I, john francis mcCORMICK, Director of Aviation Safety, on behalf of CASA, make this instrument under paragraph 28BA (1) (b) and subsection 98 (4A) of the Civil Aviation Act 1988 and subregulations 5 (1), 207 (2), 215 (3), 217 (1) and 308 (1) of the Civil Aviation Regulations 1988.
[Signed John F. McCormick]
John F. McCormick
Director of Aviation Safety
5 March 2010
Civil Aviation Order 82.6 Amendment Order (No. 1) 2010
1          Name of instrument
            This instrument is the Civil Aviation Order 82.6 Amendment Order (No. 1) 2010 (the Amendment Order).
2          Commencement
            This instrument commences on 5 March 2010.
3          Amendment of Civil Aviation Order 82.6 Instrument 2007
            Schedule 1 amends Civil Aviation Order 82.6 Instrument 2007 (CAO 82.6).
4          Revocation and revival
   (1)     Schedule 1 of this instrument is revoked on 1 July 2010.
   (2)     The definition of aerial fire fighting in CAO 82.6, and subparagraph 6 (a) (i) of CAO 82.6, as in force immediately before the commencement of this instrument, revive on 1 July 2010 as if the definition and the subparagraph had not been affected by the amendments in Schedule 1.
Note   This provision allows the definition of aerial fire fighting, and the provision extending the exemption from LSALT limitation under subregulation 174B (1) of CAR 1988 to aerial fire fighting support, to return to their previous form and content as soon as the Schedule 1 amendments cease. Without this provision, the previous position would not revive when the trial ends. However, if the trial is successful, a further CAO amendment made before 1 July 2010 may prevent the revival of the previous provisions and entrench the new provisions.
Schedule 1          Amendments
[1]        Subsection 1, definition of aerial fire fighting
substitute
aerial fire fighting means an operation, in an operational area for a fire, to fight the fire from the air using:
(a)   a flight crew of at least 1 pilot and 1 aircrew member; and
(b)   either:
             (i)  incendiaries for controlled burning dropped from the helicopter by a person specifically carried for that purpose, provided that the operation is supported by an operational safety case approved in writing by CASA; or
Note   If acceptable to CASA, an operational safety case may be in the form of, or include, relevant additions or supplements to the operator’s operations manual for the aerial fire fighting.
            (ii)  a helicopter equipped with a belly tank that is filled and refilled with water, fire retardant or similar substance taken from:
(A)    a source on the ground while the helicopter is on the ground; or
(B)    a portable tank at a standard HLS with ground lighting while the helicopter is in the hover using the helicopter’s on-board pump; or
Note   For standard HLS, see CAAP 92-2. This is not a HLS-NVG standard.
[2]        Sub-subparagraph 6 (a) (i)
substitute
             (i)  search and rescue, law enforcement, emergency medical services, aerial fire fighting, or, for an operation that is supported by an operational safety case approved in writing by CASA, aerial fire fighting support limited to the carriage of persons to map fires;
Note   If acceptable to CASA, an operational safety case may be in the form of, or include, relevant additions or supplements to the operator’s operations manual for the aerial fire fighting support.