Federal Register of Legislation - Australian Government

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CASA EX 12/19 Exemptions as made
This instrument enables Helicopter Resources Pty. Ltd. to conduct a range of operations that involve a person embarking and disembarking a helicopter while it is in the hover (hover exit or entry) at certain sites where a landing is not possible or safe, or a landing would compromise environmental values.
Administered by: Infrastructure, Regional Development and Cities
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 06 Mar 2019
To be repealed 31 Jan 2022
Repealed by Self Repealing

Instrument number CASA EX12/19

I, PETER MICHAEL WHITE, Executive Manager, Regulatory Services & Surveillance, a delegate of CASA, make this instrument under regulations 151, 250 and 251 of the Civil Aviation Regulations 1988 and regulations 11.160 and 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed P. White]

Peter White
Executive Manager, Regulatory Services & Surveillance

27 February 2019

CASA EX12/19 — Hover Exit and Entry (Helicopter Resources Pty. Ltd.) Instrument 2019

1          Name

                 This instrument is CASA EX12/19 — Hover Exit and Entry (Helicopter Resources Pty. Ltd.) Instrument 2019.

2          Duration

                 This instrument:

(a)   commences on the day after it is registered; and

(b)   is repealed at the end of 31 January 2022.

Note   For regulation 11.250 of CASR, the directions in section 10 cease to be in force on the day that the instrument is repealed.

3          Definitions

Note   Operator is defined in the CASR Dictionary.

                 In this instrument:

Helicopter Resources means the operator with the name Helicopter Resources Pty. Ltd., ARN 402952.

hover means flight at zero ground speed.

hover exit or entry: a person engages in a hover exit or entry if the person leaves or boards a helicopter while it is established in the hover.

hover exit or entry operation means:

(a)   a charter operation that involves a hover exit or entry conducted in a helicopter:

             (i)  in a remote area or other area that is difficult to access where the construction of a helicopter landing site is not practicable and it is not practicable to access a natural suitable landing site; or

            (ii)  at a site that has environmental values that would be severely compromised by building a helicopter landing site and that is inhospitable for landing; or

           (iii)  at a site where a landing is not practicable or safe for other, substantially similar, reasons; or

(b)   a related training operation in a helicopter during which, for the purposes of the operation or training, it is necessary for a person to engage in a hover exit or entry.

permitted purpose means 1 of the following:

(a)   land management activities;

(b)   infrastructure or mining support;

(c)   scientific purposes, including water sampling.

rappelling has the meaning defined in Civil Aviation Order 29.11, as in force from time to time.

winching has the meaning defined in Civil Aviation Order 29.11, as in force from time to time.

4          Application

   (1)     Subject to subsection (2), this instrument applies in relation to the conduct by Helicopter Resources of a hover exit or entry operation:

(a)   that:

             (i)  supports a permitted purpose; and

            (ii)  is authorised by the relevant owner, controlling authority or land management agency of the site at which the hover exit or entry is to occur; or

(b)   for the purpose of training for an operation mentioned in paragraph (a).

        (2)     This instrument does not apply in relation to an operation involving winching or rappelling.

5          Exemption — low flying

                 For the purposes of regulation 11.160 of CASR, Helicopter Resources and the pilot in command of a helicopter are exempt from complying with paragraph 157 (1) (b) of CAR to the extent that:

(a)   the helicopter is engaged in a hover exit or entry operation; and

(b)   flight lower than 500 feet above ground level is necessary at the time to enable a person to engage in a hover exit or entry for the purposes of the operation.

Note   The exemption does not extend to transit flights to or from the location where a hover exit or entry takes place.

6          CASA authority — picking up of persons

                 For the purposes of paragraph 151 (3) (a) of CAR, a person may be picked up by a helicopter that is engaged in a hover exit or entry operation to the extent necessary at the time to enable the person to board the helicopter for the purposes of the operation.

7          Permission — carriage of person on undercarriage

                 For the purposes of subregulation 250 (2) of CAR, a person is permitted to be carried on the undercarriage of a helicopter in a flight conducted for the purposes of a hover exit or entry operation if:

(a)   the person is carried on the undercarriage only to enable the person to engage in a hover exit or entry; and

(b)   at the time the person is carried on the undercarriage, the helicopter is established in the hover at the height at which the hover exit or entry is to take place.

8          Direction — wearing a seat belt

                 For the purposes of subregulation 251 (9) of CAR, a person is not required to wear a seat belt if:

(a)   it enables the person to engage in a hover exit or entry for the purposes of a hover exit or entry operation; and

(b)   the helicopter is established in the hover at the height where the hover exit or entry will take place.

9          Exemption — seats and seat belts

                 For the purposes of regulation 11.160 of CASR, a person who engages in a hover exit or entry for the purposes of a hover exit or entry operation is exempt from complying with subregulations 207 (3) and 235 (7A) of CAR to the extent that:

(a)   paragraph 3.1 of Civil Aviation Order 20.16.3 requires the person to occupy a seat of an approved type when the aircraft is flying at a height less than 1 000 feet above the terrain; and

(b)   paragraph 4.1 of Civil Aviation Order 20.16.3 requires the person to wear a safety harness or seat belt when the aircraft is flying at a height less than 1 000 feet above the terrain.

10        Directions — limitations and communication

        (1)     This section is made under regulation 11.245 of CASR.

        (2)     Helicopter Resources and the pilot in command must not conduct a hover exit or entry operation unless:

(a)   a normal landing is not possible; or

(b)   a normal landing is not safe; or

(c)   the site at which the hover exit or entry is to occur has environmental values that would be severely compromised by landing the helicopter at the site.

        (3)     Helicopter Resources and the pilot in command must ensure that a helicopter engaged in a hover exit or entry operation carries only the operating crew and a person who will be, is or was engaging in a hover exit or entry.

        (4)     Helicopter Resources must:

(a)   include a copy of this instrument in its operations manual; and

(b)   before commencing a hover exit or entry operation, provide a copy of this instrument to any person to be carried on the helicopter to conduct a hover exit or entry.

        (5)     Helicopter Resources must give written notice to CASA at least 14 days before making any revision to any part of its operations manual that affects procedures or instructions for hover exit or entry conducted for the purposes of a hover exit or entry operation.

Note   It is an offence for a member of the operations personnel of the operator not to comply with the instructions contained in the operations manual insofar as they relate to the person’s duties or activities: see subregulation 215 (9) of CAR.