Document ID: chunk:federal_register_of_legislation:F2024C00341:body:0:p58
Version: federal_register_of_legislation:F2024C00341
Segment Type: other
Provision Reference: 
Character Range: 144302–146986

any part of the aircraft; or
(b) affect the operation of any part of the aircraft.
       (4) The size to weight ratio of each individual object to be dropped must be such that, when released, the object immediately drops away from the aircraft.
       (5) The dimensions of the site on to which the substance or object is to be dropped (the drop site) must be such that there is no risk of the substance or object falling outside the site.
       (6) Subsection (5) does not apply to the following:
(a) an ESO; or
(b) the dropping of leaflets, liquids, powders or fine grains;
        provided that what falls outside the drop site does not create a hazard for persons or property anywhere.
       (7) A drop site must be cleared of all persons and livestock before a substance or object is dropped onto the site.
       (8) Subsection (7) does not apply if:
(a) a risk assessment, performed in accordance with Chapter 13, establishes that dropping the substance or object on the site, in the circumstances, does not constitute an unacceptable risk of injury or damage to any person, property or livestock on the site; or
(b) the operation is an ESO.
       (9) The dropping of a substance or object must be controlled by a task specialist.
       (10) The pilot in command of the aircraft may be the task specialist for the dropping but only if the pilot can perform the role:
(a) while remaining at all times in the normal flying crew position; and
(b) without in any way affecting the pilot's ability to control the aircraft normally.
       (11) During the dropping phase of a dispensing operation in which the pilot in command is not the task specialist:
(a) the pilot in command and the task specialist must maintain effective communication with each other; and
(b) the substance or object may only be dropped with the expressed consent of the pilot in command.

Division 2 NVIS firebombing

16.04 Application
        This Division applies to an NVIS operator, and the pilot in command of the operator's aircraft, when engaged in NVIS firebombing (the operation).

16.05 Compliance
       (1) For subregulation 138.425 (2), the NVIS operator, and the pilot in command, of an aircraft engaged in NVIS firebombing must each ensure that the requirements of this Division are complied with.
       (2) An aeroplane may only be used in NVIS firebombing below the prescribed height if:
(a) the operation is the subject of the NVIS operator's detailed risk assessment given to CASA; and
(b) the NVIS operator satisfies CASA that the operator and the pilot in command are demonstrably capable and competent to conduct and carry out the operation; and
(c) the NVIS operator holds a CASA