CASA EX114/14 - Exemption - aerial application rating and firefighting endorsement

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

Legislation au F2014L01181 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — aerial application rating and firefighting endorsement

 

Legislation

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

 

Part 61 of the Civil Aviation Safety Regulations 1998 (CASR 1998) commences on 1 September 2014 and deals with flight crew licencing requirements. Subregulation 61.065 (1) of CASR 1998 states, among other things, that the holder of a flight crew licence commits an offence if the holder pilots a registered aircraft and the holder is not authorised under Part 61 to conduct the activity.

 

Regulation 61.375 of CASR 1998 sets out limitations on the exercise of pilot licence privileges and requires a holder of a pilot licence to have an appropriate aircraft class rating in order to perform the corresponding activity for that rating, as prescribed in Table 61.375. Item 6 of Table 61.375 requires the holder of a pilot licence to have an aerial application rating to be eligible to perform an aerial application operation (which includes firefighting operations) below 500 feet above ground level (AGL). 

 

Regulation 61.1100 of CASR 1998 states that the holder of an aerial application rating is authorised to conduct an activity mentioned in Table 61.1120, but only if the holder also holds the corresponding endorsement mentioned in that table. Item 4 of Table 61.1120 relates to an aeroplane firefighting endorsement and sets out the activities authorised by that endorsement, including conducting a firefighting operation below 500 feet AGL, subject to requirements on minimum flight time and category rating. Item 5 of Table 61.1120 relates to a helicopter firefighting endorsement and sets out the authorised activities, including conducting a firefighting operation below 500 feet AGL, subject to requirements on minimum flight time and category rating.

 

Subregulation 11.160 (1) of CASR 1998 provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations or the Civil Aviation Orders. 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

Under the current legislative framework, firefighting operations are regulated under various provisions in the Civil Aviation Regulations 1988, Part 137 of CASR 1998, and Civil Aviation Order 29.6. From 1 September 2014, flight crew licensing will be contained in Part 61 of CASR 1998. This includes the ratings, endorsements and training required for conducting firefighting operations.

 

This exemption offers aeroplane and helicopter firefighting pilots, who are preparing for the 2014-15 firefighting season, a 12 month transitional period where their eligibility to conduct firefighting operations under the current regulatory framework will continue from 1 September 2014, notwithstanding that firefighting requirements under Part 61 of CASR 1998 have not been met. This instrument allows firefighting pilots and operators to focus on bushfire response and operational matters, while gradually transitioning to the Part 61 regulatory framework.

 

The instrument is subject to a range of conditions, including that pilots may only conduct firefighting operations under an air operator’s certificate that authorises firefighting operations, and requires pilots to have been assessed as competent to conduct those operations within the previous 6 months. Pilots of helicopter firefighting operations that involve a sling operation must be authorised to do so under Part 61 of CASR 1998.

 

Legislative Instruments Act

Subregulation 11.160 (1) of CASR 1998 provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations or Civil Aviation Orders.  An instrument issued under paragraph 98 (5A) (a) is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The exemption applies to a class of persons, being the commercial or air transport aeroplane and helicopter pilots who are conducting firefighting operations from 1 September 2014. The instrument is, therefore, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).

 

Consultation

CASA has consulted the aviation industry, including the National Aerial Firefighting Centre, on the issue of this exemption.  The instrument is of beneficial effect to industry and is in the public interest, allowing firefighting operations to be conducted throughout the 2014-15 firefighting season. It is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of 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 in subregulation 11.260 (1) of CASR 1998.

 

The exemption commences on the day of registration and expires at the end of August 2015, as if it had been repealed by another instrument. 

 

[Instrument number CASA EX114/14]

Attachment 1

Statement of Compatibility with Human Rights

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

 

Exemption — aerial application rating and firefighting endorsement

 

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 instrument applies to aeroplane and helicopter pilots who will be conducting firefighting operations from 1 September 2014. The exemption allows these pilots to continue operating under the new flight crew licensing framework contained in Part 61 of the Civil Aviation Safety Regulations 1998, notwithstanding that the pilots may not be rated or endorsed under the new framework. The instrument allows pilots and operators to prepare and respond to the 2014-15 firefighting season while offering a 12 month transitional period for pilots to meet Part 61 requirements.

