CASA EX101/25 – Part 137 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2025

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA EX101/25 – Part 137 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2025

Purpose

Pending development of the proposed regulatory amendments, the purpose of CASA EX101/25 – Part 137 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2025 (the renewal instrument) is to continue the exemptions and directions contained in CASA EX92/22 – Part 137 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2022 (CASA EX92/22) which was repealed at the end of 30 November 2025.

CASA EX92/22 provided (among other things) a single instrument within which exemptions and directions that relate to Part 137 of CASR (Part 137) and any related Part 137-specific exemptions from provisions of Part 91 of CASR (Part 91) may be included.

Part 137 applies to aerial application operations using aeroplanes and Part 91 sets out general operating and flight rules.

CASA EX92/22 assisted stakeholders to identify the exemptions and directions issued in relation to Part 137. It also assisted the Civil Aviation Safety Agency (CASA) to monitor the volume of such exemptions and directions so that it may ensure they are addressed in future amendments to Part 137 as soon as practicable.

There are minimal changes in the renewal instrument. Apart from the dates and instrument number and a few other edits, the main changes are:

• The addition of section 3A and Schedules 1 and 2 to make consequential amendments in other instruments that currently refer to CASA EX92/22.
• Addition of a date to the note under section 10 to say when CASA EX136/20 — Incendiary Dropping Operations (Aerial Application Rating) Instrument 2020 (CASA EX136/20) was repealed.
• In section 15, the transitional period (up to 31 March 2025) has expired. Therefore, the reference to that date, and the note under the section explaining the transitional period, have been deleted.

These are all minor or administrative changes.

The requirements of the renewal instrument among other things apply to pilots in command of certain aeroplanes engaged in aerial application operations. It grants an exemption from regulation 91.095 of the Civil Aviation Safety Regulations 1998 (CASR) for the purpose of allowing an historical existing maximum take‑off weight overload capability under appropriate conditions. This was contained in Part 2 of CASA EX92/22 and is now in Part 2 of the renewal instrument.

The renewal instrument also continues an exemption from regulation 137.235 of CASR for the purposes of allowing miscellaneous dropping operation without the pilot in command holding an aerial application rating. This was contained in Part 3 of CASA EX92/22 and is now in Part 3 of the renewal instrument.

The renewal instrument will also continue an exemption from subregulation 137.140(3) of CASR for the purpose of allowing firefighting lower than 350 feet above ground level (AGL) closer than 100 metres from an occupied building not in a populous area, without undue delay. This was contained in Part 4 of CASA EX92/22 and is now in Part 4 of the renewal instrument.

Legislation — exemptions

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.

Subpart 11.F of CASR deals with exemptions. Under subregulation 11.160(1), and for subsection 98(5A) of the Act, CASA may, by instrument, grant an exemption from a provision of CASR in relation to a matter mentioned in subsection 98(5A). Subsection 98(5A) matters are, in effect, those affecting the safety, airworthiness or design of aircraft.

Under subregulation 11.160(2), an exemption may be granted to a person or a class of persons. Under subregulation 11.160(3), CASA may grant an exemption on application, or on its own initiative.

Under subregulation 11.170(3), for an application for an exemption, CASA must regard as paramount the preservation of an acceptable level of safety.

For making a decision on its own initiative, CASA is guided by the requirement in subsection 9A(1) of the Act that in exercising its powers and functions CASA must regard the safety of air navigation as the most important consideration. The preservation of an acceptable level of safety also remains paramount.

Under regulation 11.205, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation.

Under regulation 11.210, it is a strict liability offence (with a maximum penalty of 50 penalty units) not to comply with the obligations imposed by a condition. Under regulation 11.225, CASA must, as soon as practicable, publish on the internet details of all exemptions under Subpart 11.F of CASR.

Under subregulation 11.230(1), an exemption may remain in force for 3 years or for a shorter period specified in the instrument.

Legislation — directions

Under subregulation 11.245(1) of CASR, for subsection 98(5A) of the Act, CASA may, by instrument, issue a direction about, among other things, any matter affecting the safe navigation and operation of aircraft.

