CASA EX11/16 - Exemption, approval and permission - dropping of articles

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2016L00060 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption, approval and permission — dropping of articles

 

Legislation

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

 

Regulation 150 of the Civil Aviation Regulations 1988 (CAR 1988) deals with the dropping of things from an aircraft while in flight. Subregulation 150 (1) states that the pilot in command of an aircraft must not permit anything to be dropped from an aircraft in flight. Subregulation 150 (2) states that nothing in this regulation will prevent, among other things, the dropping of packages or other articles in the course of search and rescue operations or to deliver emergency food supplies in accordance with directions issued by CASA.

 

Civil Aviation Order 29.5 (the Order) is made under subregulation 150 (2) of CAR 1988 and sets out CASA’s directions for dropping articles from aircraft in flight. 

 

Paragraph 4.5 of the Order states that articles, other than leaflets or substances not in the form of liquids, powder or fine grains, shall not be dropped on a site unless it is clear of persons and stock.

 

Subsection 3 of the Order provides that CASA may approve dropping operations to be carried out within a control zone, within an aircraft lane of entry, or within 5 miles of a Government or licensed aerodrome.

 

Paragraph 7.2 of the Order states that except with the permission of CASA, dropping operations shall be conducted by day only, in accordance with visual flight rules, and in continuous sight of ground or water.

 

Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations, including CAR 1988, or a provision of the Civil Aviation Orders, in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 

Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.

 

Instrument

Aerorescue Pty Limited (Aerorescue) is an operator involved in search and rescue operations and utilises a stores dropping method which involves stores being dropped away from survivors, i.e. they are not in the drop site. However, a trail line, which is attached to the stores, is dropped across the stricken vessel or survivors so that stores may be retrieved. In view of this, Aerorescue is unable to meet the requirements of paragraph 4.5 of the Order and requires an exemption from the requirements.

 

The operations undertaken by Aerorescue may be carried out at night so the instrument also permits that operations may be conducted at night. The exemption and permission are subject to conditions. Since the purpose of the dropping operations is for search and rescue, CASA also approves the operator to conduct training for dropping operations within a control zone, an aircraft lane of entry, and within 5 miles of a Government or licensed aerodrome.

 

Legislative Instruments Act 2003 (the LIA)

Under subparagraph 6 (d) (i) of the LIA, an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. Under regulation 5A of CAR 1988, if CASA has issued a Civil Aviation Order (the CAO), and CASA later issues an exemption that affects the operation of the CAO, the later document is declared to be a disallowable instrument. The instrument affects the operation of paragraph 4.5 of the Order.

 

The instrument is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

Aerorescue previously held an instrument that had a similar effect (CASA EX24/13 refers, which expired at the end of January 2016) and requested that CASA consider extending the instrument. CASA has assessed the operator’s safety case and considers that the exemption, approval and permission can continue for a further 3 years. In these circumstances, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 the LIA.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).

 

Making and commencement

The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.

 

The instrument commences on 1 February 2016 and expires at the end of January 2019, as if it had been repealed by another instrument.

 

[Instrument number CASA EX11/16]

Attachment 1

Statement of Compatibility with Human Rights

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

 

Exemption, approval and permission — dropping of articles

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

The legislative instrument permits aircraft operated by Aerorescue Pty Limited (Aerorescue) to conduct dropping operations contrary to the general directions issued by CASA relating to the dropping of articles.

 

The purpose of the legislative instrument is to allow Aerorescue to continue emergency relief and search and rescue operations that involve the dropping of articles and that would otherwise be prohibited by the Civil Aviation Regulations 1988.

 

The instrument is subject to conditions imposed by CASA in the interests of aviation safety.

 

Human rights implications

The legislative instrument promotes the right to life and the right to health in Articles 6 and 12 of the International Covenant on Civil and Political Rights by allowing Aerorescue to drop articles that may be required for emergency relief and for search and rescue purposes.

 

This legislative instrument does not otherwise engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it promotes human rights.

