CASA EX179/12 - Exemption - minimum height and lateral separation for operations

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to regulate the safety of civil aviation in Australia, ensuring that aviation activities are conducted in a manner that minimises the risk to public safety and property. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations, and in this instance, subregulation 137.140(3) of the CASR 1998 sets a minimum height and lateral separation for aeroplanes during application operations. The Civil Aviation Safety Authority (CASA) has the authority under subregulation 11.160(1) of the CASR 1998 to grant exemptions from these regulations if it is in the interests of the safety of air navigation. This particular exemption allows the pilot in command of an aeroplane operated by Aerotech First Response Pty Ltd to fly below the mandated height during emergency firefighting operations, provided certain conditions are met. The exemption aims to facilitate quicker response times during critical situations without the need to comply with standard notification requirements, thereby enhancing the effectiveness of emergency firefighting efforts. The exemption is subject to the Legislative Instruments Act 2003, and as it does not engage any of the applicable rights or freedoms, no consultation was deemed necessary under the LIA. The exemption is effective from 1 December 2012 and will cease to have effect at the end of November 2015.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) exemption, implemented under the authority of the Civil Aviation Act 1988, pertains to the minimum height and lateral separation for operations conducted by the pilot in command of an aeroplane. Specifically, this exemption allows Aerotech First Response Pty Ltd to conduct emergency firefighting operations by flying below the mandated 350 feet above ground level (AGL) and closer than 100 metres to an occupied building, without adhering to the usual notification requirements. This exemption is granted under the authority provided by subsection 98(1) of the Civil Aviation Act 1988, which empowers the Governor-General to establish regulations for the Act, particularly for the safety of air navigation. The exemption applies to a specific class of persons, namely the pilot in command of aeroplanes operated by Aerotech First Response Pty Ltd during emergency firefighting operations, and is subject to the conditions and limitations imposed by the Civil Aviation Safety Authority (CASA). The exemption is published on the internet and is effective from 1 December 2012 until the end of November 2015.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) outline specific operational standards for aircraft in Australia, ensuring the safety of air navigation. Under subregulation 137.140(3), the pilot in command of an aeroplane engaged in an application operation is generally required to fly no lower than 350 feet above ground level (AGL) while within 100 metres horizontally from an occupied building, unless certain notification provisions are met. This regulation aims to protect people on the ground from the potential hazards of low-altitude flight. However, the Civil Aviation Safety Authority (CASA) has the authority to grant exemptions under subregulation 11.160(1) for specific circumstances, such as emergency firefighting operations, as outlined in the explanatory statement. The exemption granted under this legislation permits the pilot in command of an aeroplane operated by Aerotech First Response Pty Ltd to fly over an occupied building at altitudes below 350 feet AGL and within 100 metres horizontally from the building without complying with the usual notification provisions. This exemption is specifically for emergency firefighting operations, allowing for rapid response and flexibility during critical situations. CASA can impose conditions on such exemptions under subregulation 11.205(1) to ensure that the safety of air navigation is not compromised. Additionally, any exemptions granted must be published on the internet and will cease no later than three years after their commencement, as stated in subregulation 11.230(1). Failure to comply with the conditions imposed by CASA or the terms of the exemption could result in legal consequences. Although the explanatory statement does not detail specific penalties, general provisions in the CASR 1998 and the Civil Aviation Act 1988 may apply. These could include fines or other enforcement actions for violations. The exemption is subject to the Legislative Instruments Act 2003 (LIA), which means it must be tabled and can be disallowed by the Parliament. It is noteworthy that no consultation was undertaken for this exemption as it applies narrowly to specific emergency operations. The exemption does not engage any of the applicable rights or freedoms as per the human rights implications outlined in the statement. It comes into effect on 1 December 2012 and will cease to have effect at the end of November 2015, as stipulated in the legislation. The exemption was made by a delegate of CASA under regulation 11.260 of CASR 1998, ensuring it adheres to the regulatory framework governing civil aviation safety in Australia.