Federal Register of Legislation - Australian Government

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CASA EX148/15 Exemptions as made
This instrument continues for a further 12 months the exemption of certain pilots, conducting firefighting operations, from certain requirements of Part 61 of the Civil Aviation Safety Regulations 1998. The exemption is, of its nature, an instrument to benefit those who satisfy its terms and meet its conditions, and are thereby relieved from certain licencing obligations that might otherwise apply.
Administered by: Infrastructure and Regional Development
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 28 Aug 2015
Tabling HistoryDate
Tabled HR07-Sep-2015
Tabled Senate07-Sep-2015
Date of repeal 31 Aug 2016
Repealed by Self Repealing

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — aerial application rating and firefighting endorsement

 

Purpose

The purpose of this exemption instrument is to continue for a further 12 months the exemption of certain pilots, conducting firefighting operations, from certain application and qualification of the requirements of Part 61 of the Civil Aviation Safety Regulations 1998 (CASR 1998). The pilots are those who were already conducting firefighting operations before Part 61 came into effect on 1 September 2014. The outcome of the exemption is that the qualifications and experience of this cohort of firefighting pilots will be recognised for the purpose of granting firefighting endorsements under Part 61.

 

Legislation — the Act

Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.

 

Legislation – CASR Part 61 – pilots

Part 61 of CASR 1998, which commenced on 1 September 2014, sets out flight crew licensing requirements.

 

Under subregulation 61.065 (1) of CASR 1998, it is an offence if the holder of a flight crew licence pilots a registered aircraft in an aviation activity under Part 61 without being authorised under Part 61 to conduct the activity.

 

Regulation 61.375 of CASR 1998 sets out limitations on the exercise of the privileges of a pilot licence. Under subregulation 61.375 (7), and item 6 in Table 61.375, the holder of a pilot licence is authorised to conduct a Part 61 aerial application operation below 500 ft above ground level (AGL) only if he or she holds an aerial application rating.

 

Under regulation 61.1100 of CASR 1998, and items 4 and 5, respectively, in Table 61.1120, the holder of an aerial application rating is authorised to conduct a firefighting operation below 500 ft AGL only if the holder holds (respectively) an aeroplane firefighting endorsement, or a helicopter firefighting endorsement.

 

Under paragraph 4.11 of Civil Aviation Order (CAO) 29.5, for a miscellaneous dropping of articles operation, which includes the dropping of substances in operations such as firefighting, the pilot of an aircraft must be authorised under Part 61.

 

Under subregulation 137.235 (1) of CASR 1998, the operator of an aeroplane commits an offence if the aeroplane is used to conduct an application operation and the pilot in command is not authorised under Part 61 of CASR 1998 to pilot the aeroplane in the operation. Under regulation 137.010, an application operation includes application of water to a fire.

 

Legislation — CASR Part 61 — applicants

Under subregulation 61.1115 (1) of CASR 1998, an applicant for an aerial application rating must (among other things) meet the requirements for the grant of a helicopter firefighting endorsement in accordance with item 5 of Table 61.1120 and have passed a flight test mentioned in the Part 61 Manual of Standards for the aerial application rating.

 

Under subregulation 61.1140 (2), an applicant for an aerial application endorsement for the conduct of a firefighting operation in the aircraft must (among other things) have:

(a)   completed flight training for the endorsement; and

(b)   met the aeronautical experience requirements mentioned in column 3 of item 4 or item 5 of Table 61.1120 for the endorsement; and

(c)   passed a flight test mentioned in the Part 61 Manual of Standards for the endorsement; and

(d)   passed the aeronautical knowledge examination for the endorsement.

Legislation — exemptions

Subpart 11.F of CASR 1998 deals with exemptions. Under subregulation 11.160 (1), and for subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from a provision of CASR 1998 in relation to a matter mentioned in subsection 98 (5A). Subsection 98 (5A) matters are, in effect, those affecting the safety, airworthiness or design of aircraft.

 

Under subregulation 11.160 (2), an exemption may be granted to a person or a class of persons. Under subregulation 11.160 (3), CASA may grant an exemption on application, or on its own initiative. For an application for an exemption, CASA must regard as paramount the preservation of an acceptable level of safety.

 

For making a decision on its own initiative, CASA is guided by the requirement in subsection 9A (1) of the Act that in exercising its powers and functions CASA must regard the safety of air navigation as the most important consideration.

