CASA Ex34/10 – Exemption – agricultural rating – aerial baiting – CASR Part 137 – aerial baiting (Cth)

Instrument number CASA EX34/10

I, john francis mccormick, Director of Aviation Safety, on behalf 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 John F. McCormick]

John F. McCormick
Director of Aviation Safety

25 May 2010

Exemption — agricultural rating – aerial baiting

Exemption — CASR Part 137 – aerial baiting

1          Duration

            This instrument:

(a)   commences on 26 May 2010; and

(b)   stops having effect at the end of 30 April 2012.

2          Definitions

            In this instrument:

            aerial baiting operation means an aircraft operation that is solely for 1 of the following:

(a)   dropping poison bait to eradicate feral animals;

(b)   training for such dropping.

            operator means a person who is the holder of an air operator’s certificate (AOC) for aerial work, authorising an aircraft to engage in dropping poison bait to eradicate feral animals.

            pilot means the pilot in command of an aircraft of an operator engaged in an aerial baiting operation.

3          Application

            This instrument applies to each of the following in an aerial baiting operation:

(a)   the pilot;

(b)   the operator.

4          Aerial baiting — pilot exemption

             The pilot is exempt from compliance with:

(a) paragraph 5.01 (2) (a) of CAR 1988; and

(b) subparagraph 150 (2) (a) (i) of CAR 1988.

5          CASR Part 137 — aerial baiting – pilot exemption

The pilot is exempt from compliance with Part 137 of CASR 1998.

6          Condition — pilots

             Each exemption in section 4 and 5 is subject to the condition that, for an operation below 500 ft, the operator for whom the pilot is flying must have a general or specific permit from CASA permitting aerial work in the form of aerial baiting below 500 ft.

7          CASR Part 137 — aerial baiting – operator exemption

The operator is exempt from compliance with Part 137 of CASR 1998.

8          Conditions — operators

             The exemption in section 7 is subject to the following conditions:

(a)   the operator’s operations manual must have relevant procedures for the conduct of aerial baiting operations, and training for such operations, including for operations below 500 ft, if applicable;

(b)   for an operation below 500 ft, the operator must have a general or specific permit from CASA:

             (i)  permitting aerial work in the form of aerial baiting below 500 ft; and

            (ii)  for a permit issued on or after 26 May 2010 — stating the minimum permitted height at which the operation may be conducted.

Note 1 Under subregulations 215 (6) and (8) of CAR 1988, an operator must furnish CASA with a copy of his or her operations manual and amendments, including the relevant procedures mentioned in paragraph 8 (a).

Note 2   A pilot and an operator cannot take advantage of this exemption instrument unless all of the conditions are complied with, including the condition in paragraph 8 (b). Use of the on-going low flying permission in Civil Aviation Order 20.21 is not available because it requires the pilot to hold an agricultural pilot (aeroplane) rating, or an agricultural pilot (helicopter) rating, as applicable.