Document ID: chunk:federal_register_of_legislation:F2024L01559:body:0:p1
Version: federal_register_of_legislation:F2024L01559
Segment Type: other
Provision Reference: 
Character Range: 0–3000

Instrument number CASA EX87/24
I, STEVEN JAMES CAMPBELL, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed S. Campbell]
Steven Campbell
Executive Manager, National Operations & Standards
28 November 2024
CASA EX87/24 – Amendment of CASA EX92/22 – Exemptions and Directions Instrument 2024

1 Name
        This instrument is CASA EX87/24 – Amendment of CASA EX92/22 – Exemptions and Directions Instrument 2024.

2 Commencement
        This instrument commences on 1 December 2024.

3 Amendment of instrument CASA EX92/22
        Schedule 1 amends CASA EX92/22 – Part 137 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2022.

Schedule 1 Amendments

[1] After Part 3
insert

         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 permitted by subregulation 137.140(3) of CASR.

13 Exemption
        A relevant pilot is exempted from compliance with subregulation 137.140(3) of CASR.
Note   Under subregulation 137.140(3) of CASR, it is an offence if the 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),