Under subregulation 11.245(2), CASA may issue such a direction: only if CASA is satisfied that it is necessary to do so in the interests of the safety of air navigation; and only if the direction is not inconsistent with the Act; and only for the purposes of CASA’s functions.

Under regulation 11.250 of CASR, a direction ceases to be in force on a day specified in the instrument or, if no day is specified, 1 year after the instrument commences. Under subregulation 11.255(1), it is a strict liability offence (with a maximum penalty of 50 penalty units) to contravene a direction under regulation 11.245 that is applicable to the person.

Overview of instrument

The renewal instrument continues the exemptions and directions contained in CASA EX92/22. CASA EX92/22 was a compilation of a principal instrument and four subsequent amendments.

Part 2 of the renewal instrument provides an exemption from specified provisions of CASR for the pilot in command of a relevant aeroplane, or a relevant single-engine aeroplane, that is engaged in an aerial application operation for the purposes of allowing an historical existing maximum take‑off weight overload capability. The exemption, including from regulation 91.095 of CASR to a specified extent, is subject to the conditions in section 5.

A relevant aeroplane is defined in section 3 of the renewal instrument as an aeroplane, other than a relevant single-engine aeroplane, that has a permanently installed jettison system to allow the pilot in command of the aeroplane to jettison, in flight, the contents of a hopper or vessel permanently installed in the aeroplane.

A relevant single-engine aeroplane is defined in section 3 of the renewal instrument as a registered single-engine aeroplane that:

(a) has a permanently installed jettison system to allow the pilot in command of the aeroplane to jettison, in flight, the contents of a hopper or vessel permanently installed in the aeroplane; and

(b) is employed in private operations; and

(c) has been issued a current certificate of airworthiness in the restricted category.

Part 3 of the renewal instrument applies to an operator for the purposes of allowing miscellaneous dropping operations without the pilot in command holding an aerial application rating. Miscellaneous dropping operation is defined as an operation that involves, or involves training for, dropping relevant articles from an aircraft in flight below 500 feet, but does not include any operation that involves spraying or broadcasting any substance.

The operator of an aeroplane in a miscellaneous dropping operation that is an aerial application operation under Part 137 of CASR (the operator) is exempted from compliance with regulation 137.235 of CASR but: (a) only in relation to the operator’s pilot in command who is entitled to, and who takes, the benefit of the exemptions under Part 16 of CASA EX32/24 — Flight Crew Licensing and Other Matters (Miscellaneous Exemptions) Instrument 2024 (CASA EX32/24); and (b) only to the extent of those exemptions as they apply to the pilot in command. The exemption is subject to conditions.

Part 4 of the renewal instrument exempts firefighting operations for the purposes of allowing firefighting lower than 350 feet AGL closer than 100 metres from an occupied building not in a populous area (essentially, occupied buildings in areas outside cities and towns) without undue delay by granting an exemption from subregulation 137.140(3) of CASR.

CASA has assessed the impact the renewal instrument will have on aviation safety, and is satisfied that the conditions imposed on the exemption will preserve an acceptable level of aviation safety and that the issue of the directions will not adversely impact aviation safety.

Documents incorporated by reference

Under subsection 14(2) of the Legislation Act 2003 (the LA), unless the contrary intention appears, a legislative instrument may not incorporate any matter contained in an instrument or other writing as existing from time to time. Subsection 98(5D) of the Act provides that, despite section 14 of the LA, a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time.

References to provisions of CASR are taken to be as they are in force from time to time, by virtue of paragraph 13(1)(c) of the LA. CASR is freely available online on the Federal Register of Legislation.

In accordance with paragraph 15J(2)(c) of the LA, the following table contains a description of the documents incorporated by reference into the renewal instrument, the organisation responsible for each document and how they may be obtained. The table also states how the document is incorporated.

Content of instrument

Part 1 — Preliminary

Section 1 states the name of the instrument.

Section 2 states the duration of the instrument.

Section 3 defines terms for the instrument, including relevant aeroplane and relevant single‑engine aeroplane.

