Civil Aviation Order 20.21 Air service operations Aircraft engaged in agricultural operations (02/12/2004) (Cth)
Civil Aviation Order 20.21 (as amended)
made under paragraph 157 (4) (b), subregulation 235 (7) and regulation 308 of the Civil Aviation Regulations 1988.
This compilation was prepared on 22 December 2014 taking into account amendments up to Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1).
Prepared by the Legislative Drafting Section, Legal Branch, Civil Aviation Safety Authority, Canberra.
Contents
Section 20.21 (Air service operations — aircraft engaged in aerial application operations)
Page
2...... Application............................................................................................................. 1
2A.... Definitions............................................................................................................. 1
3...... Low flying permission............................................................................................. 1
4...... Loading area.......................................................................................................... 2
6...... Operations during scheduled aircraft movements..................................................... 2
7...... Exemption under regulation 308.............................................................................. 3
8...... Circuit requirements................................................................................................ 3
Notes to Civil Aviation Order 20.21.......................................................................... 4
SECTION 20.21
Air service operations — aircraft engaged in aerial application operations
2 Application
This section applies to aircraft engaged in aerial application operations and inspection flights relating thereto.
2A Definitions
In this Order:
aerial application operation has the meaning given by regulation 61.010 of the Civil Aviation Safety Regulations 1998.
3 Low flying permission
3.1 Pursuant to paragraph 157 (4) (b) of CAR 1988 permission is hereby granted for the flight of aircraft at a lower height than 500 feet over any area other than a city, town or populous area while the aircraft is engaged in:
(a) aerial application operations authorised by an AOC; and
(b) inspection flying related to such aerial application operations; and
(c) transit flights to a treatment area up to a maximum radius of 5 nautical miles from the aerodrome or agricultural landing area in use when carrying an agricultural payload.
3.2 Notwithstanding the permission granted in paragraph 3.1 an aircraft engaged in aerial application operations and inspection flights relating thereto shall not be flown over or in proximity to a building occupied by persons unless it is operated in a pattern and at such an altitude that in the event of an emergency it can avoid endangering persons or property on the ground. The aircraft shall not in any event be flown within 100 metres horizontally of an occupied building which forms part of a city, town or populous area, or below 350 feet above terrain within 100 metres horizontally of an occupied building which is situated in any other area, unless:
(a) a notice in writing of such flight has been given to the occupier of the building not less than 48 hours prior to the proposed flights and no objection to the flight is made; or
(b) if it is not reasonably practical to give a written notice pursuant to the preceding sub-clause, a verbal notice of such flights is given to the occupier prior to the flight and no objection to the flight is made.
Note 1 The distance limits mentioned above are based on operational safety and aircraft noise considerations and do not take into account the possible environmental and health hazards from handling, storage, application or jettisoning of agricultural chemicals. In this respect, operators should ensure that relevant State requirements particularly those associated with health and welfare, are adhered to. Such requirements may impose stricter limitations than those in this Order.
Note 2 Attention is directed to the fact that the permission granted in this subsection does not confer on an operator any rights, as against the owner of any land over which the operations may be conducted, or prejudice in any way the rights and remedies which any person may have in common law in respect of any injury to persons or damage to property caused directly or indirectly by the operator.
4 Loading area
4.2 An operator engaged in aerial application operations must ensure that:
(a) loading equipment is not located; and
(b) loading operations are not carried out;
at a distance of less than 30 metres from the manoeuvring area.
6 Operations during scheduled aircraft movements
6.1 Subject to paragraph 6.2, an aircraft engaged in aerial application operations from an aerodrome used for regular public transport operations must not undertake those operations at a distance of less than 5 nautical miles from the aerodrome during the following periods:
(a) the period starting 15 minutes before the scheduled arrival of a regular public transport aircraft at the aerodrome and ending when the aircraft has landed at the aerodrome;
(b) the period starting when a regular public transport aircraft on the aerodrome starts its engines preparatory to take off and ending 10 minutes after the aircraft has taken off.
