CASA EX63/12 - Exemption - agricultural rating - aerial baiting; Exemption - CASR Part 137 - aerial baiting

Link to law: https://www.comlaw.gov.au/Details/F2012L00950

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Instrument number CASA EX63/12
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
26 April 2012
Exemption — agricultural rating – aerial baiting
Exemption — CASR Part 137 – aerial baiting
1          Duration
                 This instrument:
(a)   commences on 1 May 2012; and
(b)   stops having effect at the end of 30 April 2015.
2          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) for aerial work, 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.
3          Application
                 This instrument applies to each of the following engaged in an aerial baiting operation:
(a)   the pilot;
(b)   the operator.
4          Aerial baiting — pilot exemption
                 The pilot is exempt from compliance with:
(a)   paragraph 5.01 (2) (a) of the Civil Aviation Regulations 1988 (CAR 1988); and
(b)   subregulation 150 (2) of CAR 1988 in relation to compliance with directions issued by CASA for operations referred to in subparagraph 150 (2) (a) (i).
5          CASR Part 137 — aerial baiting – pilot exemption
                 The pilot is exempt from compliance with Part 137 of CASR 1998.
6          Condition — pilots
                 Each exemption in sections 4 and 5 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.
7          CASR Part 137 — aerial baiting – operator exemption
                 The operator is exempt from compliance with Part 137 of CASR 1998.
8          Conditions — operators
                 The exemption in section 7 is subject to the conditions set out in Schedule 1.
Schedule 1
        1     The operator’s operations manual must have relevant procedures for the conduct of aerial baiting operations, and training for such operations, including for operations below 500 ft, if applicable.
        2     For an operation below 500 ft, the operator must have a general or specific permit from CASA:
(a)   permitting aerial work in the form of aerial baiting below 500 ft; and
(b)   for a permit issued on or after 26 May 2010 — stating the minimum permitted height at which the operation may be conducted.
        3     For clause 1, the relevant procedures must include procedures for the operator and the pilot in command:
(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 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.
        4     The operator must include the risk management processes required under clause 3 in the operations manual.
        5     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 exemption instrument 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.