Section 3A and Schedules 1 and 2 make consequential amendments in other instruments that currently refer to CASA EX92/22.

Part 2 Maximum take-off weight — aerial application operations

Background to Part 2 of the renewal instrument

The purpose of the principal EX92/22 instrument was twofold. The first purpose was to renew an exemption relating to maximum take-off weights of certain aeroplanes engaged in aerial application operations to ensure that the higher of the 3 maximum gross weights stated in subregulation 137.190(1) of CASR applies, and to issue a related direction.

The second purpose was to provide a single instrument in which future exemptions and directions that relate to Part 137 and any related Part 137-specific exemptions from provisions of Part 91 may be included.

Under subregulation 137.190(1) of CASR, it is an offence for the pilot in command of an aeroplane engaged in an application operation to commence a take-off if the aeroplane’s gross weight exceeds any of the 3 maximum gross weights specified in the subregulation. This in effect requires compliance with the lowest specified maximum gross weight. Also, subregulation 137.190(2) of CASR does not state that the pilot must calculate the take-off weight by a method that involves calculating the empty weight of the aircraft.

CASA’s preferred approach is that the pilot in command not commence a take-off if the aeroplane exceeds the highest of the 3 maximum gross weights mentioned in subregulation 137.190(1) of CASR, and that the pilot calculate the take-off weight of the aeroplane by a method that includes taking into account the empty weight of the aircraft, determined in accordance with Civil Aviation Order 100.7.

Content of Part 2 of the renewal instrument

Subsection 4(1) provides exemptions for the pilot in command of a relevant aeroplane, or a relevant single-engine aeroplane, that is engaged in an aerial application operation from certain CASR provisions. An exemption is provided from compliance with subregulation 91.095(2), to the extent that it requires the pilot to comply with, during the period mentioned in subregulation 91.095(1), the aircraft flight manual instructions for the aircraft, or any condition specified in the aircraft’s certificate of airworthiness, about the aeroplane’s maximum take-off weight. An exemption is also provided from regulation 91.805, to the extent that it applies if the aeroplane’s weight and balance limits are not the highest of the 3 maximum gross weights mentioned in subregulation 137.190(1) of CASR, and also from subregulations 137.190(1) and (2).

Section 5 states conditions on the exemption. They impose:

• a requirement that the pilot in command of the aeroplane not commence a take-off of the aeroplane if the aeroplane’s gross weight exceeds the highest of the 3 specified maximum gross weights
• a requirement that the pilot in command of the aeroplane calculate its take-off weight by a method that involves calculating the total of the weights mentioned in the condition.

The condition in subsection 5(1) specifies, as one of the 3 maximum gross weights, the maximum gross weight shown on the type certificate, or foreign type certificate, for the aeroplane, as it exists from time to time. The terms type certificate and foreign type certificate are defined in subregulation 21.041(1) of CASR. Subregulation 21.041(2) of CASR provides that a reference to a type certificate, or foreign type certificate, for an aircraft, includes a reference to the TCDS for the aircraft. This means that for the purposes of paragraph 5(1)(c) of the instrument, the maximum gross weight may be shown on the TCDS for the aeroplane.

Section 6 sets out a direction that, in summary, limits the operation of the direction in section 5 of CASA EX67/24 so that it does not apply to a pilot in command mentioned above in relation to activities that occur before or after the flight that must meet any requirement of the aircraft flight manual instructions for the aircraft that relate to compliance with a maximum take-off weight mentioned in the flight manual instructions. A note is included below section 6 explaining why the direction is necessary. This direction is required because regulation 91.095 of CASR in effect only applies in relation to the operation of an aircraft during flight, and the direction in section 5 of CASA EX67/24 in effect expands the scope of regulation 91.095 to ensure compliance with requirements mentioned in the aircraft flight manual instructions that relate to activities occurring before or after the flight.

Part 3 Miscellaneous dropping operations

Background to Part 3 of the renewal instrument

CASA EX66/23 inserted a new Part 3 to CASA EX92/22 which applies to an operator for a miscellaneous dropping operation.

