Civil Aviation Order 29.10 Amendment Order (No. 1) 2006

Overview

The Civil Aviation Order 29.10 Amendment Order (No. 1) 2006 was enacted to streamline and enhance the efficiency of the processes involved in approving pilots for aerial stock mustering operations under the Civil Aviation Act 1988. This amendment addresses the inefficiencies in the current system where pilots must demonstrate their skills to Civil Aviation Safety Authority (CASA) Flying Operations Inspectors every two years for approval renewal. CASA identified these demonstrations as having little real safety value and being unnecessarily restrictive, given the specialist nature of the flying skills required for such operations. The Amendment Order aims to delegate the responsibility of pilot approvals to the industry, thereby reducing the burden on CASA and lowering costs associated with the approval process. The enactment of this Amendment Order by the Director of Aviation Safety on behalf of CASA is in line with the legislative framework provided by the Civil Aviation Act 1988 and the Legislative Instruments Act 2003, which declares certain Civil Aviation Orders as disallowable instruments. The Order was not subject to extensive consultation or a Regulation Impact Statement due to its minor and machinery nature. It seeks to replace the existing requirement for CASA to re-approve pilots after 20 hours with a simpler recency requirement, which achieves the same safety outcomes at a reduced cost to both industry and CASA.

Scope and Application

The Civil Aviation Order 29.10 Amendment Order (No. 1) 2006 amends Civil Aviation Order 29.10, which pertains to air service operations involving aircraft engaged in aerial stock mustering operations, particularly low-flying permissions. The amendment applies to pilots approved by the Civil Aviation Safety Authority (CASA) who seek to renew their approval for such operations. The amendment aims to streamline the renewal process by allowing approved pilots to renew their approvals themselves rather than requiring CASA to conduct costly and logistically challenging assessments in the operational environment. Additionally, it replaces the requirement for CASA to re-approve pilots after they have reached 20 flight hours with a recency requirement, which achieves the same safety outcomes at a reduced cost. This amendment is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament. The amendment is effective from the day after registration and was made by the Director of Aviation Safety on behalf of CASA.

Key Provisions

The key provisions of the Civil Aviation Order 29.10 Amendment Order (No. 1) 2006 (the Amendment Order) pertain to the operation of aircraft engaged in aerial stock mustering and the renewal of pilot approvals for such operations. The Amendment Order modifies the existing Civil Aviation Order 29.10 (CAO 29.10) by introducing changes that streamline the process for renewing the approval of "approved pilots" who conduct aerial stock mustering operations (paragraph 3). Under the Amendment Order, the responsibility for renewing the approval of these pilots is delegated to the industry, rather than requiring a CASA Flying Operations Inspector (FOI) to conduct the renewal process. This change is intended to reduce unnecessary restrictions and costs associated with the current process (subparagraph 12.5(b)(ii)). Additionally, the Amendment Order removes the requirement for CASA to re-approve pilots after they have reached 20 hours of flying time and replaces it with a recency requirement that achieves the same safety outcome at a lower cost (subparagraph 12.5(a)). The Amendment Order imposes specific obligations on the parties it governs. It requires that approved pilots seeking to renew their approval must satisfy the conditions set out in the amended CAO 29.10. These conditions include the requirement to demonstrate their ability in the operational environment to a CASA FOI every two years (subparagraph 12.5(b)(ii)). The industry, specifically the entities responsible for approving pilots, must ensure that these pilots meet the necessary qualifications and maintain the required level of aeronautical experience and recency (subparagraph 12.5(a)). Furthermore, the industry must adhere to the operational limitations and conditions specified in CAO 29.10 to ensure the safe conduct of aerial stock mustering operations. The Amendment Order also addresses the consequences for non-compliance with its provisions. While the explanatory statement does not explicitly outline specific offences or penalties for breaches of the amended CAO 29.10, it is reasonable to infer that violations of the conditions set out in the Order could lead to enforcement actions under the Civil Aviation Act 1988 (the Act) and the Civil Aviation Regulations 1988 (CAR 1988). Such actions could include the revocation of pilot approvals or other administrative penalties. The costs associated with non-compliance could also include financial penalties for any safety breaches, as well as the potential for operational disruptions in the aerial stock mustering industry. The exact penalties would depend on the nature and severity of the breach, as well as any relevant provisions in the Act and the CAR 1988.