DEPARTMENT OF ENVIRONMENT AND ??considered a hang glider and are not covered ... other park users will not be permitted on the hang gliding site while it is in use by hang gliders or
Post on 06-Mar-2018
Embed Size (px)
DEPARTMENT OF ENVIRONMENT ANDCONSERVATION
TITLE: Hang Gliding and Paragliding Policy
AUTHOR: Manager, Policy & StrategicPrograms
DATE OF ORIGINAL ENDORSMENT: November 2004DATE of EFFECT: November 2004DATE LAST MODIFIED: November 2004DATE for REVIEW: November 2009POLICY REFERENCE NO. PMrec/012/nov04/SP
File No.: TRIM 02/08644
Hang Gliding and Paragliding Introduction
Hang-gliding is an appropriate recreational activity in the National Parkestate under certain conditions and in certain areas.
The operation of hang gliders and paragliders is a form of aviation and assuch is subject to Civil Aviation Safety Authority (CASA) regulations. TheHang Gliding Federation of Australia (the Federation) is a sporting bodyconstituted to administer the sport of hang gliding and paragliding underregulations laid down by CASA.
The use of hang gliders is subject to a Civil Aviation Order, which specifiesthe conditions to be complied with by hang glider pilots. These conditionscover eligibility to operate a glider, pilots adherence to the rules andregulations of the Federation, mandatory qualifications for glider pilots andplaces where, and heights at which, a glider may or may not be flown.
The Civil Aviation Order governing hang gliding requires that a person maynot act as a pilot in command of a hang glider unless the person is the holderof a pilot certificate issued by the Federation, or the person is under thesupervision of an instructor approved by the Federation.
There are very specific topographical and wind requirements that enablehang gliding and paragliding activities to take place, and therefore theactivities are limited to specific locations. Hang gliding and paragliding alsorequire cleared take off and landing sites and sometimes structures. Many ofthe locations that have the appropriate requirements (cliffs, bluffs etc.) arelocated within areas reserved under the NPW Act.
Hang gliding and paragliding are considered recreational activities thatinvolve risking a persons safety, and should therefore comply with thegeneral principles of recreational use of NPWS managed lands, with fullregard given to safety issues.
All recreational activities, including hang gliding and paragliding, cangenerate impacts on the park environment and must therefore be managedin accordance with legislative requirements and the objectives for whichcertain lands are reserved.
The take off requirements for weight shift micro-lights is considerablydifferent to hang gliding and paragliding. Weight shift micro lights are notconsidered a hang glider and are not covered in this policy.
Scope / ApplicationThis policy applies to all areas reserved under the NPW Act.
ObjectivesTo ensure that:- hang gliding and paragliding are satisfactorily accommodated and
managed in appropriate areas; - hang gliding and paragliding facilities and activities are environmentally
sustainable, culturally appropriate and consistent with the purpose forwhich the park was reserved;
- the safety and enjoyment of all park visitors are protected;- there is a consistent and co-ordinated approach to organised recreational
use within appropriate parks.
1. In general, the NPWS will allow appropriate hang gliding andparagliding facilities and activities in selected parks, subject toconditions.
2. Any person undertaking hang gliding or paragliding activities must beauthorised to do so by the Federation (i.e. a member of the Federation),or under the supervision of an instructor authorised by the Federation.
3. Should it be identified that pilots are not abiding by the CASAregulations and Federation code of conduct (HGFA OperationsManual), the NPWS reserves the right to close the hang gliding sitetemporarily or permanently.
Appropriate park categories for hang gliding and paragliding
4. Hang gliding and paragliding are classed as activities that involverisking a persons safety under clause 21 (2) of the National Parks andWildlife Regulation 2002. An appropriate consent from the ParkAuthority is therefore required.
5. The NPWS may authorise a person to hang glide and paraglide, inaccordance with this policy and procedural guidelines, and where theactivity is consistent with a plan of management for that park and theNational Parks and Wildlife Regulation (Clause 21), within a:
national park; state conservation area;
regional park; and karst conservation area.
