Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — minimum height and lateral separation for operations
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Subregulation 137.140 (3) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that the pilot in command of an aeroplane engaged in an application operation must not fly less than 350 feet AGL while closer than 100 metres, measured horizontally from an occupied building unless certain notification provisions are complied with.
This exemption permits the pilot in command of an aeroplane engaged in an application operation to fly over an occupied building below 350 feet AGL while closer than 100 metres while not complying with the notification provisions during emergency firefighting operations.
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instrument Act 2003 (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 11.215 of CASR 1998, an exemption under regulation 11.160 is a disallowable instrument. As a legislative instrument, the exemption is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under 17 of the LIA has not been undertaken as the exemption would apply only to the pilot in command of an aeroplane engaged in firefighting operations and to occupants of buildings over which the flights (if they occur) will take place.
The exemption commences on the day after it is registered and stops having effect at the end of November 2010.
The exemption has been made by a delegate of CASA under regulation 11.260 of CASR 1998.
[Instrument number CASA EX80/08]