does not apply. That means the pilot is no longer exempt from sub‑subparagraphs 10.1(k)(ii) and (iii) and subparagraph 10.2(b) of CAO 95.8. Flying within 10 nautical miles of a controlled aerodrome without two‑way radio capable of communicating with air traffic control would then be a breach of CAO 95.8, which is itself a legislative instrument under the Act. The consequences could include infringement notices, enforceable undertakings, or court‑imposed penalties. The maximum penalty for a contravention of a civil aviation safety regulation can be significant, often up to 50 penalty units for an individual under the regulatory framework, but the specific amount depends on the particular regulation breached and whether the matter is dealt with as a civil penalty or an offence.

Similarly, the directions in sections 6, 7 and 8 are binding. If a duty pilot fails to ensure the three‑aircraft limit, or a tower contact officer leaves the site without proper handover, or the Association changes the LOA without CASA acceptance, those failures may give rise to enforcement action by CASA. The directions are not mere guidance; they are issued under the regulation‑making power and are part of the instrument. CASA could take administrative action such as varying or revoking the exemption for future operations, or could pursue enforcement against the individual or the Association.

The instrument requires the duty pilot to report incidents or accidents to CASA as soon as possible. Failure to report could itself be a breach of the instrument and potentially of other reporting obligations under the CASR. CASA can be contacted at sport@casa.gov.au for these reports. The instrument does not define incident or accident, so the definitions from the CASR or the Act would apply. This reporting requirement ensures CASA is aware of safety events and can reassess the exemption if needed.

The limitation period for enforcement is not specified in the instrument. General administrative law would apply. Because the exemption is time‑limited to 30 September 2028, any enforcement action would need to be taken before repeal of the instrument, although breaches that occurred while the exemption was in force could presumably still be pursued after repeal under the transitional provisions of the Act.

The instrument sits within the hierarchy of Australian aviation safety regulations. It is made under the Civil Aviation Safety Regulations 1998, specifically regulations 11.160 (exemptions), 11.205 (directions) and 11.245 (other powers). It overrides parts of Civil Aviation Order 95.8, which is a legislative instrument made under the Civil Aviation Regulations 1988 (now continued under CASR). CAO 95.8 regulates the operation of unpowered hang gliders and paragliders (called “relevant aircraft”). The instrument does not repeal or amend CAO 95.8; it merely exempts certain persons from specific provisions of that Order, and only when the conditions are satisfied. Pilots who do not meet the exemption conditions remain subject to the full force of CAO 95.8.

The instrument also interacts with the airspace regulatory framework. Class D airspace is established and described in the Airspace Regulations and the Aeronautical Information Publication. The exemption allows operations in that airspace without the usual two‑way radio requirement, but only within the defined Point Cartwright polygon and only up to 300 feet AMSL. Above 300 feet, or outside the polygon, the pilot would need to comply with the standard airspace entry requirements. The instrument does not alter the airspace classification; it only provides an exemption from specific equipment requirements for a limited geographical area.

The Letter of Agreement between the Association and Airservices Australia is a key instrument that operates alongside the CASA exemption. The LOA is a separate contractual or procedural arrangement that the exemption requires to be in effect. If the LOA is not in effect, the exemption cannot apply. The content of the LOA is not reproduced in the instrument, but it presumably sets out the communication and coordination procedures between the tower and the tower contact officer. The LOA can be replaced, amended or withdrawn, but only with CASA acceptance. This creates a three‑way relationship: the Association, Airservices Australia, and CASA. The LOA must be provided to CASA before operations can commence.

The instrument also incorporates by reference a document titled “Sunshine Coast Free Flyers Carties Briefing Version 4 dated 5 June 2025, as it exists from time to time”. This document is the Association’s procedures for a tower contact officer. The tower contact officer must comply with all provisions in that document that are in effect at the time of the operation. Because the document can change over time without CASA approval (unlike the LOA and the risk assessment), the Association has some flexibility to update procedures, but those changes will automatically become binding on tower contact officers. This dynamic incorporation means that a person reading the instrument alone will not know the full content of the tower contact officer’s duties without also accessing the Carties Briefing document.

The Point Cartwright Risk Assessment (SCFF Risk Assessment V2.2 dated 17 October 2024) is also referenced, but its content is not directly binding on pilots. Instead, the Association must not amend it without CASA acceptance. The risk assessment likely supports the safety case for the exemption. The instrument does not require pilots to read or comply with the risk assessment; it is a document that CASA relies on to approve the arrangement.

The instrument does not affect other laws such as the Civil Aviation Act 1988, the Air Navigation Act, or state and local laws regarding land use, trespass or liability. Pilots remain subject to those laws independently.

