CASA EX70/15 - Exemption — from holding an aerial application rating for aerial baiting operations and from Part 137 of CASR 1998

Link to law: https://www.comlaw.gov.au/Details/F2015L00619

Instrument number CASA EX70/15
I, MARK ALAN SKIDMORE, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998) and subsection 33 (3) of the Acts Interpretation Act 1901.
[Signed M. Skidmore]
Mark Skidmore AM
Director of Aviation Safety
30 April 2015
Exemption — from holding an aerial application rating for aerial baiting operations and from Part 137 of CASR 1998
1          Duration
                 This instrument:
(a)   commences on 1 May 2015; and
(b)   expires at the end of April 2016, as if it had been repealed by another instrument.
2          Repeal
                 Instrument CASA EX63/12 is repealed.
3          Definitions
                 In this instrument:
aerial baiting operation means an aircraft operation that is solely for 1 of the following:
(a)   dropping poison bait to eradicate feral animals;
(b)   training for such dropping;
                 but does not include an operation for mosquito control or eradication.
operator means a person who is the holder of an air operator’s certificate (AOC) authorising an aircraft to engage in dropping poison bait to eradicate feral animals.
pilot means the pilot in command of an aircraft engaged in an aerial baiting operation.
4          Application
                 This instrument applies to each of the following engaged in an aerial baiting operation:
(a)   the pilot;
(b)   the operator.
5          Pilot exemptions — aerial baiting
                 The pilot is exempt from compliance with:
(a)   subregulation 61.065 (1) of CASR 1998, but only in relation to the requirement to hold an aerial application rating for conducting the activities mentioned in Column 1 for Items 5 and 6 of Table 61.375; and
(b)   subregulation 61.375 (7) of CASR 1998, but only in relation to the requirement to hold an aerial application rating for conducting the activities mentioned in Column 1 for Items 5 and 6 of Table 61.375; and
(c)   subregulation 150 (2) of the Civil Aviation Regulations 1988 (CAR 1988) in relation to compliance with directions issued by CASA for operations referred to in subparagraph 150 (2) (a) (i).
6          Pilot exemptions — Part 137 of CASR 1998
                 The pilot of an aeroplane is exempt from compliance with Part 137 of CASR 1998.
7          Operator exemptions — Part 137 of CASR 1998
                 The operator of an aeroplane is exempt from compliance with Part 137 of CASR 1998.
8          Conditions — pilots
        (1)     Each exemption mentioned in sections 5 and 6 is subject to the condition that the pilot complies with the requirements of Subpart 61.Q of CASR 1998.
        (2)     Each exemption mentioned in sections 5 and 6 is subject to the condition that, for an operation below 500 ft, the operator for whom the pilot is flying must have a general or specific permit from CASA permitting aerial work in the form of aerial baiting below 500 ft.
Note   Under regulation 157 of CAR 1988, it is an offence for a pilot in command of an aircraft to fly the aircraft over any city, town or populous area at a height lower than 1 000 ft, or any other area at a height lower than 500 ft, unless, among other things, the operator has received a general or specific permit from CASA issued under paragraph 157 (4) (b) of CAR 1988.
9          Conditions — operators
                 The exemption in section 7 is subject to the conditions set out in Schedule 1.
Schedule 1
        1     For an operation below 500 ft, the operator must have a general or specific permit from CASA permitting aerial work in the form of aerial baiting below 500 ft.
Note   For the issue of a permit under paragraph 157 (4) (b) of CAR 1988, a low-level rating and a low-level endorsement for the category of aircraft being operated is required.
        2     The operator’s operations manual must have relevant procedures for the conduct of aerial baiting operations, and training for such operations, including, if applicable, for aerial baiting operations below 500 ft (relevant procedures).
        3     For clause 2, the relevant procedures must include procedures for the operator and the pilot:
(a)   to identify the hazards associated with each particular aerial baiting operation; and
(b)   to assess the extent and nature of those hazards; and
(c)   to put in place processes which mitigate the risks that the hazards create while carrying out the operation; and
(d)   to ensure when additional operating crew are carried for the conduct of the flight, that communication and coordination between the flight crew and the additional crew is carried out in a safe and effective manner for both normal and emergency operations as required; and
(e)   to ensure that the pilot holds a low-level rating for the category of aircraft being operated before conducting an aerial baiting operation below 500 ft.
        4     Records of risk management processes must be preserved for at least 5 years and must be made available for inspection by CASA for audit and safety record management.
Note 1   Under subregulations 215 (6) and (8) of CAR 1988, an operator must provide CASA with a copy of his or her operations manual and amendments, including the relevant procedures mentioned in clause 1.
Note 2   A pilot and an operator cannot take advantage of this instrument of exemption unless all of the conditions are complied with, including the condition in clause 2. Use of the on-going low flying permission in Civil Aviation Order 20.21 is not available.
 
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