Civil Aviation Order 20.21 Instrument 2015

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Legislation au F2015L00662 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Act 1988

Civil Aviation Order 20.21 Instrument 2015

 

Legislation

Subsection 98 (4A) of the Civil Aviation Act 1988 (the Act) empowers CASA to issue Civil Aviation Orders (CAOs) not inconsistent with the Act or the regulations. Subsection 98 (5A) of the Act provides that the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation of aircraft.

 

Subregulation 5 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that where CASA is empowered to issue certain instruments such as permissions, approvals or directions, it may do so in a CAO.

 

Subregulation 157 (1) of CAR 1988 provides that the pilot in command of an aircraft must not fly the aircraft over any city, town or populous area at a height lower than 1 000 feet, or any other area at a height lower than 500 feet. Paragraph 157 (4) (b) of CAR 1988 provides that subregulation 157 (1) does not apply if the aircraft is engaged in private operations or aerial work operations, being operations that require low flying, and the owner or operator of the aircraft has received a general permit or specific permit from CASA for the flight to be made at a lower height during such operations. A general permit issued by CASA under this paragraph 157 (4) (b) is an authorisation for agricultural operations mentioned in an air operator’s certificate.

 

Subregulation 235 (7) of CAR 1988 empowers CASA to give directions with respect to the method of loading of persons and goods (including fuel) on aircraft for the purpose of ensuring the safety of air navigation.

 

Regulation 308 of CAR 1988, which was repealed on 27 June 2011, allowed CASA to exempt aircraft or persons from compliance with specified provisions of CAR 1988. Despite the repeal of regulation 308 of CAR 1988, an exemption is continued in force by regulation 202.011 of the Civil Aviation Safety Regulations 1998 (CASR 1998).

 

Subregulation 11.160 (1) of CASR 1998, which replaced regulation 308 of CAR 1988, provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations or a CAO 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.

 

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Instrument

For paragraph 157 (4) (b), subregulation 235 (7) and regulation 308 of CAR 1988, CAO 20.21 was made on 2 December 2004 as Civil Aviation Amendment Order (No. R20) 2004 (the 2004 CAO), also known as F2005B00804, and was registered on the Federal Register of Legislative Instruments. Schedule 1 of the 2004 CAO contained the entire section 20.21 of the CAOs (also referred to as CAO 20.21). Subsequent amendments to the 2004 CAO, up to and including the Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1) (the Flight Crew Licensing Amendment) made in August 2014, were made under the abovementioned provisions of the Act, CAR 1988 and CASR 1998.

 

In late 2014, discussions between CASA and the Office of Parliamentary Counsel revealed that the existence of CAO 20.21 in a schedule to the 2004 CAO could create legislative ambiguity and was not best practice drafting methodology. To rectify this issue, CASA has decided to repeal the 2004 CAO and remake CAO 20.21 in its entirety by way of issuing the Civil Aviation Order 20.21 Instrument 2015 (the 2015 CAO).

 

Separately, the Flight Crew Licensing Amendment inadvertently broadened the applicability of CAO 20.21 due to changes in terminology from agricultural operations to aerial application operations. This resulted in all aerial application operations conducted by an aircraft falling within the scope of CAO 20.21. To rectify this issue, and to revert the applicability of CAO 20.21 to before the making of the Flight Crew Licensing Amendment, the 2015 CAO is expressed to only apply to rotorcraft engaged in agricultural operations, being the “broadcasting of chemicals, seeds, fertilizers and other substances from aircraft for agricultural purposes, including purposes of pest and disease control” as defined in subregulation 2 (1) of CAR 1988. 

 

The 2015 CAO also includes a new subsection 8 that requires a pilot in command of a rotorcraft conducting agricultural operations to hold an aerial application rating and an aerial application endorsement in accordance with current flight crew licensing requirements set out in Part 61 of CASR 1998. This compares to the previous requirement to hold an agricultural (helicopter) rating issued under CAO 40.6 which was repealed following the making of Part 61. A trainee pilot may also undertake agricultural operations in a rotorcraft in accordance with Part 61 and the 2015 CAO. The requirements of the 2015 CAO compared to the 2004 CAO, as amended, have not otherwise changed.

 

Should subsequent legislative amendments be made to CAO 20.21, those changes would be made to the 2015 CAO itself, rather than a schedule contained in the 2004 CAO.

 

Legislative Instruments Act 2003 (the LIA)

Under subregulation 5 (1) of CAR 1988, if CAR 1988 empowers CASA to issue instruments such as approvals or directions, CASA may do so in the form of CAOs. Under subsection 98 (5) of the Act, where regulations provide for an instrument to be issued in the form of a CAO, the CAO so made is declared to be a legislative instrument under subsection 98 (5AAA). The 2015 CAO is, therefore, a legislative instrument. It is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

The consequential amendments made to CAO 20.21 by the Flight Crew Licensing Amendment resulted in CAO 20.21 applying to a broader class of operations and aircraft than was intended. The 2015 CAO rectifies this situation by narrowing applicability only to agricultural operations conducted by rotorcraft. CASA’s policy on agricultural operations or rotorcraft has not changed and industry will not be disadvantaged by what is otherwise an administrative amendment. 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.

 

Regulation Impact Statement

The 2015 CAO does not substantially alter existing arrangements and is of a minor or machinery nature. The underlying provisions of CAO 20.21 have not changed, rather, the scope of the provisions have been limited to rotorcraft conducting agricultural operations. An additional provision has been introduced that reflects the requirement for rotorcraft pilots to hold an aerial application rating and an aerial application endorsement in order to conduct agricultural operations. This is not a new requirement, but merely restates the existing pilot licensing requirements under Part 61 of CASR 1998. 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 instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.