CASA EX72/25 is a new instrument made on 23 October 2025 and signed by Clarke McNamara, National Manager Sport Aviation Initiatives, as a delegate of CASA. It has not been amended since its making. The instrument has a fixed duration: it commences on the day after registration and is repealed at the end of 30 September 2028. That is a period of just under five years. The instrument is therefore not open to amendment in the usual legislative sense; any changes to the exemption would require a new instrument.

However, the instrument contemplates changes to the supporting documents that underpin it. The Letter of Agreement may be replaced, amended or withdrawn, but only with CASA’s written acceptance. The Point Cartwright Risk Assessment may be amended, but again only with CASA’s written acceptance. The Association’s procedures for a tower contact officer (the Carties Briefing) can be changed by the Association without CASA approval, and the instrument incorporates that document as it exists from time to time. So while the instrument itself is static, the operational framework can evolve through changes to the LOA, the risk assessment, and the Carties Briefing.

The instrument includes a note under section 2 that directions in sections 6, 7 and 8 cease to be in force when the instrument is repealed. That is a reminder that the directions are not ongoing obligations; they expire with the instrument. No savings or transitional provisions are included. When the instrument is repealed, the exemption and all associated directions will simply lapse. Pilots will then need to comply with CAO 95.8 in full unless a new exemption is made.

As at the date of the instrument (23 October 2025), there is no litigation history associated with CASA EX72/25. It is a new administrative instrument that has not been challenged or judicially considered. The instrument is a specific, time‑limited exemption granted to a single incorporated association for a defined location. Its narrow scope makes it an unlikely target for litigation, although it could theoretically be subject to judicial review under the Administrative Decisions (Judicial Review) Act 1977 if a person with standing sought to challenge the validity of the exemption or a particular decision under it.

Possible grounds for challenge could include that the delegate exceeded the power under the regulations, that the conditions are unreasonable, or that the instrument fails to adequately protect safety. However, no such challenges have been made. The existence of a Letter of Agreement with Airservices Australia and the requirement for CASA acceptance of changes to the LOA and risk assessment suggest that CASA has built in safeguards that would make a successful challenge difficult.

The instrument does not cite any court or tribunal decisions. It is a purely administrative instrument issued by a CASA delegate under delegated powers. Anyone affected by a decision under the instrument, such as a refusal by CASA to accept a proposed amendment to the LOA, could seek merits review in the Administrative Appeals Tribunal or judicial review in the Federal Court, depending on the nature of the decision. But no such cases are reported.

The exemption is fragile in that it depends on the continuous existence of the Letter of Agreement. If the LOA expires or is terminated, the exemption evaporates immediately. The Association cannot replace or amend the LOA without CASA’s written acceptance. If CASA withholds acceptance, the existing LOA remains in effect unless it has an expiry date; if it expires and no new LOA is approved, operations must cease. This gives CASA effective control over the continuity of the exemption without the formality of revoking the instrument itself.

The altitude limit of 300 feet AMSL is very low for hang gliding and paragliding. These aircraft typically need to gain altitude by finding thermals or ridge lift. At the Point Cartwright site, the terrain height is part of the coastal hill. The coordinates show the hill top and lower hill. The vertical limit is measured from mean sea level, not from the ground. Pilots must be aware of their altitude relative to sea level, not just ground level. If the hilltop is around 100-150 feet AMSL, pilots have only 150-200 feet of vertical room. Exceeding 300 feet AMSL would mean the operation is no longer exempt, and the pilot would be in Class D airspace without a radio.

The pilot’s condition in section 5(d) prohibits commencing an exempt operation if three or more other unpowered hang gliders or paragliders that are conducting an exempt operation are airborne. This is subtly different from the duty pilot’s direction to ensure no more than three aircraft are airborne in an exempt operation at any time. The pilot’s condition counts “other” aircraft, not including himself. So if two others are airborne, the pilot can launch, making a total of three. If three others are airborne, the pilot cannot launch. But the duty pilot must ensure no more than three total are airborne. This works consistently, but a pilot who sees two others airborne might assume they can launch, not realising that a third is about to launch from elsewhere. The duty pilot must coordinate this. The tower contact officer must also use best endeavours to keep the airborne count to three. The system relies on communication and discipline.

The tower contact officer must use a UHF radio to communicate with the airborne aircraft. The aircraft must also carry a serviceable UHF radio. This is a lighter requirement than aviation band radio, but it still requires the pilot to have the equipment, keep it charged, and use it properly. UHF radios used for general communications may not have the same reliability or range as aviation radios, and they are not designed for air‑to‑ground communication in a controlled airspace environment. The instrument does not specify frequency, power, or type of UHF radio. That is presumably left to the LOA or the Carties Briefing.

The Association’s procedures for a tower contact officer are incorporated as they exist from time to time. This means the Association can change those procedures without notifying CASA or the public. A pilot or tower contact officer who relies on a prior version of the Carties Briefing may be unaware of a new procedure that is binding. This creates a compliance risk. Anyone subject to the instrument should maintain current access to the latest version of the Carties Briefing.

