CASA EX80/08 – Exemption – minimum height and lateral separation for operations

Overview

The Civil Aviation Safety Regulations 1998 were enacted to address safety concerns in air navigation and operations in Australia. The Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the Act, aims to ensure the safety of air navigation. One such regulation, subregulation 137.140(3) of the Civil Aviation Safety Regulations 1998, mandates that pilots in command of aeroplanes engaged in application operations must not fly below 350 feet above ground level (AGL) when closer than 100 metres horizontally from an occupied building unless specific notification provisions are met. To accommodate emergency firefighting operations, an exemption has been introduced, allowing pilots to fly below this height during such operations without the need for prior notification. This exemption, made by a delegate of the Civil Aviation Safety Authority (CASA) under regulation 11.260 of the Civil Aviation Safety Regulations 1998, is subject to disallowance under the Legislative Instruments Act 2003 and is set to remain in effect until the end of November 2010.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide regulations for ensuring the safety of air navigation as per the Civil Aviation Act 1988. Subregulation 137.140(3) of the CASR 1998 generally requires pilots to maintain a minimum altitude and separation distance when flying over occupied buildings. However, this regulation is subject to an exemption that allows pilots engaged in emergency firefighting operations to fly below the specified minimum height and lateral separation without complying with the notification provisions. This exemption is applicable solely to the pilot in command of an aeroplane involved in firefighting missions and the occupants of the buildings over which such flights may occur. The exemption is a disallowable instrument under the Legislative Instruments Act 2003 and was issued by a delegate of the Civil Aviation Safety Authority (CASA) under regulation 11.260 of CASR 1998. It commenced on the day following its registration and remained in effect until the end of November 2010. The exemption is subject to disallowance by Parliament under the Legislative Instruments Act 2003.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) include specific provisions concerning the minimum height and lateral separation requirements for aircraft operations. Under subsection 98(1) of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that promote air navigation safety. Specifically, subregulation 137.140(3) of the CASR 1998 mandates that the pilot in command of an aeroplane engaged in an application operation must not fly below 350 feet above ground level (AGL) while closer than 100 metres horizontally from an occupied building unless certain notification provisions are met. This regulation is designed to safeguard the safety of people on the ground. However, the legislation includes an exemption that allows the pilot in command of an aeroplane engaged in firefighting operations to fly below the 350 feet AGL limit and within 100 metres of an occupied building without complying with the notification requirements. This exemption is intended to enable rapid and effective responses during emergency firefighting operations, where adherence to the standard notification provisions may not be feasible. The exemption applies only to the pilot in command of an aeroplane engaged in firefighting operations and to the occupants of buildings over which the flights will take place. The creation of this exemption is subject to the Legislative Instruments Act 2003 (LIA), which governs the making, tabling, and disallowance of legislative instruments. Under subparagraph 6(d)(i) of the LIA, this exemption is considered a disallowable instrument, as it is an exemption under regulation 11.160 of the CASR 1998. As a disallowable instrument, the exemption is required to be tabled in Parliament and can be subject to disallowance under sections 38 and 42 of the LIA. The exemption has been made by a delegate of the Civil Aviation Safety Authority (CASA) under regulation 11.260 of the CASR 1998. The exemption imposes specific obligations on the pilot in command of an aeroplane engaged in firefighting operations, allowing them to operate below the usual minimum height and lateral separation requirements. This is intended to facilitate effective firefighting efforts without the delay that compliance with the notification requirements would entail. The exemption also affects the occupants of buildings over which these flights occur, who must be aware of the potential for reduced clearance and increased noise during emergency operations. The exemption is in effect from the day after it is registered until the end of November 2010, as stated in the explanatory statement.