Federal Register of Legislation - Australian Government

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CASA EX136/20 Exemptions as made
This instrument exempts pilots conducting incendiary dropping operations below 500 feet above ground or water level from holding an authorisation required under Part 61 of the Civil Aviation Safety Regulations 1998 (CASR). Under this instrument, pilots and operators will be allowed to conduct such operations without the pilot holding an aerial application rating, if the pilot holds a low-level rating and a low-level endorsement for the category of aircraft being used. The instrument would have the effect of replacing CASA EX25/20 — Incendiary Dropping (At or Above 500 Feet) Exemption 2020 (CASA EX25/20) with less restrictive requirements. Exemptions from Part 137 of CASR contained in CASA EX25/20, are included in this instrument. In addition, directions and a low-flying permit are included to allow low-level incendiary dropping operations.
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 28 Oct 2020
Tabling HistoryDate
Tabled HR29-Oct-2020
Tabled Senate09-Nov-2020
To be repealed 30 Sep 2026
Repealed by Self Repealing

Instrument number CASA EX136/20

I, CHRISTOPHER PAUL MONAHAN, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under subregulations 150 (2), 157 (4) and 215 (3) of the Civil Aviation Regulations 1988 and regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed Christopher P. Monahan]

Christopher P. Monahan
Executive Manager, National Operations & Standards

27 October 2020

CASA EX136/20 — Incendiary Dropping Operations (Aerial Application Rating) Instrument 2020

1          Name

                 This instrument is CASA EX136/20 — Incendiary Dropping Operations (Aerial Application Rating) Instrument 2020.

2          Duration

        (1)     This instrument commences on the day after it is registered.

        (2)     Sections 6 to 10 and subsections 11 (1) to (3) and (5) are repealed at the end of 30 September 2023.

        (3)     Subject to subsection (2), this instrument is repealed at the end of 30 September 2026.

Note   For regulation 11.250 of CASR, the directions in subsections 11 (4) and (5) cease to be in force on the day that they are repealed.

3          Repeal of instrument CASA EX25/20

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

4          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 aeroplane, AGL, operations manual, operator, pilot in command and rotorcraft.

            In this instrument:

CAO 29.5 means Civil Aviation Order 29.5.

incendiary dropping operation means an aircraft operation that is conducted for one of the following purposes:

(a)   dropping incendiaries to initiate controlled burning;

(b)   training for the dropping of incendiaries to initiate controlled burning.

5          Application

                 This instrument applies to the operator, and the pilot in command, of an aeroplane or a rotorcraft that is engaged in an incendiary dropping operation.

6          Exemption from holding an aerial application rating — pilot in command

        (1)     The pilot in command is exempt from compliance with subregulations 61.065 (1) and 61.375 (7) of CASR, but only in relation to the requirement to hold an aerial application rating to conduct the activity mentioned in column 1 of item 6 of table 61.375 of CASR.

        (2)     The exemption in subsection (1) is subject to the condition that the pilot in command of an aircraft being used in an incendiary dropping operation below 500 ft AGL must hold a low-level rating and a low-level endorsement for the category of aircraft.

Note   Nothing in this instrument affects the obligation of the pilot in command to comply with the requirements of Division 61.Q of CASR.

7          Exemption – Part 137 of CASR – pilot

        (1)     The pilot in command of an aeroplane 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 CAO 29.5, as if CAO 29.5 applies to aircraft engaged in incendiary dropping operations.

8          Exemption – Part 137 of CASR – operator

        (1)     The operator of an aeroplane 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 aeroplane complies with the condition in subsection 7 (2).

9          Directions – dropping – pilot in command

        (1)     For subregulation 150 (2) of CAR, the pilot in command of a rotorcraft engaged in an incendiary dropping operation must comply with CAO 29.5, as if CAO 29.5 applies to aircraft engaged in incendiary dropping operations.

        (2)     For subregulation 150 (2) of CAR, the pilot in command of an aeroplane engaged in an incendiary dropping operation must comply with:

(a)   Part 137 of CASR; or

(b)   CAO 29.5, as if CAO 29.5 applies to aircraft engaged in incendiary dropping operations.

10        Low-flying permit

                 For paragraph 157 (4) (b) of CAR, CASA grants a general permit to each owner and operator of an aircraft that is engaged in an incendiary dropping operation to fly at a height lower than 500 ft AGL while engaged in such operations over any area that is not a city, town or populous area.

11        Directions — operator

        (1)     The operator’s operations manual must have procedures for the conduct of incendiary dropping operations, and training for such operations, including for operations below 500 ft AGL (the relevant procedures).

        (2)     For subsection (1), the relevant procedures must include procedures for the operator and the pilot to:

(a)   identify the hazards associated with each particular incendiary dropping operation; and

(b)   assess the extent and nature of those hazards; and

(c)   put in place processes which mitigate the risks that the hazards create while carrying out the operation; and

(d)   ensure, when additional operating crew are carried for the conduct of the flight, that communication and coordination between the flight crew and the additional crew is carried out in a safe and effective manner for both normal and emergency operations as required.

        (3)     For subsection (1), the relevant procedures must include procedures for the operator to ensure that the pilot in command of an aircraft being used in an incendiary dropping operation below 500 ft AGL holds a low-level rating with a low-level endorsement for the category of aircraft being used when conducting the operation.

        (4)     The operator must preserve records of risk management processes for at least 3 years and make those records available for inspection by CASA for audit and safety record management.

Note   See subregulations 215 (6) and (8) of CAR for an operator’s obligation to provide CASA with a copy of its operations manual and amendments, including the relevant procedures mentioned in subsection (1).

        (5)     The operator must take reasonable steps to ensure that the pilot in command of the aircraft complies with the direction in section 9.