CASA Ex27/08 – Exemption – CASR Part 137 for aerial baiting and dropping incendiaries; Exemption – CAR 5.01(2)(a) agricultural pilot rating (Cth)

Instrument number CASA EX27/08

I, MICHAEL DAVID QUINN, Deputy Chief Executive Officer, Operations, a delegate of CASA, make this instrument under regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988) and regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).

[Signed M.D. Quinn]

Mick Quinn
Deputy Chief Executive Officer, Operations

21 May 2008

Exemption — CASR Part 137 for aerial baiting and dropping incendiaries

Exemption — CAR 5.01 (2) (a) agricultural pilot rating

1          Duration

            This instrument:

(a)   commences at the start of 26 May 2008; and

(b)   stops having effect at the end of 25 May 2010.

2          Application

            This instrument applies to the following persons and operations:

(a)   an operator who, immediately before the commencement of this instrument, holds an aerial work AOC that is expressed to cover operations for:

             (i)  aerial baiting of feral animals (baiting operations); or

            (ii)  the dropping of aerial incendiaries for firefighting (incendiaries operations);

(b)   an operator who, immediately before the commencement of this instrument:

             (i)  holds an AOC for aerial work operations; and

            (ii)  has an operations manual, accepted by CASA, that includes procedures for baiting or incendiaries operations;

(c)   an operator who, immediately before the commencement of this instrument:

             (i)  holds an AOC for aerial work or charter operations; and

            (ii)  has persuasive documentary evidence that during the period from 1 March 2003 until 26 May 2008 he or she conducted baiting or incendiaries operations that were acceptable to CASA; and

Note   The operations need not have been continuous throughout the period.

            (iii)  either:

(A)   at the commencement of this instrument, has an operations manual, accepted by CASA, that includes procedures for baiting or incendiaries operations; or

(B)   by not later than the end of 23 August 2008, has an operations manual of the kind mentioned in sub-subparagraph (A);

Note   Operators, to whom sub-subparagraph 2 (c) (iii) (B) applies, have until 23 August 2008 to develop and include in their operations manuals procedures, acceptable to CASA, for baiting and incendiaries operations. They may not conduct operations until the acceptable procedures are included in the manual (see Schedule 1 — Conditions).

(d)   the pilot of an aircraft in an operation, and for an operator, mentioned in paragraph (a), (b) or (c).

3          Exemption — CASR Part 137

            Each operator and each pilot is exempt from compliance with Part 137 of CASR 1998.

4          Exemption — agricultural pilot rating

Each pilot is exempt from compliance with paragraph 5.01 (2) (a) of CAR 1988.

Note   The pilot is not required to have an agricultural pilot rating.

5          Conditions

             Each exemption is subject to the conditions mentioned in Schedule 1.

Schedule 1          Conditions

      1     The operator, and the pilot a far as applicable, must comply with:

(a)   the conditions and requirements expressed in the relevant AOC; and

(b) subject to paragraph (c), each provision of the CAR 1988 (other than paragraph 5.01 (2) (a)), CASR 1998and the Civil Aviation Orders (the aviation legislation) that applied to the operation, the operator or the pilot immediately before the commencement of this instrument; and

(c) each amended provision of the aviation legislation (other than paragraph 5.01 (2) (a) of CAR 1988 and Part 137 of CASR 1998) that applies to the operation, the operator or the pilot after the commencement of this instrument.

Note   The exemption provides “grandfathering” protection only for relevant operations that are essentially the same as, or similar to, those conducted during the period from 1 March 2003 until 26 May 2008.

      2     An operator to whom sub-subparagraph 2 (c) (iii) (B) of this instrument applies may only conduct baiting or incendiaries operations after relevant procedures, acceptable to CASA, have been included in his or her operations manual.