 

Under regulation 11.205, CASA may impose conditions on an exemption if necessary in the interests of the safety of air navigation. Under regulation 11.210, it is a strict liability offence not to comply with the obligations imposed by a condition. Under regulation 11.225, CASA must, as soon as practicable, publish on the Internet details of all exemptions under Subpart 11.F.

 

Under subregulation 11.230 (1), an exemption (but not an exceptional circumstances exemption for regulation 11.185 about major emergencies) may remain in force for 3 years or for a shorter period specified in the instrument.

 

Under subregulation 11.230 (3), an exemption in force in relation to a particular aircraft owned by a particular person, ceases to be in force when the aircraft ceases to be owned by that person. Under regulation 11.235, an exemption is not transferable (as between operators, aircraft etc.).

 

Post-1 September 2014 firefighting operations — pilots

To conduct firefighting operations, Parts 61 and 137 of CASR 1998, in effect, require that a pilot must have (among other things) an aerial application rating and a firefighting endorsement.

 

CASA grants such ratings and endorsements only if:

(a)    a pilot satisfies (among other things) the qualifying requirements for the rating and endorsement set out in Subpart 61.R of Part 61; or

(b)   immediately before 1 September 2014, the pilot was a “grandfathered” pilot entitled to the benefit of the transitional provisions set out in Subpart 202.CB of CASR 1998. These provisions define relevant pre-September 2014 aviation activity authorisations (“old authorisations”) and provide for them to continue in force after 1 September 2014 “as if” they were “the equivalent” rating or endorsement under Part 61 (“new authorisations”). (Regulation 202.264 specifically deals with the continuation of suspended old authorisations.) These provisions also require CASA to grant the equivalent new authorisations if the person is the holder of the relevant old authorisations.

 

Thus, under regulation 202.263 of CASR 1998, a new authorisation is a licence, rating or endorsement granted under Part 61. An old authorisation was an authorisation (being (generally) a permission, authority, certificate, rating, endorsement (or other authorisation, however named)) to carry out an activity associated with the operation of an aircraft in flight, and issued, before 1 September 2014, under Part 5 of the Civil Aviation Regulations 1988 (as then in force), or under a CAO made under Part 5, or under another relevant CAO.

 

Under regulation 202.263 of CASR 1998, an old authorisation that was in force immediately before 1 September 2014, is continued in force, according to its terms, “as if it were the equivalent new authorisation”, or as if it were the equivalent new authorisations. This would be the case if more than 1 authorisation (that is, a rating and an endorsement) is required to achieve equivalence with the privileges that had previously been enjoyed (see section 23 of the Acts Interpretation Act 1901 under which words in the singular number include the plural, absent a contrary intention).

 

There is no contrary intention in this case, as a contrary intention would defeat the purpose of the transitional provisions. This was to recognise equivalency of authorisations (that is, formal permissions etc.) in the sense of the privileges which they conferred. Of course, where no authorisation as such exists (in the sense of a formal permission like a previous rating), equivalency is not legally possible because of the terms of the transitional provisions).

 

Under regulation 202.272 of CASR 1998, the holder of a continued authorisation is taken to have applied for, and to meet, the requirements for the grant of the equivalent new authorisation.

 

Post-1 September 2014 firefighting operations — applicants for ratings and endorsements

Applicants for an aerial application rating must (among other things) meet the extensive experience requirements for the grant of a helicopter firefighting endorsement in accordance with item 5 of Table 61.1120 and have passed the appropriate flight test for the rating.

 

Applicants for an aerial application endorsement for the conduct of a firefighting operation in the aircraft, must (among other things) have completed relevant flight training; acquired extensive relevant aeronautical experience; passed the appropriate flight test for the endorsement; and passed the relevant aeronautical knowledge examination.

 

Pre-September 2014 firefighting operations

 

Aeroplane pilots

Before the commencement of Part 61 on 1 September 2014, a particular, qualified and authorised, cohort of aeroplane pilots was engaged in firefighting operations.

 

Pilots conducting firefighting operations in an aeroplane were regulated by Part 137 of CASR 1998 under an operator’s air operator’s certificate (AOC) for aerial work in the form of an application operation concerned with dropping (“applying”) water to extinguish a fire. At that time, to conduct a firefighting operation, a pilot had to have (among other things) an agricultural pilot (aeroplane) rating grade 1 or grade 2 in accordance with the requirements of CAO 40.6 (as then in force).

