CASA EX102/10 – Exemption – minimum height and lateral separation for operations

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation and to provide a regulatory framework for civil aviation in Australia. This legislation was introduced to address the need for stringent safety measures in air operations, particularly concerning the height and lateral separation requirements for aircraft flying over populated areas. Specifically, subsection 98(1) of the Civil Aviation Act 1988 empowers the Governor-General to make regulations to ensure air navigation safety, with subregulation 137.140(3) of the CASR 1998 mandating that pilots maintain a minimum height of 350 feet above ground level (AGL) and a lateral separation of 100 metres from occupied buildings during application operations, unless certain notification procedures are followed. An exemption under these regulations, specifically targeting emergency firefighting operations, allows the pilot in command of an aeroplane operated by Aerotech First Response Pty Ltd to fly below the stipulated 350 feet AGL while being closer than 100 metres to an occupied building without adhering to the notification requirements. This exemption was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA) under subsection 73(2) of the Act and is subject to disallowance in the Parliament as per the Legislative Instruments Act 2003. The exemption is effective from the day of registration and expires at the end of November 2012.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) contain provisions governing the minimum height and lateral separation required for aeroplanes engaged in certain operations, such as application operations. Specifically, under subregulation 137.140(3), the pilot in command of an aeroplane involved in such operations must not fly less than 350 feet Above Ground Level (AGL) while closer than 100 metres, measured horizontally, from an occupied building unless particular notification requirements are met. However, this exemption applies to the pilot in command of an aeroplane operated by Aerotech First Response Pty Ltd, which is engaged in emergency firefighting operations, allowing them to fly over occupied buildings below 350 feet AGL while closer than 100 metres without complying with the aforementioned notification provisions. The exemption is made under subsection 98(1) of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations in the interests of air navigation safety. This exemption is a legislative instrument and thus subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The exemption comes into effect the day after registration and remains in force until the end of November 2012.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) include a specific exemption under subregulation 137.140(3) that allows a pilot in command of an aeroplane operated by Aerotech First Response Pty Ltd to conduct application operations below the usual minimum height of 350 feet Above Ground Level (AGL) and within 100 metres horizontally of an occupied building. This exemption is applicable during emergency firefighting operations, as outlined in the explanatory statement. The pilot in command, however, is not required to comply with the notification provisions that would normally apply in such situations. The exemption, as governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, imposes specific obligations on Aerotech First Response Pty Ltd and its pilots. These obligations include adhering to the exemption conditions strictly during emergency firefighting operations, ensuring that the flights are conducted safely and within the parameters set by the exemption. It is also the responsibility of the pilots to be aware of and comply with all other relevant aviation safety regulations outside of the exemption’s scope. The consequences for breaching the terms of this exemption are not explicitly stated within the provided text. However, general breaches of aviation safety regulations can lead to serious civil and criminal penalties. Under Australian law, violations of the Civil Aviation Act 1988 can result in fines, imprisonment, or both, depending on the severity of the breach and the specific provisions violated. For instance, knowingly contravening safety regulations can lead to substantial fines and imprisonment for up to two years for individuals, and fines can be significantly higher for corporations. The exact penalties would depend on the nature and extent of the breach, as well as the discretion of the court.