The purpose of CASA EX66/23 — Amendment of CASA EX92/22 (for Part 137 operators in Miscellaneous Dropping Operations) Instrument 2023 (the Part 137 instrument) was to add additional exemptions to CASA EX92/22, consequential on, and to support, CASA EX65/23 — Amendment of CASA EX66/21 (for Pilots in Command in Miscellaneous Dropping Operations) Instrument 2023 (the pilot instrument) for miscellaneous dropping operations that are otherwise aerial application operations.

The purpose of the pilot instrument was to add additional exemptions to CASA EX66/21 so that the pilot in command of an aircraft in a miscellaneous dropping operation is not required to hold an aerial application rating but must instead hold a relevant low-level rating and low‑level endorsement.

Dropping things or substances from an aircraft below 500 feet AGL can be characterised as an aerial application operation under Part 137 or an aerial work dispensing operation under Part 138 of CASR.

Part 61 of CASR prescribes that an aerial application rating is required for such operations. However, not all such dropping requires the specialist skills that are involved in acquiring and using an aerial application rating. A relevant low-level rating and low-level endorsement would be safe and sufficient qualifications that would not involve the skills redundancy that would otherwise arise from holding an aerial application rating.

This is the case for miscellaneous dropping operations below 500 feet. These are defined as operations that involve, or involve training for, dropping “relevant articles” from an aircraft in flight below 500 feet, where no spraying or broadcasting any substance is involved.

Relevant articles means any of the following:

(a) incendiaries to initiate controlled burning;

(b) baits for the capture or eradication of feral animals;

(c) search and rescue equipment;

(d) fodder for livestock;

(e) items for disaster relief;

(f) other articles of a nature, or articles dropped for a purpose, that is closely similar to the nature or purpose of the articles mentioned in paragraphs (a) to (e).

As may be seen, a relevant article does not include any substance that may be sprayed or broadcast.

Under regulation 137.010 of CASR, while application material, and apply in relation to application material, have defined meanings, a Part 137 aerial application operation is defined as a flight by an aeroplane to apply application material, or for a variety of related purposes, including flights for inspections, training and preparations.

Under regulation 137.235, the operator of an aeroplane commits an offence if the aeroplane is used to conduct an application operation, and the pilot in command of the aeroplane is not authorised under Part 61 to pilot the aeroplane in the operation. Such an authorisation would be an aerial application rating which would be at variance with the pilot instrument.

The Part 137 instrument

CASA considers that for an aerial application operation below 500 feet AGL that is a miscellaneous dropping operation, aviation safety requirements would be satisfied if the pilot in command held a relevant low-level rating and low-level endorsement rather than the more onerous aerial application rating.

The Part 137 instrument was, therefore, consequential on the pilot instrument. It inserted a new section 9 into CASA EX92/22 to provide that the operator of an aeroplane in a miscellaneous dropping operation below 500 feet that is an aerial application operation under Part 137 of CASR is exempted from compliance with regulation 137.235 of CASR but:

(a) only in relation to the operator’s pilot in command who is entitled to, and who takes, the benefit of the exemptions under Part 16 of CASA EX66/21; and

(b) only to the extent of those exemptions as they apply to the pilot in command.

Under a new section 10 inserted into CASA EX92/22, the exemptions in section 9 were subject to the condition that for a miscellaneous dropping operation below 500 feet, the operator must:

(a) have procedures in their operations manual for the particular kind of miscellaneous dropping operation conducted by the pilot in command; and

(b) ensure that the pilot in command is compliant with the conditions imposed on the pilot in command under Part 16 of CASA EX66/21.

A second condition provided that to the extent that the operator took advantage of CASA EX136/20 before it was repealed, the operator must continue to preserve for 3 years from their creation, and make available to CASA for inspection on request, any records of risk management processes that were required under subsection 11(4) of CASA EX136/20 to be so preserved and made available.

A Note explained that section 3 of the pilot instrument repealed CASA EX136/20.

