Instrument number CASA EX83/09

I, MICHAEL DAVID QUINN, Deputy Director of Aviation Safety, a delegate of CASA, make this instrument under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988).

[Signed M.D. Quinn]

Mick Quinn
Deputy Director of Aviation Safety

13 October 2009

Exemption carriage of passengers on EADS CASA 212-400 aircraft within Antarctica

1 Duration

 This instrument:

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

(b) stops having effect at the end of 31 March 2010.

2 Application

  This instrument applies to the conduct of flights within Antarctica by Skytraders Pty Ltd, Aviation Reference Number 414306 (the operator), in EADS CASA 212-400 aircraft with nationality and registration marks VH-VHA and VH-VHB (the aircraft).

3 Exemption — relating to carriage of passengers

 (1)This instrument exempts the pilot in command and the operator of each of the aircraft from compliance with subregulation 262AL (3) of CAR 1988.

 (2)The exemption only applies to the extent mentioned in Schedule 1.

4 Conditions

 The exemption is subject to the conditions in Schedule 2.

Schedule 1 Extent of exemption

  The operator may only engage in charter operations carrying passengers and cargo in accordance with the contract entered into with the Australian Antarctic Division (the AAD) of the Department of the Environment and Water Resources on 13 June 2003.

Schedule 2 Conditions

 1 The exemption only applies to charter operations conducted within Antarctica in accordance with the Air Operator’s Certificate held by the operator.

 2 The passengers carried must be carried with the permission of the AAD and only under the terms of the contract.

 3 The operator must provide a written notice to all passengers prior to any flight in which they are being carried, stating that the aircraft do not meet transport category requirements and the reasons why they do not meet those requirements.

 4 The aircraft must be operated in accordance with Restricted Category Flight Manual Supplement 9268.343-02.