Document ID: chunk:federal_register_of_legislation:F2024C01187:body:0:p4
Version: federal_register_of_legislation:F2024C01187
Segment Type: other
Provision Reference: 
Character Range: 8798–11675

who is entitled to, and who takes, the benefit of the exemptions under Part 16 of CASA EX32/24; and
(b) only to the extent of those exemptions as they apply to the pilot in command.

10 Conditions
       (1) For a miscellaneous dropping operation, the operator must:
(a) have procedures in their operations manual, as in force from time to time, for the particular kind of miscellaneous dropping operation conducted by the pilot in command; and
(b) ensure that the pilot in command is compliant with the conditions imposed on the pilot in command under Part 16 of CASA EX32/24.
       (2) To the extent that the operator took advantage of CASA EX136/20 — Incendiary Dropping Operations (Aerial Application Rating) Instrument 2020 (CASA EX136/20) before it was repealed, the operator must continue to preserve for 3 years from their creation, and make available to CASA for inspection on request, any records of risk management processes that were required under subsection 11 (4) of CASA EX136/20 to be so preserved and made available.
Note   Section 3 of CASA EX65/23 — Amendment of CASA EX66/21 (for Pilots in Command in Miscellaneous Dropping Operations) Instrument 2023 repealed CASA EX136/20.

         Part 4 Minimum height and lateral separation — firefighting operations

11 Definitions, etc.
        In this Part:
Authority means the authority of the Commonwealth, a State, or a Territory with whom the relevant operator is under an arrangement or agreement.
authority of the Commonwealth, a State, or a Territory means an authority prescribed by the Part 138 Manual of Standards for the purposes of paragraph (b) of the definition of emergency service operation in the CASR Dictionary.
emergency service firefighting operation means an operation that is conducted:
(a) under the authority of an AOC that authorises aerial application operations; and
(b) under an arrangement or agreement between the AOC holder and the Authority; and
(c) at the direction of the Authority, for the purpose of dropping water or a retardant over either or both of the following:
           (i) an occupied building;
           (ii) an area that is closer than 100 metres, measured horizontally, from an occupied building.
relevant aeroplane means a relevant operator's aeroplane.
relevant operation means an aerial application operation that is an emergency service firefighting operation.
relevant operator means an operator who conducts a relevant operation.
relevant pilot means the pilot in command of a relevant aeroplane.

12 Application of Part
        This Part applies to a relevant pilot and a relevant operator for a relevant operation, according to its terms.
Note   This instrument has no application in relation to dropping water or a retardant outside 100 metres, measured horizontally, from an occupied building in an area that is not a populous area as this is already