CASA EX32/24 — Flight Crew Licensing and Other Matters (Miscellaneous Exemptions) Instrument 2024

CASA EX32/24 replaced CASA EX66/21. It omitted the definition of CASA EX66/21 in CASA EX92/22 and inserted a definition that refers to CASA EX32/24. CASA EX32/24 also amended paragraphs 9(a) and 10(1)(b) to update references to one of the repealed instruments (CASA EX66/21), to refer instead to CASA EX32/24.

Overview of Part 16 of CASA EX32/24 — Miscellaneous dropping operations

Part 16 continues to exempt the pilot in command of an aircraft in a miscellaneous dropping operation from compliance with requirements that would otherwise apply to a miscellaneous dropping operation so that the pilot in command of an aircraft in a miscellaneous dropping operation is not required to hold an aerial application rating but must instead hold a relevant low-level rating and low-level endorsement.

Part 16 of CASA EX32/24 consists of sections 72 to 74. Section 74 (where relevant) provides that the exemptions under section 73 are subject to the following conditions:

(a) the pilot in command must hold a low-level rating and a low-level endorsement for the category of aircraft used in the miscellaneous dropping operation;

(b) the pilot in command must comply with the requirements imposed on a pilot in command under Part 137 of CASR — if the aeroplane operator is an operator under Part 137 of CASR.

Paragraph 74(b) is intended to ensure that the benefit of the exemption is subject to the usual requirements for such operations.

Content of Part 3 of the renewal instrument

Section 7 states that this Part applies to an operator for a miscellaneous dropping operation.

Section 8 defines terms used in Part 3. A key definition is miscellaneous dropping operation which is defined as an operation that involves, or involves training for, dropping relevant articles from an aircraft in flight below 500 feet, but does not include any operation that involves spraying or broadcasting any substance.

Section 9 provides that the operator of an aeroplane in a miscellaneous dropping operation that is an aerial application operation under Part 137 of CASR is exempted from compliance with regulation 137.235 of CASR but: (a) only in relation to the operator’s pilot in command who is entitled to, and who takes, the benefit of the exemptions under Part 16 of CASA EX32/24; and (b) only to the extent of those exemptions as they apply to the pilot in command.

Under section 10, the exemptions in section 9 are subject to the condition that for a miscellaneous dropping operation, the operator must: (a) have procedures in its operations manual for the particular kind of miscellaneous dropping operation conducted by the pilot in command; and (b) ensure that the pilot in command is compliant with the conditions imposed on the pilot in command under Part 16 of CASA EX32/24.

A second condition provides that to the extent that the operator took advantage of CASA EX136/20 before it was repealed, the operator must continue to preserve for 3 years from their creation, and make available to CASA for inspection on request, any records of risk management processes that were required under subsection 11(4) of CASA EX136/20 to be so preserved and made available.

A Note explains that section 3 of CASA EX65/23 — Amendment of CASA EX66/21 (for Pilots in Command in Miscellaneous Dropping Operations) Instrument 2023 repealed CASA EX136/20 on 11 July 2023.

Part 4 Minimum height and lateral separation — firefighting operations

Background to Part 4 of the renewal instrument

CASA EX87/24 – Amendment of CASA EX92/22 – Exemptions and Directions Instrument 2024 added a new Part 4 to CASA EX92/22 to exempt firefighting operations in an aeroplane from certain prescribed minimum height and lateral separation requirements in relation to occupied buildings in non-populous areas (essentially, occupied buildings in areas outside cities and towns).

Under subregulation 137.140(3) of CASR, the pilot in command of an aeroplane engaged in an application operation over an area that is not a populous area must not fly lower than 350 feet AGL while closer than 100 metres, measured horizontally, from an occupied building. Non-compliance would be a strict liability offence.

Under regulation 137.010, an aerial application operation includes “a flight that is carried out by an aeroplane to apply application material”. Application material includes water, or other material which includes fire retardant. Apply means to drop or spray the material onto the ground or water. Such operations are sometimes referred to colloquially as firebombing.

Despite subregulation 137.140(3) of CASR, under subregulation 137.140(4) the aeroplane may fly closer than prescribed to an occupied building and to the ground but only if:

(a) more than 48 hours before the proposed operation, the occupier of the building was notified in writing about the operation and did not object to the operator about it; or

(b) if it was not reasonably practicable to give written notice — the occupier was notified verbally before the operation and did not object to the operator about it.