Park categories not available for hang gliding and paragliding
6. As hang gliding and paragliding are contrary to the purpose andprinciples of these areas, they will not be permitted in:
nature reserves; or Aboriginal areas.
7. Hang gliding and paragliding facilities and activities will not be permittedin declared wilderness areas, as they are not consistent with themanagement principles for these areas.
8. Existing suitable hang gliding sites are sites that are located in anappropriate park category (ie. national park, state conservation area,regional park, or karst conservation area), and are consistent with theplan of management for that park, or the Regulation (ie already have asign or consent). To effectively authorise these sites a written consentis necessary in accordance with this policy and the proceduralguidelines. For these sites, interim consent arrangements will be put inplace in order for a formal site assessment to be conducted (as detailedin the procedural guidelines), prior to consideration of a longer-termconsent.
9. Existing hang gliding sites that are located in inappropriate parkcategories (nature reserves, Aboriginal areas, historic sites), and/or areinconsistent with the plan of management for that park, or theRegulation will be closed.
New Sites Site Assessment
10. A formal site assessment will be required for all new sites.
11. New sites will not be considered unless the impacts of establishmentwill be minimal.
12. The Park Authority may set such conditions for the use of hang glidersand paragliders within parks as it may consider appropriate to ensure
park property, flora, fauna, ecosystems, infrastructure,landscape/scenic values and cultural heritage are protected and thatthe safety and enjoyment of other park visitors are maintained.
13. The Park Authority may also specify general conditions when grantingconsent for members of the Federation to hang glide and paraglide atauthorised sites.
14. Any consent for hang gliding and paragliding, whether for existing orproposed sites, will require a site assessment of the hang gliding site bythe Park Authority in accordance with the procedural guidelines.
15. Federation Clubs are required to have minimum mandatory publicliability insurance of $10 million. The Federation is required to provideto the Park Authority a copy of the Federations certificate of currency.
16. The Park Authority will conduct an annual inspection of each hanggliding site to assess impacts (if any) associated with the use of thesite.
17. The NPWS reserves the right to close a hang gliding site within a park,temporarily or permanently, where unacceptable impacts are identified,or for other safety reasons (e.g. fire closures). Clause 21 (4) of theNPW Regulation allows for a notice to be erected for the purpose ofprohibiting an activity, even where a plan of management continues topermit this activity.
Site Management Plan
18. A site management plan for each authorised hang gliding site will beprepared and implemented by the Park Authority in consultation withthe relevant Federation Club.
19. The site management plan may impose conditions or restrictions uponthe use of a particular hang gliding site in addition to consentconditions, consistent with any relevant provisions in a plan ofmanagement, and in accordance with the procedural guidelines.
20. Access to hang gliding sites may be permitted on public roads, parkroads, and approved walking tracks and management trails as specified
in the plan of management, or as authorised by the Park Authoritywhere there is no plan of management.
21. At all sites, a grassed run will be preferred over a ramp launchstructure. A ramp launch structure will only be consented to when agrass run is impracticable for hang gliding take-off or where theconstruction and use of a ramp would, relative to a grassed run, haveless impact on the natural and cultural significance of the area.
22. Each launch site must have an identified and available landing site(s) toensure pilot safety, including emergency landing site(s), in accordancewith the procedural guidelines and site management plan.
23. Landing sites must be, as far as practicable, outside the park. Wherelanding sites are within the park, they must conform with the relevantsite management plan.
24. Should a neighboring land owner, who provides hang gliding andparagliding landing or emergency landing sites, or clears and maintainsvegetation below a launch site, withdraw their permission for the use ofthat site by Federation members or ceases to maintain the site, thePark Authority will reassess landing provisions, and may close anyhang gliding sites within a park temporarily or until alternate landingarrangements are put in place.
Parking and Unloading of Vehicles
25. Appropriate parking and unloading provisions for vehicles are requiredfor each site. If adequate facilities are not available and cannot beprovided for at the site, NPWS reserves the right to close the sitetemporarily or permanently.
26. Appropriate signage will be required at each hang gliding site forinstructional and public safety purposes, in accordance with theprocedural guidelines and site management plan.
