CASA EX24/15 - Exemption — CASR Part 137 (incendiary dropping at or above 500 feet)

Link to law: https://www.comlaw.gov.au/Details/F2015L00088

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Instrument number CASA EX24/15
I, Peter William Boyd, Executive Manager, Standards Division, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).
[Signed P. Boyd]
Peter Boyd
Executive Manager
Standards Division
29 January 2015
Exemption — CASR Part 137 (incendiary dropping at or above 500 feet)
1          Duration
                 This instrument:
(a)   commences on 1 February 2015; and
(b)   expires at the end of January 2017.
2          Definitions
                 In this instrument:
                 controlled burning means the ignition of vegetation for firefighting or fire hazard reduction purposes.
                 emergency control authority means a State or Territory department or body with official responsibility for controlled burning.
                 incendiary dropping operation means an aircraft operation, authorised by the relevant emergency control authority, that is solely for 1 of the following:
(a)   dropping incendiaries for controlled burning;
(b)   training for such dropping.
                 operator means a person who is the holder of an Air Operator’s Certificate authorising an aircraft to engage in dropping incendiaries to initiate controlled burning.
                 pilot means the pilot in command of an aircraft engaged in an incendiary dropping operation.
3          Application
                 This instrument applies to each of the following in an incendiary dropping operation conducted at or above 500 feet for an emergency control authority in the course of controlled burning:
(a)   the pilot;
(b)   the operator.
4          CASR Part 137 — pilot exemption at or above 500 feet
        (1)     The pilot is exempt from compliance with Part 137 of CASR 1998.
        (2)     The exemption in subsection (1) is subject to the condition that the pilot must be qualified in accordance with Part 61 of CASR 1998 to carry out the operation.
5          CASR Part 137 — operator exemption at or above 500 feet
        (1)     The operator is exempt from compliance with Part 137 of CASR 1998.
        (2)     The exemption in subsection (1) is subject to the condition that the operator’s operations manual must have relevant procedures for the conduct of incendiary dropping operations, including for low flying if applicable.
        (3)     The procedures mentioned in subsection (2) must be acceptable to CASA.