However, fires often require an immediate, large, and targeted, aerial firefighting response. Delays through adherence to notice and consent procedures can endanger life and property, both on the ground and in the air.

Aerial work operations in the form of emergency service operations (ESOs) under Part 138 of CASR and the Part 138 Manual of Standards are not subject to the same constraints in their firefighting operations the purpose of which is to save people, property or animals.

CASA had, in the past, issued exemption instruments exempting identified Part 137 operators from compliance with subregulation 137.140(3) of CASR. However, these individual exemptions expired at the end of 30 November 2024.

CASA decided to issue, effective on and from 1 December 2024, a broader exemption from compliance with subregulation 137.140(3) of CASR, with revised safety conditions, to enable any Part 137 operator in an aerial application operation that is an emergency service firefighting operation over a non-populous area to respond immediately to the fire without specific notice or consent.

Content of Part 4 of the renewal instrument

Section 11 defines terms used in Part 4. A key definition is an emergency service firefighting operation which means an operation that is conducted:

• under the authority of an Air Operator’s Certificate (AOC) that authorises aerial application operations
• under an arrangement or agreement between the AOC holding operator and a prescribed authority of the Commonwealth, a State, or a Territory (the Authority)
• at the direction of the Authority, for the purpose of dropping water or a retardant over either or both of:
  • an occupied building
  • an area that is closer than 100 metres, measured horizontally, from an occupied building.

Relevant operation means an aerial application operation that is an emergency service firefighting operation. Relevant operator means an operator who conducts a relevant operation. Relevant pilot means the pilot in command of a relevant aeroplane.

Section 12 states that this Part applies to a relevant pilot and a relevant operator for a relevant operation, according to its terms.

Section 13 exempts a relevant pilot from compliance with subregulation 137.140(3) of CASR.

The exemption under section 13 is subject to the conditions set out in section 14.

The condition in paragraph 14(a) requires that the operation must be conducted without adverse effects on the safety of air navigation, and without unacceptable risks to the safety of any person in the relevant aeroplane or on the ground.

The condition in paragraph 14(b) requires that the operation may only be targeted on or at a specific occupied building if one the circumstances in subparagraphs (i) to (iii) exists. Those circumstances include that the Authority has given express instructions to that effect. The second circumstance is that, in the absence of such instructions, the relevant pilot, on the scene, reasonably considers that such targeting is necessary to prevent the spread of fire. The third circumstance is that the relevant pilot reasonably believes that the building is not, or is no longer, an occupied building, and such targeting may prevent the spread of fire.

Under section 15, a relevant operator is directed to ensure that:

(a) its relevant pilots comply with the conditions in this instrument; and

(b) its operations manual contains appropriate procedures for the purposes of paragraph (a).

Legislation Act 2003

Paragraph 98(5A)(a) of the Act provides that CASA may issue instruments in relation to matters affecting the safe navigation and operation or the maintenance of aircraft. Additionally, paragraph 98(5AA)(a) provides that an instrument issued under paragraph 98(5A)(a) is a legislative instrument if the instrument is expressed to apply in relation to a class of persons.

The renewal instrument is generic in nature and applies to classes of persons. The instrument is, therefore, a legislative instrument, and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.

Sunsetting

As the renewal instrument relates to aviation safety and is made under CASR, Part 4 of Chapter 3 of the LA (the sunsetting provisions) does not apply to the instrument (as per item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015). However, this instrument will be repealed at the end of 30 November 2028, which will occur before the sunsetting provisions would have repealed the instrument if they had applied. Any renewal of the instrument will be subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA. Therefore, the exemption from sunsetting does not affect parliamentary oversight of this instrument.

Consultation

Under section 16 of the Act, in performing its functions and exercising its powers, CASA must consult government, commercial, industrial, consumer and other relevant bodies and organisations as far as CASA considers such consultation to be appropriate.