The duty pilot must report incidents and accidents to CASA as soon as possible. The instrument does not define incident or accident, so the definitions in the CASR (regulation 2.01 or similar) would apply. A minor event that may not be reportable under the general reporting requirements could still need to be reported if it involves an exempt operation, because the instrument requires it. Failure to report could be a breach.

The exemption only applies to the pilot in command who is a member of the Association and a financial member of SAFA. If a pilot’s membership lapses, even temporarily, the exemption does not apply. The pilot must be a financial member at the time of the operation. The Association must keep membership records and remind pilots. A pilot who has paid SAFA fees but not yet been processed is not financial.

The lateral boundaries of the Point Cartwright site are defined by a polygon with ten points. The coordinates are given in degrees, minutes, seconds and decimal fractions. Pilots need to know the boundaries precisely. Flying even a few metres outside the polygon, especially along the offshore edge, would take the operation out of the exempt area and into Class D airspace without an exemption. GPS accuracy and pilot awareness are critical.

For a pilot intending to conduct an exempt operation, the steps are as follows. First, ensure current financial membership in both the Sunshine Coast Free Flyers Association Inc. and the Sports Aviation Federation of Australia Limited. Without both memberships in good standing at the moment of the operation, the exemption does not apply. Second, confirm that a Letter of Agreement between the Association and Airservices Australia is in effect. The instrument notes that a specific LOA (document 3581, dated 5 June 2025) is in effect at commencement, but this may change. The Association should be able to confirm the LOA status.

Third, before launching, contact the duty pilot for the day and the tower contact officer for the day to confirm that air traffic control clearance has been obtained from the Sunshine Coast aerodrome tower. This clearance must cover the specific operation. Do not launch until clearance is confirmed. Fourth, check that no more than three other exempt‑operation aircraft are already airborne at the Point Cartwright site. If three or more are airborne, do not launch. If fewer than three, launching is permitted, but be aware that the duty pilot must ensure total airborne does not exceed three.

Fifth, carry a serviceable UHF radio tuned to the appropriate frequency (as set out in the LOA or Association procedures). Maintain two‑way communication with the tower contact officer (ground) and the duty pilot throughout the flight. The tower contact officer will be using UHF to communicate with airborne aircraft. Sixth, stay within the defined Point Cartwright site polygon at all times. Know the lateral limits, especially the offshore boundary and the southern extent. Seventh, do not exceed 300 feet above mean sea level. Use an altimeter or GPS altitude readout.

Eighth, comply with any condition set out in the Letter of Agreement. The LOA may contain additional operational restrictions or procedures not reproduced in the exemption. Ninth, comply with the continuing requirements of CAO 95.8 that are not exempted, including flying in visual meteorological conditions, in accordance with visual flight rules, and during daylight hours only.

For the Association, compliance involves maintaining a current Letter of Agreement with Airservices Australia and providing a copy to CASA before any exempt operations commence. The Association must appoint duty pilots and tower contact officers, provide them with sufficient training, formally authorise them, and keep records of training and authorisation. The Association must not replace, amend or withdraw the LOA unless CASA has notified in writing that it considers the change acceptable. The same applies to amendments to the Point Cartwright Risk Assessment. The Association must monitor the number of airborne aircraft through its duty pilot and tower contact officer, and must ensure that all reports of incidents or accidents are made to CASA. The Association must also maintain the Carties Briefing document and ensure that tower contact officers have access to the current version and comply with it.

For the duty pilot, compliance involves being present at the Point Cartwright site (or at least able to oversee operations), ensuring a tower contact officer is present and has provided a phone number to the tower, confirming that clearance has been given, ensuring no more than three exempt‑operation aircraft are airborne at any time, and reporting any incident or accident to CASA as soon as possible. The duty pilot should also ensure that the tower contact officer does not leave the site prematurely and that the tower is notified when operations are complete for the day.

For the tower contact officer, compliance involves providing a mobile phone number to the Sunshine Coast tower and remaining contactable by phone at all times during the period of duty. The officer must be present at the Point Cartwright site whenever an exempt operation is being conducted. They must maintain two‑way UHF communication with all airborne exempt‑operation aircraft. They must use their best endeavours to keep the number of airborne aircraft at three or fewer. They must remain at the site until all operations have ceased and the tower has been informed, or until the tower cancels clearance. If they are serving only for part of a day, they must complete a handover with the tower and the next tower contact officer. They must comply with the LOA and with the Association’s procedures for a tower contact officer (the Carties Briefing).

All parties should understand that the instrument is time‑limited and expires on 30 September 2028. Detailed records of training, authorisations, clearances and incidents should be kept to demonstrate compliance if CASA investigates. Any proposed changes to the LOA or the risk assessment must be referred to CASA in writing and must not take effect until CASA notifies acceptance in writing. Ignoring these steps risks invalidating the exemption for all members.