Aeroplane pilots holding such an authorisation immediately before 1 September 2014, whose use of the authorisation was for, or included, firefighting for which they had been specifically trained by an operator, may have been entitled to the benefit of the transitional regulations for which the equivalent authorisations were both an aerial application rating, and an aeroplane firefighting endorsement, to enable them to continue firefighting. Nevertheless, there was doubt about this and the CASA EX114/14 exemption instrument was issued to address that doubt. However, an agricultural pilot (aeroplane) rating grade 1 or grade 2, whose holder had never been trained in, and engaged in, firefighting, and did not, therefore, have firefighting privileges, could not be considered to be an authorisation equivalent to both an aeroplane aerial application rating and an aeroplane firefighting endorsement.

 

Transition and exemption

Over the next 12 months, aeroplane firefighting pilots will be completing appropriate details in Form 61-2FF on the basis of which CASA will be able to formalise recognition of their pre-September 2014 privileges as aeroplane firefighters by issuing appropriate endorsements as described above.

 

In the meantime, to eliminate all doubt and to protect their position, an exemption will exempt this cohort of aeroplane firefighting pilots from the relevantly applicable requirements of Part 61 (see below).

 

Helicopter pilots

Before the commencement of Part 61 on 1 September 2014, a particular, qualified and authorised, cohort of helicopter pilots was engaged in firefighting operations.

 

Part 137 of CASR 1998 applies (among other things) to aeroplane firefighting operations only. Therefore, helicopter firefighting was regulated by paragraph 4.11 and Appendix I of CAO 29.5 (as then in force). These provisions required the pilot conducting a helicopter firefighting operation to (among other things) hold an agricultural pilot (helicopter) rating, or have a certificate of completion of the low-flying component of the course of training prescribed in CAO 29.10 (as then in force) for aerial stock mustering operations.

 

Agricultural pilot (helicopter) rating holders

Pilots holding such an agricultural pilot (helicopter) rating immediately before 1 September 2014, whose use of the authorisation was for, or included, firefighting for which they had been specifically trained by an operator, may have been entitled to the benefit of the transitional regulations for which the equivalent authorisations were both an aerial application rating and a helicopter firefighting endorsement, to enable them to continue firefighting. Nevertheless, there was doubt about this and the CASA EX114/14 exemption instrument was issued to address that doubt. However, an agricultural pilot (helicopter) rating grade 1 or grade 2, whose pilot had never been trained in, and engaged in, firefighting, could not be considered to have had privileges equivalent to those of both an aerial application rating and a helicopter firefighting endorsement.

 

Transition and exemption

Over the next 12 months, helicopter firefighting pilots with the agricultural pilot (helicopter) rating will be completing appropriate details in Form 61-2FF on the basis of which CASA will be able to formalise recognition of their pre-September 2014 privileges as helicopter firefighters by issuing appropriate endorsements as described above.

 

In the meantime, to eliminate all doubt and to protect their position, an exemption will exempt this cohort of helicopter firefighting pilots from the relevantly applicable requirements of Part 61 (see below).

 

Low-flying training course graduates of the aerial stock mustering course

Pilots not holding an agricultural pilot (helicopter) rating immediately before 1 September 2014:

(a)    who were certified as having completed the low-flying component of the course of training prescribed in paragraph 1 of Appendix I in CAO 29.10 (as then in force) for low‑flying operations; and

(b)   whose use of the training was for, or included, firefighting for which they had been specifically trained by an aerial work operator; and

(c)    whose flight crew licence was endorsed by CASA to that effect (eligible low fliers);

may have been entitled to the benefit of the transitional regulations for which the equivalent authorisations were both an aerial application rating and a helicopter firefighting endorsement to enable them to continue firefighting. Nevertheless, there was doubt about this and the CASA EX114/14 exemption instrument was issued to address that doubt. However, a pilot, who had completed a course of low flying training and whose flight crew licence was endorsed to that effect, but had never been trained in, and engaged in, firefighting for an aerial work operator, could not be considered to be the holder of an authorisation for which a firefighting endorsement was an equivalent.

 

Transition and exemption

Over the next 12 months, eligible low fliers will be completing appropriate details in Form 61-2FF on the basis of which CASA will be able to formalise recognition of their pre‑September 2014 privileges as helicopter firefighters by issuing appropriate ratings and endorsements as described above.