Under section 17 of the LA, before a legislative instrument is made, CASA must be satisfied that it has undertaken any consultation it considers appropriate and practicable in order to draw on relevant expertise and involve persons likely to be affected by the proposals.

Exemptions from regulatory requirements are considered to be beneficial for those to whom they apply, who voluntarily elect to take advantage of them, and who comply with their conditions. It is, therefore, rarely necessary to engage in extensive public consultation on a proposed exemption. However, it is CASA’s policy to consult, where possible, in an appropriate way with those parts of the aviation industry most likely to avail themselves of, or be affected by, an exemption so that they may have the opportunity to comment on the possible or likely terms, scope and appropriateness of the exemption.

At the time of making of the principal CASA EX92/22 instrument, consultation under section 17 of the LA had been undertaken with the peak industry body representing Part 137 operators – the Aerial Application Association of Australia (AAAA) – who had confirmed the contemporary industry requirement for the exemptions.

At the time of making of CASA EX87/24, which amended CASA EX92/22, CASA had consulted with a number of operators who held current exemption instruments in relation to subregulation 137.140(3) of CASR. CASA had also consulted with the AAAA. All of those consulted supported CASA EX87/24 and its safety conditions.

As pending development of the proposed regulatory amendments, the purpose of the renewal instrument is to continue the exemptions and directions contained in CASA EX92/22, no specific public consultation has been undertaken. Informal consultation with the AAAA earlier in 2025 indicated they supported the continuation of these exemptions and directions. CASA is satisfied that no further consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.

Office of Impact Analysis (OIA)

An Impact Analysis (IA) is not required because the instrument is covered by a standing agreement between CASA and the OIA under which an IA is not required for exemption or direction instruments (OIA id: OIA23-06252).

Sector risk, economic and cost impact

Subsection 9A(1) of the Act states that, in exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration. Subsection 9A(3) of the Act states that, subject to subsection (1), in developing and promulgating aviation safety standards under paragraph 9(1)(c), CASA must:

(a) consider the economic and cost impact on individuals, businesses and the community of the standards; and

(b) take into account the differing risks associated with different industry sectors.

The cost impact of a standard refers to the direct cost (in the sense of price or expense) which a standard would cause individuals, businesses and the community to incur. The economic impact of a standard refers to the impact a standard would have on the production, distribution and use of wealth across the economy, at the level of the individual, relevant businesses in the aviation sector, and the community more broadly. The economic impact of a standard could also include the general financial impact of that standard on different industry sectors.

As the renewal instrument replaces an expiring instrument with the same (or largely the same) provisions and conditions, there will be no change of economic or cost impact on individuals, businesses or the community.

CASA has assessed that the economic and cost impact of the renewal instrument is not significant. The requirements of the renewal instrument among other things apply to pilots in command of certain aeroplanes engaged in aerial application operations and enables the continued operation of aircraft conducting aerial application operations under Part 137 at higher gross weights, with consequent economic benefits due to the increased efficiency of the operations.

If the exemption was not renewed, the number of flights required to fulfil a particular aerial application purpose would increase, with consequent increases in cost and economic impact on aircraft operators and their customers.

The renewal instrument also contains beneficial exemptions in relation to the operator of an aeroplane in a miscellaneous dropping operation that is an aerial application operation under Part 137.

The renewal instrument will also continue to enable relevant operators to conduct effective firebombing operations in association with relevant firefighting authorities.

Impact on categories of operations

The renewal instrument is likely to have a beneficial effect on the operators, and pilots in command, of aeroplanes engaged in aerial application operations by increasing the efficiency of operations by ensuring that the pilots of such aeroplanes cannot take-off only if the aeroplane’s gross weight exceeds the highest of the 3 maximum gross weights specified in subregulation 137.190(1) of CASR.

The renewal instrument also contains beneficial exemptions in relation to the operator of an aeroplane in a miscellaneous dropping operation that is an aerial application operation under Part 137.

The renewal instrument will also continue to enable relevant operators to conduct effective firebombing operations in association with relevant firefighting authorities.

