Federal Register of Legislation - Australian Government

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CASA EX25/20 Exemptions as made
This instrument replaces previous exemption CASA EX18/17 relating to aircraft operations for dropping incendiaries for controlled burning.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 31 Jan 2020
Tabling HistoryDate
Tabled HR04-Feb-2020
Tabled Senate04-Feb-2020
To be repealed 31 Jan 2023
Repealed by Self Repealing

Instrument number CASA EX25/20

I, CHRISTOPHER PAUL MONAHAN, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed Christopher P. Monahan]

Christopher P. Monahan
Executive Manager, National Operations & Standards

28 January 2020

CASA EX25/20 — Incendiary Dropping (At or Above 500 Feet) Exemption 2020

1          Name of instrument

                 This instrument is CASA EX25/20 — Incendiary Dropping (At or Above 500 Feet) Exemption 2020.

2          Duration

                 This instrument:

(a)   commences on 1 February 2020; and

(b)   is repealed at the earlier of the following:

             (i)  the commencement of the Civil Aviation Safety Amendment (Part 138) Regulations 2018;

            (ii)  the end of 31 January 2023.

3          Definitions

Note   In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: AOC, operations manual, operator and pilot in command.

                 In this instrument:

aerial application operation has the meaning given by regulation 61.010 of CASR.

controlled burning means the ignition of vegetation for firefighting or fire hazard reduction purposes.

emergency control authority means a State or Territory department or body with official responsibility for controlled burning.

incendiary dropping operation means an aircraft operation that is:

(a)   conducted at, or above, 500 feet; and

(b)   authorised by an emergency control authority; and

(c)   conducted for one of the following purposes:

             (i)  dropping incendiaries for controlled burning;

            (ii)  training for the dropping of incendiaries for controlled burning.

4          Application

                 This instrument applies to each of the following in relation to an incendiary dropping operation:

(a)   the pilot in command of the aircraft engaged in the incendiary dropping operation;

(b)   the operator of the aircraft engaged in the incendiary dropping operation, if the operator:

             (i)  holds an AOC authorising aerial work operations, that covers the conduct of incendiary dropping operations; and

            (ii)  has obtained CASA’s prior written approval of the procedures in the operator’s operations manual for the conduct of the incendiary dropping operation.

5          CASR Part 137 — pilot exemption and condition

        (1)     The pilot in command of an aircraft engaged in an incendiary dropping operation is exempt from compliance with Part 137 of CASR.

        (2)     The exemption is subject to the condition that the pilot must comply with Civil Aviation Order 29.5, as if the operation was not an aerial application operation.

6          CASR Part 137 — operator exemption and condition

        (1)     The operator of an aircraft engaged in an incendiary dropping operation is exempt from compliance with Part 137 of CASR.

        (2)     The exemption is subject to the condition that the operator must take reasonable steps to ensure that the pilot in command of the aircraft complies with the condition in subsection 5 (2).