Civil Aviation Order 29.10 - Air service operations - Aircraft engaged in aerial stock mustering operations - Low flying permission (02/12/2004)

Overview

The Civil Aviation Order 29.10, enacted under the Civil Aviation Act 1988, addresses the regulation of aircraft operations, specifically targeting aerial mustering operations which involve the use of aircraft to manage livestock from below 500 feet above ground level. This legislation was introduced to manage the unique challenges and risks associated with low-flying operations conducted for agricultural purposes, ensuring safety and compliance with aviation regulations. The Civil Aviation Order 29.10 is a legislative instrument prepared by the Civil Aviation Safety Authority, which is the enforcing body responsible for ensuring adherence to these aviation standards and practices. The policy objective of this order is to provide clear guidelines and permissions for low-flying operations while maintaining the safety of the public and the integrity of the airspace. This order outlines the conditions under which aerial mustering operations can be conducted, including the need for specific licensing and pilot qualifications, as well as operational limitations designed to mitigate risks associated with such activities. It also specifies the requirement for obtaining written permission for operations near buildings, ensuring that landowners are informed and can object to operations that may impact their property. This regulatory framework aims to balance the needs of the agricultural sector with the imperative to protect public safety and property within the Australian airspace.

Scope and Application

This Civil Aviation Order applies to registered aircraft engaged in aerial mustering operations, which involve the use of aircraft to locate, direct, and concentrate livestock while flying below 500 feet above ground level. This includes both commercial operations, which must be classified as an aerial work operation and authorised by an aerial work licence, and private operations over land owned by the aircraft's owner. The Order sets out specific conditions for low-flying permissions, requiring compliance with operational limitations and pilot qualifications, and mandates that pilots must not carry more than one other person during such operations unless that person is essential to the task. It also includes a requirement for written notice to be given to building occupants at least 48 hours prior to flights conducted within 600 metres of their premises, unless an objection is received. While the Order grants permission for lower flight heights than typically prescribed, it does not confer any rights over the land to the operator and does not affect common law rights of landowners or occupants. This Order extends to all Commonwealth areas in Australia, and its provisions may be further detailed or modified through subordinate instruments.

Key Provisions

The Civil Aviation Order 29.10, as amended, pertains to aircraft involved in aerial mustering operations, specifically granting permission for low-flying activities. Section 1 clarifies that the order applies to registered aircraft engaged in aerial mustering operations, which involve the use of aircraft to locate, direct, and concentrate livestock while flying below 500 feet above ground level. Section 2 provides definitions relevant to the order, such as 'aerial mustering' and 'kind of aircraft'. Section 3 outlines that aerial mustering can be classified as an aerial work operation and must be included in an operator’s aerial work licence or conducted as a private operation. Section 4 grants permission for aircraft to operate at lower heights than normally prescribed, provided they are engaged in aerial mustering operations or training, but subject to certain conditions. Section 5 specifies operational limitations, such as restricting the number of passengers a pilot can carry during aerial mustering operations to one essential person only. Section 6 mandates that pilots must be qualified under Part 61 of the Civil Aviation Safety Regulations 1998 to conduct aerial mustering operations. The obligations imposed by the Civil Aviation Order 29.10 include ensuring that any aircraft engaged in aerial mustering operations are registered under the Civil Aviation Safety Regulations 1998 and that operators have the necessary licences and permissions. Operators must also comply with the conditions set forth for low-flying permissions, which include providing written notice to building occupants at least 48 hours before the operation and ensuring that the aircraft can avoid endangering people or property in case of an emergency. Pilots must adhere to the operational limitations, such as carrying no more than one essential person during aerial mustering operations, and must be properly qualified to conduct these operations. Failure to comply with the provisions of the Civil Aviation Order 29.10 may result in various consequences. Section 4.3 specifically mentions that if an aerial mustering operation is conducted without providing the required written notice to building occupants, or if an objection is raised by the occupants, the operation may be prohibited. Additionally, the order does not grant any rights against land owners or affect their common law rights. Any breach of the operational limitations or failure to meet the pilot qualification requirements could also lead to regulatory action, fines, or other penalties as prescribed by the Civil Aviation Regulations 1988 and other relevant legislation.