Impact on regional and remote communities

The renewal instrument would have a similar beneficial impact on regional and remote communities by enabling relevant aircraft engaged in aerial application operations in those communities to take-off provided the aeroplane meets the highest of the 3 possible maximum gross weights specified in subregulation 137.190(1) of CASR.

This would enable, for example, less trips having to be undertaken to apply application material to crops with consequential economic benefits for regional and remote communities.

The renewal instrument also contains beneficial exemptions in relation to the operator of an aeroplane in a miscellaneous dropping operation that is an aerial application operation under Part 137.

The renewal instrument will also continue to enable relevant operators to conduct effective firebombing operations in association with relevant firefighting authorities in non‑populous areas.

Statement of Compatibility with Human Rights

The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Making and commencement

The renewal instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260(1) of CASR.

The renewal instrument commences on 1 December 2025 and will be repealed at the end of 30 November 2028.

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

CASA EX101/25 – Part 137 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2025

This legislative instrument is compatible with the human rights and freedoms
recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

Pending development of the proposed regulatory amendments, the purpose of CASA EX101/25 – Part 137 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2025 (the renewal instrument) is to continue the exemptions and directions contained in CASA EX92/22 – Part 137 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2022 (CASA EX92/22) which was repealed at the end of 30 November 2025.

Part 2 of the renewal instrument provides an exemption from specified provisions of CASR for the pilot in command of a relevant aeroplane, or a relevant single-engine aeroplane, that is engaged in an aerial application operation.

A relevant aeroplane is defined in section 3 of the renewal instrument as an aeroplane, other than a relevant single-engine aeroplane, that has a permanently installed jettison system to allow the pilot in command of the aeroplane to jettison, in flight, the contents of a hopper or vessel permanently installed in the aeroplane.

A relevant single engine aeroplane is defined in section 3 of the renewal instrument as a registered single-engine aeroplane that:

(a) has a permanently installed jettison system to allow the pilot in command of the aeroplane to jettison, in flight, the contents of a hopper or vessel permanently installed in the aeroplane; and

(b) is employed in private operations; and

(c) has been issued a current certificate of airworthiness in the restricted category.

Part 3 of the renewal instrument applies to an operator for a miscellaneous dropping operation. Miscellaneous dropping operation is defined as an operation that involves, or involves training for, dropping relevant articles from an aircraft in flight below 500 feet, but does not include any operation that involves spraying or broadcasting any substance.

Part 4 of the renewal instrument exempts firefighting operations in an aeroplane from certain prescribed minimum height and lateral separation requirements in relation to occupied buildings in non-populous areas (essentially, occupied buildings in areas outside cities and towns).

The requirements of the renewal instrument among other things apply to pilots in command of certain aeroplanes engaged in aerial application operations and enables the continued operation of aircraft conducting aerial application operations under Part 137 of the Civil Aviation Safety Regulations 1998 (CASR) at higher gross weights, with consequent economic benefits due to the increased efficiency of the operations.

The renewal instrument also continues the beneficial exemptions in relation to the operator of an aeroplane in a miscellaneous dropping operation that is an aerial application operation under Part 137 of CASR.

The renewal instrument will also continue to enable relevant operators to conduct effective firebombing operations in association with relevant firefighting authorities.

Human rights implications

The legislative instrument engages with the right to life under Article 6 of the International Covenant on Civil and Political Rights (the ICCPR).

Right to life under the ICCPR

This engagement is in the context of CASA’s statutory purpose which includes safety relevantly in the air and on the ground. The aim of CASA and its regulatory framework is to uphold aviation safety by regulating the conduct of individuals and organisations involved in civil aviation operations, including firefighting. It is, therefore, a threshold requirement for all CASA legislative instruments that they preserve, promote and enhance aviation safety.

The instrument promotes aviation safety by reducing the number of take‑offs and landings required for aerial application tasks.

It also promotes the right to life by providing greater flexibility in the conduct of emergency service firefighting operations, that may save lives.

Human rights implications

The renewal instrument is compatible with human rights and to the extent that it may engage certain rights it does so in a way that promotes the right to life.

Conclusion

This legislative instrument is compatible with human rights.

Civil Aviation Safety Authority