27. Standardised signage for each hang gliding site will be designed by theFederation in consultation with NPWS, and provided and installed at
hang gliding sites in accordance with the procedural guidelines, and asdetailed in the site management plan.
28. The relevant Federation Club for each hang gliding site will nominate aname for the site and this will be included in the signage at the hanggliding site. Preference will be given to using names that are knownthroughout the community or prominent natural feature of thelandscape.
29. Signs must be affixed to structures or their own free-standing posts. Itis not permitted to paint or make any permanent marking upon any tree,plant or rock in the park or affix any signs of any type to any tree, plantor rock in the park.
Responsibility for Provision of Infrastructure and Site Maintenance
30. Responsibility for the provision of infrastructure and site maintenancemay vary between sites, as negotiated between the relevant FederationClub and the Park Authority, and detailed in each individual sitemanagement plan.
31. Generally, the Federation, after gaining consent from the ParkAuthority, will be responsible for the provision (including design,construction and installation) and maintenance of hang gliding andparagliding specific infrastructure such as launch structures, platforms,and related signage that is in place for the purpose of hang gliding andparagliding.
32. Generally, the Park Authority will be responsible for the provision andmaintenance of ancillary (park management) infrastructure, such asaccess tracks, grassed areas, parking, gates and fencing.
33. Any works required for the maintenance and upkeep of hang glidingsites, and any upgrade or reconfiguration of sites, must have theconsent of the Park Authority.
Alternative Usage of Hang Gliding Sites
34. For safety reasons, other park users will not be permitted on the hanggliding site while it is in use by hang gliders or paragliders.
35. Alternative usage of hang gliding sites (e.g. as a picnic area) may bepermitted at the site when it is not in use by hang gliders andparagliders, in accordance with the procedural guidelines and asspecified in the site management plan.
36. Commercial operators are required to keep records of all hang glidingand paragliding activities undertaken within parks, to be made availableto the Park Authority on request in accordance with the proceduralguidelines and site management plan.
37. The Federation will maintain a database of all known hang gliding siteswithin parks, including site specific information detailed in theprocedural guidelines and site management plan.
38. No fee will be charged for recreational hang gliding and paraglidingactivities (other than standard fees and charges, such as park entryfees, which apply generally to the park and its use, and appropriatefees when specific infrastructure has been provided, such as parkingareas).
39. For commercial activities, a one-off non-refundable processing fee is tobe received by the Park Authority with an application for commercialhang gliding and paragliding activities. If the application is approved, anannual licence fee will be paid in advance on signing the licence, andfees will also apply on a number of participant basis for all commercialactivities undertaken, in accordance with the procedural guidelines.
40. Costs incurred by the Park Authority for the design, construction andmaintenance of infrastructure (including materials and labour), that arerequired in the site management plan may be recouped, or requestedprior to undertaking any works, from the relevant Federation Club.
Interim Consent Arrangements
41. Upon the commencement of this policy the Federation (or relevantFederation Club) will be given a one-year interim written consent tohang glide and paraglide at those sites which conform with this policy.This written consent will effectively authorise these sites for the interimperiod, subject to the consent conditions. A consent will be required foreach individual hang gliding site. A template for consents is provided atAttachment B.
42. The Park Authority may issue one-year interim written consents for amaximum total of three years.
43. Renewal of consent after this interim period will be conditional upon thecompletion of a Review of Environmental Factors (REF) for eachauthorised hang gliding site within parks.
Subsequent Consent Arrangements
44. Upon the expiration of the Federations interim consent for each site(and subject to the conditions placed on the renewal of that consent),the Park Authority may grant the Federation (or Federation Club) athree-year written consent for each site under clause 21 of the NPWRegulation for members of the Federation to hang glide and paraglideat these authorised sites (see template at Attachment B).
45. Subsequent renewal of a three-year consent will be subject toconditions outlined in the policy, including an annual site inspection ofeach hang gliding site to assess impacts (if any) associated with theuse of the site.
General Consent Conditions
46. In granting a consent to the Federation, general conditions that the ParkAuthority may impose upon the...