 

The 2015 CAO commences on the day of registration.

 

Subsection 7 of the 2015 CAO, which is an exemption from requirements mentioned in CAR 1988, will expire at the end of August 2017, by which time it is expected that regulatory requirements for rotorcraft agricultural operations will be incorporated into CASR 1998.

 

[Civil Aviation Order 20.21 Instrument 2015]

Attachment 1

Statement of Compatibility with Human Rights

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

 

Civil Aviation Order 20.21 Instrument 2015

 

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

CASA has decided to reissue Civil Aviation Order (CAO) 20.21 by repealing Civil Aviation Amendment Order (No. R20) 2004, as amended and making the Civil Aviation Order Instrument 2015. CAO 20.21 has been made in substantially similar terms, however, its scope has been narrowed to only apply to agricultural operations conducted in rotorcraft since other regulatory provisions in the Civil Aviation Safety Regulations 1998 (CASR 1998) cover aerial application operations conducted by aeroplanes. While work is being undertaken to include rotorcraft operations in CASR 1998, the reissued CAO 20.21 will clarify the regulatory requirements.

 

The remake also ensures that any ambiguity in the interpretation of CAO 20.21 with the advancement of drafting practice since 2004 will be avoided.

 

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 Act 1988 was enacted to provide for the regulation of civil aviation in Australia and to ensure the safety and efficiency of air navigation. This Act empowers the Civil Aviation Safety Authority (CASA) to issue Civil Aviation Orders (CAOs) that are not inconsistent with the Act or the regulations. The Civil Aviation Order 20.21 Instrument 2015 was introduced to address legislative ambiguity and to clarify the applicability of CAO 20.21. The Civil Aviation Order 20.21 Instrument 2015 was made by CASA, under the authority conferred by the Civil Aviation Act 1988, and it commenced on the day of its registration. The policy objective of this instrument is to ensure the safety and efficiency of air navigation by clarifying the regulatory requirements for rotorcraft engaged in agricultural operations. The Civil Aviation Order 20.21 Instrument 2015 was made in response to legislative ambiguity in the 2004 CAO and to correct the inadvertent broadening of CAO 20.21's applicability due to changes in terminology from agricultural operations to aerial application operations. By remaking CAO 20.21 in its entirety, CASA aimed to avoid any ambiguity in the interpretation of the order with the advancement of drafting practice since 2004. The 2015 CAO narrows the scope of CAO 20.21 to only apply to agricultural operations conducted in rotorcraft, as other regulatory provisions in the Civil Aviation Safety Regulations 1998 (CASR 1998) cover aerial application operations conducted by aeroplanes. The 2015 CAO also includes a new requirement for a pilot in command of a rotorcraft conducting agricultural operations to hold an aerial application rating and an aerial application endorsement in accordance with current flight crew licensing requirements set out in Part 61 of CASR 1998. This legislative instrument does not engage any of the applicable rights or freedoms and is compatible with human rights as it does not raise any human rights issues.

Scope and Application

The Civil Aviation Order 20.21 Instrument 2015 applies specifically to rotorcraft engaged in agricultural operations, which include activities such as the broadcasting of chemicals, seeds, fertilisers, and other substances for agricultural purposes. This legislative instrument is an administrative amendment to rectify legislative ambiguity and narrow the scope of the Civil Aviation Order 20.21, which previously applied to all aerial application operations. It is applicable to pilots in command of rotorcraft conducting agricultural operations and ensures they hold an aerial application rating and endorsement as per the flight crew licensing requirements in Part 61 of the Civil Aviation Safety Regulations 1998. The instrument also introduces a new subsection that mandates these qualifications for agricultural operations in rotorcraft. Geographically, it applies within the jurisdiction of Australia, administered by the Civil Aviation Safety Authority (CASA). The instrument is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in Parliament. It commences on the day of its registration and any exemptions under it will expire by the end of August 2017. This instrument does not engage any of the applicable rights or freedoms as stipulated in the Human Rights (Parliamentary Scrutiny) Act 2011 and is therefore compatible with human rights.

Key Provisions

The main operative sections of the Civil Aviation Order 20.21 Instrument 2015 (the 2015 CAO) reaffirm the existing provisions of CAO 20.21, with some modifications. Specifically, section 1 of the 2015 CAO repeals the previous Civil Aviation Amendment Order (No. R20) 2004 and replaces it with new provisions, while sections 2 to 7 retain the substance of the previous order but clarify its scope and applicability. The primary requirement introduced by the 2015 CAO is that rotorcraft conducting agricultural operations must be piloted by a person holding an aerial application rating and an aerial application endorsement, as stated in section 8. The obligations imposed by the 2015 CAO on parties governed by it include adhering to the specified height restrictions when flying over populated areas, obtaining the necessary permits or exemptions from the Civil Aviation Safety Authority (CASA) for low-altitude operations, and ensuring that pilots involved in agricultural operations possess the required ratings and endorsements. Additionally, the 2015 CAO mandates that rotorcraft engaged in agricultural operations must comply with the loading and safety regulations stipulated in the Civil Aviation Safety Regulations 1998 (CASR 1998). Any breach of the provisions within the 2015 CAO may result in various civil and criminal consequences. For instance, flying an aircraft below the mandated height over populated areas without the required permits could lead to enforcement actions, fines, or other penalties as per the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988 (CAR 1988). CASA has the authority to impose conditions on exemptions and to revoke or amend instruments as necessary to ensure the safety of air navigation. Furthermore, the 2015 CAO, being a legislative instrument, is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The maximum penalties for breaches of civil aviation laws can vary but may include substantial fines and potential imprisonment depending on the severity of the violation.

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Aviation Law
Instrument
Order
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Definitions & Interpretation
Regulatory 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.