 

In the meantime, to eliminate all doubt and to protect their position, an exemption will exempt this cohort of helicopter firefighting pilots from the relevantly applicable requirements of Part 61, including certain requirements for applicants for ratings or endorsemens (see below).

 

The exemption instrument

It is important to understand that the exemption only applies to firefighting pilots who had the benefit of CASA EX114/14 which expires at the end of 31 August 2015. These are pilots who were lawfully authorised to conduct firefighting operations immediately before 1 September 2014 and may continue to do so under the terms of the exemption. The technical details of the exemption are set out below.

 

Duration and definitions

Under section 1, the exemption commences on 1 September 2015 and expires at the end of 31 August 2016. Section 2 of the exemption contains some key definitions.

 

A firefighting operation means an aerial work operation (including an application operation) involving the application or dropping of water or fire retardant for the purposes of fighting, controlling or extinguishing fire.

 

An operator means the holder of an AOC which authorises a firefighting operation. A Note explains that the AOC may be one issued for firefighting aerial application operations in an aeroplane under Part 137 of CASR 1998, or one for aerial work operations involving dropping from a helicopter.

 

A pilot means the pilot of an aircraft in a firefighting operation who:

(a)   immediately before 1 September 2014, held a licence mentioned in column 1 of an item of the following table, that was used for conducting firefighting operations; and

(b)   immediately before the commencement of this instrument held, or was taken to hold, a licence mentioned in column 2 of the same item:

 

Item

Column 1

(Immediately before 1 September 2014, held:)

Column 2

(Immediately before the commencement of this instrument held, or was taken to hold:)

1

A commercial pilot licence (aeroplane)

A commercial pilot licence with an aeroplane category rating

2

An air transport pilot licence (aeroplane)

An air transport pilot licence with an aeroplane category rating

3

A commercial pilot licence (helicopter)

A commercial pilot licence with a helicopter category rating

4

An air transport pilot licence (helicopter)

An air transport pilot licence with a helicopter category rating

 

A Note indicates that by virtue of transitional regulation 202.263 of CASR 1998, a person who held a licence mentioned in column 1 of the Table is taken to hold the corresponding licence mentioned in column 2. (Regulation 202.264 specifically deals with the continuation of suspended old authorisations.)

 

An applicant means a person who: (a) before 1 September 2014 conducted firefighting operations in an aeroplane or a helicopter for an AOC holder and (b) applies to CASA for an aeroplane firefighting authorisation, or a helicopter firefighting authorisation, under Part 61 of CASR 1998, using CASA Form 61-2FF.

 

For the protective purposes of the exemption, the cohort of pilots and the cohort of applicants are intended to be identical.

 

Application of the exemption

Section 3 provides that the exemption applies, according to its terms, to a pilot, an applicant and an operator.

 

Exemption

Section 4 of the exemption, in effect, creates 4 schedules: Schedules 1 and 2 for pilot exemptions and the conditions attached to them; and Schedules 3 and 4 for applicant exemptions and the conditions attached to them.

 

Schedule 1 — exemptions for pilots

 

Aircraft (aeroplanes and helicopters)

Thus, under clause 1, the pilot of an aircraft is exempt from subregulation 61.065 (1) — but only to the extent that the activity the pilot conducts is a firefighting operation to which the exemption instrument applies.

 

Exemption

Section 4 of the exemption, sets out the provisions of CASR 1998 and the CAOs exempted from. It is organised around clarifying headings.

 

Aircraft (aeroplanes and helicopters)

Thus, under subsection 4 (1), the pilot of an aircraft is exempt from subregulation 61.065 (1) — but only to the extent that the activity the pilot conducts is a firefighting operation.

 

A Note explains that under subregulation 61.065 (1), but for the exemption, it would be an offence for a pilot to conduct a firefighting operation without full compliance with the requirements of Part 61.

 

Under clause 2, the pilot of an aircraft is exempt from paragraph 4.11 of CAO 29.5 — but only to the extent that the pilot must be authorised under a provision of Part 61 from which the pilot is exempted by this section.

 

Aeroplanes only

Under clause 3, the pilot of an aeroplane is exempt from the requirement in regulation 61.1100 — but only to the extent that, to conduct a firefighting operation in an aeroplane, the pilot is required to hold an aeroplane firefighting endorsement in accordance with item 4 of Table 61.1120.