6.2 Paragraph 6.1 does not apply:
(a) to aircraft under the control of Air Traffic Control; or
(b) if the aircraft that is engaged in aerial application operations is in two‑way radio contact with the regular public transport aircraft.
7 Exemption
7.1 For regulation 11.160 of CASR 1998, if the conditions set out in this subsection are complied with, an aircraft that is engaged in aerial application operations is exempt from compliance with paragraphs 166A (2) (e) and 166A (2) (f) of CAR 1988.
7.2 The exemption given by paragraph 7.1 in relation to an aircraft is subject to the following conditions:
(a) after take-off the aircraft must not turn at a height that is less than 100 feet above ground level;
(c) during take-off, the aircraft must not be operated in a manner that causes a danger to persons or livestock;
(d) the pilot in command must, before conducting an operation under this exemption, broadcast his or her intention to do so on the local area frequency.
7.3 The exemption in paragraph 7.1 ceases at the end of August 2017, as if subsection 7 had been repealed by another instrument.
8 Circuit requirements
8.1 An aircraft that is carrying out aerial application operations from:
(a) a military aerodrome; or
(b) an aerodrome established under CASR 1998; or
(c) a licensed aerodrome;
must, before landing, join the traffic pattern at a height of not less than 500 feet above the elevation of the aerodrome.
8.2 The requirement in paragraph 8.1 is in addition to any other requirement specified in CASR 1998 or AIP relating to the operation of aircraft within the vicinity of aerodromes.
Notes to Civil Aviation Order 20.21
Note 1
The Civil Aviation Order (in force under the Civil Aviation Regulations 1988) as shown in this compilation comprises Civil Aviation Order 20.21 amended as indicated in the Tables below.
Table of Orders
| Year and | Date of notification | Date of | Application, saving or |
| CAO 2004 No. R20 | 8 December 2004 | 8 December 2004 (see s. 2) | |
| CAO 20.21 2010 No. 1 | FRLI 27 May 2010 | 3 June 2010 (see s. 2) | |
| CAO (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1) | FRLI 29 August 2014 (see F2015L01177) | 1 September 2014 (see s. 2) | Sections 3 and 31 (see Table A) |
Table of Amendments ad. = added or inserted am. = amended rep.= repealed rs. = repealed and substituted | |
| Provision affected | How affected |
| s. 20.21 | rs. 2004 No. R20 |
| heading | am. CAO (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1) |
| subs. 2 | am. CAO (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1) |
| subs. 2A | rs. CAO (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1) |
| subs. 3 | am. CAO (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1) |
| subs. 4 | am. CAO (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1) |
| subs. 6 | am. CAO (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1) |
| subs. 7 | am. CAO 20.21 2010 No. 1, CAO (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1) |
| subs. 8 | am. CAO (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1) |
Table A Application, saving or transitional provisions
Sections 3 and 31 of Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1) read as follows:
3 Definitions
(1) In this instrument:
continued authorisation has the meaning given by regulation 202.261 of the Civil Aviation Safety Regulations 1998 (CASR 1998).
new authorisation has the meaning given by regulation 202.261 of CASR 1998.
(2) A reference in this instrument to a Civil Aviation Order identified by a specified number is taken to include a reference to the section of the Civil Aviation Orders with that number.
Note Some existing legislative instruments are referred to as a Civil Aviation Order followed by a number. Other instruments are referred to as a section of the Civil Aviation Orders. For consistency, in this instrument, all such instruments are referred to as a Civil Aviation Order followed by a number. For example, a reference to Civil Aviation Order 40.2.2 is taken to include a reference to section 40.2.2 of the Civil Aviation Orders.
31 Transitional — application of Civil Aviation Orders
The Civil Aviation Orders apply to a continued authorisation as if it were the equivalent new authorisation.
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