Instrument number CASA EX02/12
I, john francis mccormick, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).
[Signed John F. McCormick]
John F. McCormick
Director of Aviation Safety
18 January 2012
Exemption — agricultural rating (incendiary dropping at or above 500 feet)
Exemption — CASR Part 137 (incendiary dropping above or below 500 feet)
1          Duration
                 This instrument:
(a)   commences on 1 February 2012; and
(b)   stops having effect at the end of 31 January 2015.
2          Definitions
                 In this instrument:
                 CAR 1988 means the Civil Aviation Regulations 1988.
                 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:
(a)   the pilot;
(b)   the operator.
4          Agricultural rating — pilot exemption at or above 500 feet only
                 For an incendiary dropping operation at or above 500 feet, the pilot is exempt from compliance with:
(a)   paragraph 5.01 (2) (a) of CAR 1988; and
(b)   paragraph 4.11 of Civil Aviation Order (CAO) 29.5 to the extent that it requires the pilot to comply with the following requirements of Appendix I in CAO 29.5 for dropping of incendiaries to initiate controlled burning:
             (i)  hold an agricultural pilot (aeroplane) rating or an agricultural pilot (helicopter) rating; or
            (ii)  have completed training specified in paragraph 1 of Appendix I in CAO 29.10 and certification in accordance with paragraph 1 of Appendix II in CAO 29.10.
Note    The exemption applies only for incendiary dropping at or above 500 feet. The pilot must still have a commercial pilot licence and 250 hours as pilot in command of aeroplanes or helicopters, as appropriate.
5          CASR Part 137 — pilot exemption above or below 500 feet
                 The pilot is exempt from compliance with Part 137 of CASR 1998.
Note    The pilot is required to comply with all other applicable legislation, including CAR 1988 and the CAOs.
6          CASR Part 137 — operator exemption above or below 500 feet
        (1)     The operator is exempt from compliance with Part 137 of CASR 1998.
Note   The operator is required to comply with all other applicable legislation, including CAR 1988 and the CAOs, and may require a CASA low-flying permit under regulation 157 of CAR 1988.
        (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.