Federal Register of Legislation - Australian Government

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CASA EX78/19 Exemptions as made
The instrument exempts operators engaged in aerial application operations conducted in a single-engine aeroplane that has a maximum take-off weight of more than 5700 kg from the requirement under regulation 217 of the Civil Aviation Regulations 1988 to have a training and checking organisation.
Administered by: Infrastructure, Transport, Cities and Regional Development
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 30 Jul 2019
Tabling HistoryDate
Tabled HR31-Jul-2019
Tabled Senate01-Aug-2019
To be repealed 24 Mar 2021
Repealed by Self Repealing

Instrument number CASA EX78/19

I, WARREN CRAIG MARTIN, Acting Executive Manager, Regulatory Services & Surveillance, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed C. Martin]

Craig Martin
Acting Executive Manager, Regulatory Services & Surveillance

29 July 2019

CASA EX78/19  Aerial Application Operations (Training and Checking Organisation) Exemption 2019

1          Name

                 This instrument is the CASA EX78/19  Aerial Application Operations (Training and Checking Organisation) Exemption 2019.

2          Duration

                 This instrument:

(a)   commences on 1 August 2019; and

(b)   is repealed at the end of 24 March 2021.

3          Definition

                 In this instrument:

aerial application operation has the meaning given by regulation 137.010 of CASR.

4          Exemption

        (1)     This section applies to the operation of an aeroplane for an aerial application operation if:

(a)   the aeroplane is a single-engine aircraft; and

(b)   the aeroplane has a maximum take-off weight of more than 5 700 kg.

        (2)     For the purposes of regulation 11.160 of CASR, the operator of the aeroplane is exempt from compliance with regulation 217 of CAR.

        (3)     The exemption is subject to the conditions in section 5.

Note   See regulation 2 of CAR for a definition of maximum take-off weight.

5          Conditions

        (1)     An operator conducting an aerial application operation mentioned in section 4 must ensure that the aeroplane is used only for aerial application operations.

        (2)     The operator must ensure that the aerial application operation is conducted in accordance with the operator’s operations manual, as existing from time to time.

Note   Under regulation 137.135 of CASR, it is a strict liability offence for the operator or the pilot in command of an aerial application operation to carry a passenger unless subregulation 137.135 (2), (3) or (4) applies to the passenger and the operation.