CASA EX12/23 – Amendment of CASA EX87/21 – Instrument 2023 (No. 1) (Cth)

Instrument number CASA EX12/23

I, philippa jillian spence, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed P. Spence]

Pip Spence
Director of Aviation Safety

17 February 2023

CASA EX12/23 – Amendment of CASA EX87/21 – Instrument 2023 (No. 1)

1          Name of instrument

                 This instrument is the CASA EX12/23 – Amendment of CASA EX87/21 – Instrument 2023 (No. 1).

2          Commencement

                 This instrument commences on the day after it is registered.

3          Amendment of CASA EX87/21

                 Schedule 1 amends CASA EX87/21 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2021.

Schedule 1          Amendments

[1]       Paragraph 2 (b)

repeal and substitute

(b)   is repealed at the end of 28 February 2025.

[2]       Section 8

repeal and substitute

8          Directions to take preparatory steps for approval

        (1)     A relevant operator who has taken the benefit of any exemption under section 6 must:

(a)   not later than the end of 3 April 2023 — give CASA an SMS implementation plan; and

(b)   not later than the end of 3 June 2024 — give CASA the proposed SMS exposition content, with an application for its approval.

        (2)     For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).

8A       Condition of the exemptions

                 A relevant operator who has taken the benefit of any exemption under section 6 must, not later than the end of 1 December 2024, have obtained CASA’s written approval of their proposed SMS exposition content.

Note   A relevant operator may voluntarily seek earlier approval of their SMS exposition content if planning an earlier commencement of scheduled air transport operations. However, they should apply to CASA for the approval at least 90 days before their planned date for scheduled air transport operations to commence. CASA cannot guarantee that an approval can be given in every case within 90 days.

[3]       Part 3 (being sections 10 to 14)

repeal

[4]       Section 18

repeal and substitute

18        Directions to take preparatory steps for approval

        (1)     A relevant operator who has taken the benefit of any exemption under section 16 must:

(a)   not later than the end of 3 April 2023 — give CASA an SMS implementation plan; and

(b)   not later than the end of 3 June 2024 — give CASA the proposed SMS manual content, with an application for its approval.

        (2)     For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).

18A     Condition of the exemptions

                 A relevant operator who has taken the benefit of any exemption under section 16 must, not later than the end of 1 December 2024, have obtained CASA’s written approval of the content of their proposed SMS manual content.

Note   A relevant operator may voluntarily seek earlier approval of their SMS manual content if planning an earlier commencement of relevant aerial work operations. However, they should apply to CASA for the approval at least 90 days before their planned date for the operation to commence. CASA cannot guarantee that an approval can be given in every case within 90 days.

[5]       Part 5 (being sections 20 to 24)

repeal

[6]       Section 28

repeal and substitute

28        Directions to take preparatory steps for approval

        (1)     A relevant operator who has taken the benefit of any exemption under section 26 must, not later than the end of 2 June 2023, give CASA the proposed HFP&NTS program exposition content, with an application for its approval; and

        (2)     For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).

28A     Condition of the exemptions

                 A relevant operator who has taken the benefit of any exemption under section 26 must, not later than the end of 3 December 2023, have obtained CASA’s written approval of the content of their proposed HFP&NTS program exposition content.

Note   A relevant operator may voluntarily seek earlier approval of their HFP&NTS program exposition content if planning an earlier commencement of scheduled air transport operations. However, they should apply to CASA for the approval at least 90 days before their planned date for scheduled air transport operations to commence. CASA cannot guarantee that an approval can be given in every case within 90 days.

[7]       Section 33

repeal and substitute

33        Directions to take preparatory steps for approval

        (1)     A relevant operator who has taken the benefit of any exemption under section 31 must, not later than the end of 3 April 2023, give CASA the proposed T&C exposition content, with an application for its approval.

        (2)     For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).

33A     Condition of the exemptions

                 A relevant operator who has taken the benefit of any exemption under section 31 must, not later than the end of 1 September 2023, have obtained CASA’s written approval of the proposed T&C exposition content.

Note   A relevant operator may voluntarily seek earlier approval of the T&C exposition content if planning an earlier commencement of scheduled air transport operations, or air transport operations in an aircraft with an MTOW greater than 5 700 kg. However, the operator should apply to CASA for the approval at least 90 days before their planned date for the relevant operations to commence. CASA cannot guarantee that an approval can be given in every case within 90 days.

