CASA Ex18/17 Exemption — CASR Part 137 (incendiary dropping at or above 500 feet) (Cth)

Instrument number CASA EX18/17

I, Mark andrew fernan, Acting safety Assurance Senior Manager, Aviation Group, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998 (CASR).

[Signed M. Fernan]

Mark Fernan
Acting Safety Assurance Senior Manager
Aviation Group

27 January 2017

Exemption — CASR Part 137 (incendiary dropping at or above 500 feet)

1          Duration

                 This instrument:

(a)   commences on 1 February 2017; and

(b)   is repealed at the end of 31 January 2020.

2          Definitions

                 In this instrument:

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 1 of the following purposes:

             (i)  dropping incendiaries for controlled burning;

            (ii)  training for such dropping.

3          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.

4          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 in subsection (1) is subject to the condition that the pilot must comply with section 29.5 of the Civil Aviation Orders (CAO 29.5) as if the operation was not an aerial application operation.

5          CASR Part 137 — operator exemption and conditions

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

        (2)     The exemption in subsection (1) is subject to the following conditions:

(a)   the operator must hold an AOC authorising aerial work operations that covers, expressly or otherwise, the conduct of incendiary dropping operations;

(b)   the operator must obtain CASA’s prior written approval of the procedures in the operator’s operations manual for the conduct of the incendiary dropping operation;

(c)   the operator must take reasonable steps to ensure that the pilot in command of an aircraft conducting an incendiary dropping operation complies with the condition in subsection 4 (2).