Dispute with Gov't Department

[way-out-west]

The latest!
After requesting I be kept informed, the Premiers Dep't has left it to me to find out what is happening. I am now informed that this a matter between the State and Federal Gov't being argued by the legal departments on a constitutional basis. More to follow at a later date.

[way-out-west]

The Latest.
Extract of correspondence from QLD Premiers Dep't.

The premier apologises for the time taken to clarify this matter and understands the impact this delay will have had on your business.

Further to my letter of 8 April 2014, the Government has now received advice from the civil Aviation Safety Authority (CASA).I am told that the requirement under the Recreation Areas Management Act 2006 (RAM act) to obtain a commercial activity agreement or permit in order to conduct commercial flights over a recreation area can operate without being inconsistent with Federal aviation legislation. This is because the Queensland legislation is about conservation and maintenance of recreation areas through control of commercial activities, whereas the federal aviation legislation is about the safety regulation of air operators who conduct commercial activities.


Minister Truss has been contacted directly for further advice (because CASA have not responded to my calls). More updates as they progress.

[way-out-west]

Well where do I hand my licence in, or who to?
Just got word back from CASA and this extract says it all.

CASA has reviewed the additional concerns you raised regarding (QPWS) and the operation of scenic flights over protected areas, however is unable to provide any further advice than that provided to you on 28 Jan 2014.

CASA suggests that unless the State laws are declared to be invalid (or amended) they must be complied with and this remains a matter between the operator and QPWS.

END: extract.

Am I a bit peeved? Too right I am.
So with that, my thoughts are
Is CASA saying they do not hold jurisdiction over airspace ?
Is your AOC is valid if it says you can conduct aerial operation within Australia.
All charts and aeronautical publications should be amended to include this information for business planning purposes. At present all charts should have the 6.7% of Queensland that is protected marked then be prepared for the 25% that conservationists are hoping to have listed.

Further to this angst and anger I have, I would like it be known that the Federal transport minister Warren Truss did not acknowledge any of my correspondence so I would also like to see his salary docked for dereliction of duty.

Time to fill out the dole form I guess.

[oei]

The only way , your going to get an End with this is to go to court, but that is going to cost a lot, to take on campbell newman's government....

[Twistgrip]

Way out west,

I sympathise with your situation, you may find more information in the airspace act if you haven't already delved into it. It may be a bit laborious to go through it but you may find something that could help your cause moving forward, or as OEI has suggested courts may be the last resort.

Keep us all posted. Good luck.

http://www.google.com.au/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CB0QFjAA&url=http%3A%2F%2Fwww.infrastructure.gov.au%2Faviation%2Faaps%2Ffiles%2FF2012L01389.doc&ei=MdYKVOa-I5OiugTptoDgDA&usg=AFQjCNEaageSnLZ_Ya1__p-qInCl65070g&bvm=bv.74649129,d.dGc

[froginasock]

We'd better stop all international flight to Cairns from approaches over the Great Barrier Reef - they've got brochures and it's a commercial activity after all. All Govt charter flights over places like Abbott Point, Wild Rivers etc (simply insert the name of the latest 'hotspot') - cease Ops or pay the RANSOM for NOT actually coming into close contact with anything closer than 500' or 1000'. Small business ... if CASA or your local 'Ports Corporation' doesn't kill GA the (local, state or federal) government sure will give it a good crack.

[way-out-west]

G'day I have settled down a bit now. I was looking at some other very interesting news articles. One that really got me going again was the Becker Helicopter case (I do not know anymore than what I have read in the media).

http://www.frasercoastchronicle.com.au/ ... s/2300475/

I noticed that in the federal aviation ministers seat of Hervey Bay. The local government has placed a ban on any helicopter school from establishing at its aviation (CASA) approved airport. WTF aviation businesses not allowed to operate at airports.

I hope Mike has taken this mob of clowns to the ACCC and any other place he may get justice. I will say good onya Mike for telling the council to shove their Fly Neighbourly Advice and he can fly where ever he likes (as I am sure his AOC allows).

Packing the van and off to sit next to a river and plan next move. Or I could just watch the following clip and have a laugh and a rethink.

[youtube]OMRDW1qQMm8[/youtube]

[davestewart]

Great video
Bloody govt

[toey]

Hi there W O W,
Sorry if this question seems silly, but I'm late to the topic, but did someone actually stop you from conducting ops? If you have stopped just because qpws asked you, I would think you could continue on as normal until they provide a solid legal grounding to support their ownership of the air. If it ends up in the courts I don't think a judge with any common sense is going support qpws in this matter. Just my two bob for what it's worth. Best of luck, toey

[flyingpascal]

Dear Toey
It is the problem : get a judge with common sense!

[way-out-west]

Time to vent again!!! After being informed by CASA it is between the operator and the Gov't. I approached the State Gov't almost 2 months ago seeking to have the law changed or amended. I have been given the run around as usual and finally after a few harsh worded emails (more so email about going to the media) the last was opened by the Minister personally I will commend him on at least contacting me but he knows nothing about the case. That said, he has asked me to supply him all the details (for which I will supply every email sent and received) so he can be brought up to speed. Meanwhile still travelling the weather in Darwin is hot and humid. Catching barra this time.