Document ID: chunk:federal_register_of_legislation:F2024L01559:body:0:p2
Version: federal_register_of_legislation:F2024L01559
Segment Type: other
Provision Reference: 
Character Range: 2751–5198

pilot in command of an aeroplane engaged in an aerial application operation, in an area that is not a populous area, flies lower than 350 feet AGL, while closer than 100 metres horizontally, from an occupied building. Under subregulation 137.140(4), the aeroplane may fly closer than so provided for if a prescribed written or verbal notice was given to the occupier and the occupier did not object to the operation. However, fires often require an immediate response. Delays through adherence to notice and consent procedures can endanger life and property, both on the ground and in the air. Conditions and directions, specified below, are designed to address these issues.

14 Conditions — the relevant operation
        The exemption under section 13 is subject to the following conditions:
 1.       the relevant operation must be conducted without:
           (i) adverse effects on the safety of air navigation; or
           (ii) unacceptable risks to the safety of any person in the relevant aeroplane; or
           (iii) unacceptable risks to the safety of any person on the ground;
 1.       the relevant operation may only be targeted on or at a specific occupied building, if:
           (i) the Authority has given express instructions to that effect; or
          Note   It is for the Authority, in the exigencies of an emergency service firefighting operation, to determine the appropriate means of providing such instructions.
           (ii) in the absence of such instructions — the relevant pilot, on the scene, reasonably considers that such targeting is necessary to prevent the spread of fire; or
           (iii) the relevant pilot reasonably believes that the building is not, or is no longer, an occupied building, and such targeting may prevent the spread of fire.

15 Directions — the relevant operator
        A relevant operator is directed to ensure that:
(a) their relevant pilot complies with the conditions in this instrument; and
(b) on and from 31 March 2025 — their operations manual contains appropriate procedures for the purposes of paragraph (a).
Note   The 4-month grace period is designed to give relevant operators time to draft procedures, submit them to CASA for approval, and receive approval while continuing to use their existing or adapted procedures for relevant operations. The conditions under section 14, and the direction under paragraph 15(a), apply immediately on and from 1 December 2024.