 

Human rights implications

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

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation and the implementation of the Civil Aviation Act 1988. These regulations provide a comprehensive framework for the licensing of flight crew, aircraft operations, and aviation safety standards. The 2014 exemption introduced by the Civil Aviation Safety Regulations 1998 addresses the transitional gap for aeroplane and helicopter firefighting pilots in meeting the new flight crew licensing requirements that came into effect on 1 September 2014. This exemption was introduced by the Civil Aviation Safety Authority (CASA) under the authority granted by Section 98 of the Civil Aviation Act 1988, aiming to facilitate a smooth transition for pilots involved in firefighting operations during the 2014-15 season. The policy objective was to allow these pilots to continue their operations without immediate compliance with the new regulatory requirements, thereby ensuring uninterrupted bushfire response efforts. The exemption was designed to provide a 12-month period for pilots to meet the new licensing standards, while still allowing them to conduct firefighting operations under specific conditions.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide the regulatory framework for civil aviation safety in Australia, and under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations for the Act and the safety of air navigation. Specifically, Part 61 of CASR 1998, which deals with flight crew licencing requirements, sets out the conditions under which pilots can conduct aerial application operations, including firefighting operations, below 500 feet above ground level. Regulation 61.375 of CASR 1998 requires pilots to have an appropriate aircraft class rating, such as an aerial application rating, to perform aerial application activities. Furthermore, regulation 61.1100 mandates that pilots must hold the corresponding endorsement, such as a firefighting endorsement, to conduct these activities. The exemption under review allows aeroplane and helicopter pilots engaged in firefighting operations to continue conducting these operations under the existing regulatory framework from 1 September 2014, despite not meeting the new Part 61 requirements, providing a 12-month transitional period. This exemption is subject to conditions ensuring that pilots operate under an air operator's certificate that authorises firefighting operations and that they have been assessed as competent within the previous six months. Additionally, pilots conducting helicopter firefighting operations involving sling operations must be authorised under Part 61 of CASR 1998. This exemption applies to a class of persons, specifically commercial or air transport aeroplane and helicopter pilots conducting firefighting operations, and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) include specific provisions relating to flight crew licencing and the conduct of aerial application and firefighting operations. Subregulation 61.065(1) of CASR 1998 makes it an offence for a flight crew licence holder to pilot a registered aircraft if not authorised under Part 61 to conduct the activity. Regulation 61.375 of CASR 1998 mandates that a pilot licence holder must have an appropriate aircraft class rating to perform activities corresponding to that rating. Item 6 of Table 61.375 stipulates that an aerial application rating is required for operations below 500 feet above ground level (AGL). Regulation 61.1100 of CASR 1998 authorises aerial application rating holders to conduct activities listed in Table 61.1120, subject to having the corresponding endorsement. For instance, an aeroplane firefighting endorsement, listed in Item 4 of Table 61.1120, permits firefighting operations below 500 feet AGL, contingent on minimum flight time and category rating. The obligations imposed by CASR 1998 on pilots and operators include the requirement to obtain the necessary ratings and endorsements to perform specific activities. For firefighting operations, pilots must hold an appropriate firefighting endorsement in addition to an aerial application rating. The regulations also mandate that pilots must be assessed as competent to conduct these operations within the previous six months. Moreover, operators must ensure that pilots are flying under an air operator’s certificate that authorises firefighting operations. For helicopter operations involving a sling, pilots must also be authorised under Part 61 of CASR 1998. Breach of the regulations can lead to civil and criminal consequences. Subregulation 61.065(1) of CASR 1998 explicitly states that the holder of a flight crew licence commits an offence if they pilot a registered aircraft without the necessary authorisation under Part 61. The maximum penalties for such offences are not specified in the excerpt but are typically severe, reflecting the critical nature of aviation safety. Additionally, CASA may impose conditions on exemptions and can revoke them if necessary to ensure the safety of air navigation. The exemption under the Civil Aviation Safety Regulations 1998 offers a 12-month transitional period for aeroplane and helicopter pilots conducting firefighting operations from 1 September 2014. This exemption allows pilots to operate under the new regulatory framework, even if they have not yet met the specific ratings and endorsements required under Part 61 of CASR 1998. This transitional period is designed to enable pilots and operators to focus on operational matters and bushfire response during the 2014-15 firefighting season while they gradually transition to the new regulatory requirements. The exemption is subject to conditions, including the requirement that pilots must have been assessed as competent to conduct firefighting operations within the previous six months and that helicopter pilots conducting sling operations must be authorised under Part 61 of CASR 1998.

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Area of Law
Aviation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Offence Provisions
Licensing & Registration
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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.