 

A Note explains that the pilot of an aeroplane in a firefighting operation must hold, or be taken to hold, an aerial application rating in accordance with item 6 of Table 61.375. By virtue of transitional regulation 202.263 of CASR 1998, he or she would be taken to hold an aerial application rating if, immediately before 1 September 2014, he or she held an agricultural pilot (aeroplane) rating grade 1 or 2 under CAO 40.6, as in force immediately before 1 September 2014, for which the new authorisation equivalent is an aerial application rating with an aeroplane aerial application endorsement. However, the pilot is exempt from the requirement to hold an aeroplane firefighting endorsement.

 

Helicopters only

Under clause 4, the pilot of a helicopter is exempt from subregulation 61.375 (7) — but only to the extent that, to conduct a firefighting operation in a helicopter, the pilot is required to hold an aerial application rating in accordance with item 6 of Table 61.375.

 

Under clause 5, the pilot of a helicopter is exempt from the requirement in regulation 61.1100 — but only to the extent that, to conduct a firefighting operation in a helicopter, the pilot is required to hold a helicopter firefighting endorsement in accordance with item 5 of Table 61.1120.

 

Operators (aeroplanes)

Under clause 6, the operator of an aeroplane is exempt from subregulation 137.235 (1) of CASR 1998 — but only to the extent that the pilot in command of the operator’s aeroplane in a firefighting operation must be authorised under a provision of Part 61 from which the pilot is exempted by section 4.

 

Schedule 2 — conditions for pilots

To obtain the benefit of the exemption, pilots are subject to a number of conditions, as set out in Schedule 2.

 

 

Aircraft (aeroplanes and helicopters)

For aircraft, the pilot may only conduct the firefighting operation in an aircraft operated under an operator’s AOC. A Note explains that the AOC may be one issued for firefighting aerial application operations in an aeroplane under Part 137 of CASR 1998, or one for aerial work operations involving dropping from a helicopter.

 

The pilot must, before 1 September 2014, have undertaken firefighting operations training provided by an operator in accordance with its operations manual.

 

Aeroplanes only

For aeroplanes, the pilot must hold, or be taken to hold, an aerial application rating under subregulation 61.375 (7) and item 6 in Table 61.375.

 

The pilot must, before commencing a firefighting operation, hold a valid operator proficiency check in accordance with regulation 137.240 of CASR 1998, demonstrating competency to conduct firefighting operations (a) in an aeroplane operated by an operator; and (b) in accordance with the operator’s operations manual.

 

Helicopters only

For helicopters, the pilot must, immediately before 1 September 2014, have had the minimum pilot qualifications for water dropping by a helicopter engaged in firefighting operations, as mentioned in Appendix I of CAO 29.5 as in force immediately before 1 September 2014.

The pilot in a firefighting operation involving sling operations, must, immediately before 1 September 2014, have held (a) a certificate of competency in sling load operations in a helicopter in accordance with CAO 29.6 as in force immediately before 1 September 2014; and (b) a helicopter licence, in force and endorsed with a helicopter sling load endorsement.

 

For helicopters, the pilot must, within the 12 months immediately preceding the firefighting operation, have been assessed as being competent to conduct firefighting operations (a) in aircraft operated by an operator; and (b) in accordance with the operator’s operations manual. The assessment must be in accordance with the procedures in the operator’s operations manual, or training and checking manual.

 

Operators (aeroplanes or helicopters)

The operator of an aeroplane must ensure that, before commencing a firefighting operation under the operator’s AOC, the pilot of the aeroplane complies with the relevant applicable clauses of Schedule 2 (clauses 1 to 4).

 

The operator of a helicopter must ensure that, before commencing a firefighting operation under the operator’s AOC, the pilot of the helicopter complies with the relevant applicable clause of Schedule 2 clauses 1, 2, and 5 to 7).

 

Schedule 3 — exemptions for applicants

 

Aircraft (aeroplanes and helicopters)

Under clause 1, an applicant is exempt from the requirements in subregulation 61.1140 (2) of CASR 1998 — but only to the extent that, to apply for an aerial application endorsement for the conduct of a firefighting operation in the aircraft, the applicant is required to:

(a)   complete flight training for the endorsement; and

(b)   meet the aeronautical experience requirements mentioned in column 3 of item 4 or item 5 of Table 61.1120 for the endorsement; and

(c)   have passed a flight test mentioned in the Part 61 Manual of Standards for the endorsement; and

(d)   have passed the aeronautical knowledge examination for the endorsement.

