Recommendation

Following the release of the Preliminary Report into the accident, the helipad operator provided the additional following response on 12 May 2008:

With reference to the amended Preliminary Transport Safety Report, sent to us with your letter dated 7 March 2008, we make the following comments:

1. The helicopter pilots involved in the accident were, apparently to their knowledge, using the Pier 35 helipad unlawfully.
2. The Preliminary Investigation Report does not make clear precisely what safety action the ATSB recommends to address the perceived safety issue. Further, it is not apparent what 'safety action' may be appropriate in the circumstances described in Paragraphs 3 & 4 below.
3. For reasons unrelated to the accident, SA Helicopters (the sub-lessee of the Pier 35 land) has recently ceased all helicopter operations at Pier 35. SA Helicopters is in dispute with D'Albora Marinas (the sub-lessor of Pier 35 land) regarding the termination of the sub-lease.
4. SA Helicopters does not authorise any on-going use of the Pier 35 land as a helipad by any person.

During their response to the draft report, the helipad operator advised that they had surrendered the Pier 35 lease back to the owners of the marina.