[8]       Paragraph 34 (a)

repeal and substitute

(a)   the end of 1 September 2023;

[9]       Section 34D

repeal and substitute

34D     Directions to take preparatory steps for approval

        (1)     A relevant operator who has taken the benefit of any exemption under section 34B must, not later than the end of 3 April 2023, give CASA the proposed T&C exposition content, with an application for its approval.

        (2)     For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).

34DA  Condition of the exemptions

                 A relevant operator who has taken the benefit of any exemption under section 34B must, not later than the end of 1 September 2023, have obtained CASA’s written approval of the proposed T&C exposition content.

Note   A relevant operator may voluntarily seek earlier approval of the T&C exposition content if planning to comply with the normal Part 121 T&C requirements earlier than 1 September 2023. However, the operator should apply to CASA for the approval at least 90 days before their planned date for the relevant operations to commence. CASA cannot guarantee that an approval can be given in every case within 90 days.

[10]     Paragraph 34E (a)

repeal and substitute

(a)   the end of 1 September 2023;

[11]     Section 38

repeal and substitute

38        Directions to take preparatory steps for approval

        (1)     A relevant operator who has taken the benefit of any exemption under section 36 must, not later than the end of 3 April 2023, give CASA the proposed T&C exposition content, with an application for its approval.

        (2)     For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).

38A     Condition of the exemptions

                 A relevant operator who has taken the benefit of any exemption under section 36 must, not later than the end of 1 September 2023, have obtained CASA’s written approval of the proposed T&C exposition content.

Note   A relevant operator may voluntarily seek earlier approval of their T&C exposition content if planning an earlier commencement of scheduled air transport operations, or air transport operations in an aircraft with an MTOW greater than 5 700 kg. However, they should apply to CASA for the approval at least 90 days before their planned date for the operations to commence. CASA cannot guarantee that an approval can be given in every case within 90 days.

[12]     Paragraph 39 (a)

repeal and substitute

(a)   the end of 1 September 2023;

[13]     Section 43

repeal and substitute

43        Directions to take preparatory steps for approval

        (1)     A relevant operator who has taken the benefit of any exemption under section 41 must, not later than the end of 3 April 2023, give CASA the proposed T&C exposition content, with an application for its approval.

        (2)     For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).

43A     Condition of the exemptions

                 A relevant operator who has taken the benefit of any exemption under section 41 must, not later than the end of 1 September 2023, have obtained CASA’s written approval of the proposed T&C exposition content.

Note   A relevant operator may voluntarily seek earlier approval of their relevant T&C exposition content if planning an earlier commencement of scheduled air transport operations, or air transport operations in an aircraft with an MTOW greater than 5 700 kg. However, they should apply to CASA for the approval at least 90 days before their planned date for the operations to commence. CASA cannot guarantee that an approval can be given in every case within 90 days.

[14]     Paragraph 44 (a)

repeal and substitute

(a)   the end of 1 September 2023;

[15]     Section 48

repeal and substitute

48        Directions to take preparatory steps for approval

        (1)     A relevant operator who has taken the benefit of any exemption under section 46 must, not later than the end of 3 April 2023, give CASA the proposed T&C manual content, with an application for its approval.

        (2)     For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).

48A     Condition of the exemptions

                 A relevant operator who has taken the benefit of any exemption under section 46 must, not later than the end of 1 September 2023, have obtained CASA’s written approval of the proposed T&C manual content.

Note   A relevant operator may voluntarily seek earlier approval of their T&C manual content if planning an earlier commencement of relevant aerial work operations. However, they should apply to CASA for the approval at least 90 days before their planned date for the operations to commence. CASA cannot guarantee that an approval can be given in every case within 90 days.

[16]     Paragraph 49 (a)

repeal and substitute

(a)   the end of 1 September 2023;

[17]     Section 53

repeal and substitute

53        Directions to take preparatory steps for approval

        (1)     A relevant operator who has taken the benefit of any exemption under section 51 must, not later than the end of 3 June 2024, give CASA the proposed exposition content that meets the requirements of regulation 119.195, with an application for its approval.

        (2)     For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).

53A     Condition of the exemptions

                 A relevant operator who has taken the benefit of any exemption under section 51 must, not later than the end of 1 December 2024, have obtained CASA’s written approval of the exposition content that meets the requirements of regulation 119.195.