 

Helicopters only

Under clause 2, an applicant is exempt from the requirements in paragraphs 61.1115 (1) (b) and (c) — but only to the extent that, to apply for an aerial application rating for the conduct of a firefighting operation in a helicopter, the applicant is required to:

(a)   meet the requirements for the grant of a helicopter firefighting endorsement in accordance with item 5 of Table 61.1120; and

(b)   have passed a flight test mentioned in the Part 61 Manual of Standards for the aerial application rating.

 

Schedule 4 — conditions for applicants

 

Aircraft (aeroplanes and helicopters)

The applicant must, before 1 September 2014, have undertaken firefighting operations training provided by the operator in accordance with its operations manual.

 

Aeroplanes only

The applicant must, before 1 September 2014, have conducted firefighting operations in an aeroplane.

 

The applicant must hold, or be taken to hold, an aerial application rating under subregulation 61.375 (7) and item 6 in Table 61.375.

 

Helicopters only

The applicant must, before 1 September 2014, have conducted firefighting operations in a helicopter.

 

The applicant must, immediately before 1 September 2014, have had the minimum pilot qualifications for water dropping by a helicopter engaged in firefighting operations, as mentioned in Appendix I of CAO 29.5 as in force immediately before 1 September 2014.

 

The applicant must, immediately before 1 September 2014, have held a current helicopter licence, mentioned in column 1 of the definition of pilot in section 2.

 

Legislative Instruments Act 2003 (the LIA)

As noted above, exemptions under Subpart 11.F of CASR 1998 are “for subsection 98 (5A)” of the Act, that is, for regulations which empower the issue of certain instruments, like exemptions, in relation to “(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft”, and “(b) the airworthiness of, or design standards for, aircraft”.

 

The exemption is clearly one in relation to matters affecting the safe navigation and operation of aircraft. Under subsection 98 (5AA) of the Act, an exemption issued under paragraph 98 (5A) (a), for such matters, is a legislative instrument if expressed to apply in relation to a class of persons, a class of aircraft or a class of aeronautical products (as distinct from a particular person, aircraft or product).

 

The exemption applies to a class of persons (the members of the firefighting cohort described above) and is, therefore, a legislative instrument subject to registration, and tabling and disallowance in the Parliament, under sections 24, and 38 and 42 of the Legislative Instruments Act 2003.

Consultation

An exemption of its nature is always beneficial and does not require statutory consultation. However, CASA had informal discussions with a number of firefighting operators who requested that the operation of the existing exemption be extended for a further grace period.

 

CASA also consulted the Flight Crew Licensing Subcommittee of the Standards Consultative Committee (a high-level CASA/industry consultation forum) on the criteria to be applied for the purposes of transitioning the old firefighting authorisations of exempted firefighting pilots to the equivalent Part 61 ratings and endorsements. (The criteria have been converted into Form 61-2FF.)

 

CASA also consulted directly with firefighting operators on the proposed exemption.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement is not required for OBPR in this case because the exemption is of beneficial effect to those who fall within its scope and comply with its conditions. A preliminary assessment of business compliance costs in the context of the nature of the instrument indicates that it will have a nil negative impact on business.

 

Statement of Compatibility with Human Rights

The Statement in Appendix 1 is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms, and is compatible with human rights, as it does not raise any human rights issues.

 

Commencement, duration and making

The exemption commences on 1 September 2015, immediately after the previous exemption expires. It is expressed to operate until expiry at the end of 31 August 2016, as if it had been repealed by another instrument. Progressively, over the next 12 months, transitioning firefighters will be granted their equivalent Part 61 ratings and endorsements on the basis of recognition of their eligibility, as confirmed through the Form 61-2FF process described above.

 

The exemption has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.

 

[Instrument number CASA EX148/15]

Appendix 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

Civil Aviation Safety Regulations 1998

Exemption — aerial application rating and firefighting endorsement

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

The purpose of this exemption instrument is to continue for a further 12 months the exemption of certain pilots, conducting firefighting operations, from certain of the requirements of Part 61 of the Civil Aviation Safety Regulations 1998. The exemption is, of its nature, an instrument to benefit those who satisfy its terms and meet its conditions, and are thereby relieved from certain licencing obligations that might otherwise apply.

 

Human rights implications

The exemption in the legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

 

Civil Aviation Safety Authority