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of air navigation and were established under Section 98 of the Civil Aviation Act 1988. The regulations address the need for specific oversight and safety measures regarding the dropping of articles from aircraft in flight. This legislative instrument, made by the Civil Aviation Safety Authority (CASA) under the authority granted by the Civil Aviation Act 1988, aims to facilitate emergency relief and search and rescue operations by granting exemptions to specific requirements of the Civil Aviation Regulations 1988 and Civil Aviation Orders. These exemptions are crucial for enabling Aerorescue Pty Limited to perform its operations effectively while maintaining the highest standards of aviation safety. The instrument is subject to conditions to ensure that the operations do not compromise the safety of air navigation, and it is compatible with human rights as it supports the right to life and health during emergency situations.

Scope and Application

The Civil Aviation Safety Regulations 1998, specifically Regulation 150, establish stringent guidelines for the dropping of articles from aircraft while in flight, primarily to ensure the safety of air navigation. Subregulation 150(1) stipulates that the pilot in command of an aircraft must not permit anything to be dropped from an aircraft in flight, with certain exceptions outlined in subregulation 150(2). Civil Aviation Order 29.5 further details the conditions under which dropping operations can be approved, such as ensuring that the site is clear of persons and stock, and specifying permissible times and locations for such operations. However, Aerorescue Pty Limited, an operator involved in search and rescue operations, requires an exemption from these general regulations due to their unique method of dropping stores, which necessitates trailing lines across survivors. Consequently, an exemption has been granted, allowing Aerorescue to conduct dropping operations contrary to the general prohibitions, subject to conditions imposed by the Civil Aviation Safety Authority (CASA) to ensure continued aviation safety. This exemption, which is subject to the Legislative Instruments Act 2003, has been declared a disallowable instrument and is subject to parliamentary disallowance. The exemption, approval, and permission granted in this legislative instrument apply specifically to Aerorescue Pty Limited and are in effect from 1 February 2016 until the end of January 2019.

Key Provisions

The primary operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) and Civil Aviation Order 29.5 (the Order) establish the framework for the dropping of articles from aircraft while in flight. Regulation 150(1) of the Civil Aviation Regulations 1988 (CAR 1988) prohibits the pilot in command from permitting anything to be dropped from an aircraft in flight, while subregulation 150(2) allows exceptions such as the dropping of packages or articles for search and rescue operations or emergency food supplies, provided it is in accordance with directions issued by CASA (Civil Aviation Safety Authority). Civil Aviation Order 29.5 (the Order) under subregulation 150(2) provides specific directions for such dropping operations, including that articles should not be dropped on sites unless they are clear of persons and stock, and operations should be conducted during daylight hours and in continuous sight of ground or water, unless otherwise permitted by CASA. The obligations and requirements imposed by the Act and the Order include ensuring that dropping operations are conducted safely and in accordance with CASA’s directions. Specifically, operators must adhere to the conditions set out in the Order, such as avoiding dropping articles on sites where persons or stock are present, unless it is part of a permitted search and rescue operation. Additionally, operations must be conducted during daylight hours unless a specific exemption is granted by CASA. For operators like Aerorescue, which require dropping operations to be conducted at night for search and rescue purposes, an exemption from these general directions is necessary. Such exemptions are subject to CASA’s approval and can be granted with specific conditions to ensure the safety of air navigation. The legislation also outlines the potential consequences for non-compliance with its provisions. While the explanatory statement does not specify detailed penalties, violations of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998 generally can lead to enforcement actions by CASA. These actions may include the imposition of fines, the revocation of operating permits, or other administrative measures. In more serious cases, breaches may result in criminal charges, with penalties that could include substantial fines and imprisonment, depending on the severity and circumstances of the offence. The specific penalties for each violation would be determined based on the relevant provisions of the Act and any applicable regulations or orders. In summary, the key provisions of the Civil Aviation Safety Regulations 1998 and Civil Aviation Order 29.5 establish strict controls on the dropping of articles from aircraft in flight, with specific exemptions and conditions for search and rescue operations. Operators must comply with these regulations to ensure the safety of air navigation, and failure to do so can result in various enforcement actions and penalties. The exemption for Aerorescue, allowing them to conduct night-time dropping operations for search and rescue, is subject to CASA’s conditions and oversight to maintain safety standards.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.