Document ID: chunk:federal_register_of_legislation:F2005B00906:body:0:p1
Version: federal_register_of_legislation:F2005B00906
Segment Type: other
Provision Reference: 
Character Range: 0–2966

Civil Aviation Amendment Order
(No. R72) 2004

I, WILLIAM BRUCE BYRON, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under subregulation 308 (1) of the Civil Aviation Regulations 1988.

[Signed Bruce Byron]

Bruce Byron
Director of Aviation Safety and
   Chief Executive Officer

12 December 2004

__________________

1 Name of Order
  This Order is the Civil Aviation Amendment Order (No. R72) 2004.
2 Commencement
  This Order commences on gazettal.
       3                      Replacement of section 95.23 of the Civil Aviation Orders
  Section 95.23 of the Civil Aviation Orders is omitted and a new section substituted as set out in Schedule 1.

Schedule 1 Substitution of section 95.23 of the Civil Aviation Orders

SECTION 95.23

EXEMPTION FROM SUBREGULATIONS 178 (1) AND (2) OF THE CIVIL AVIATION REGULATIONS 1988 — FOR OFFSHORE AND COASTAL SURVEILLANCE AND SEARCH AND RESCUE OPERATIONS
1 APPLICATION
This section applies to offshore and coastal surveillance and search and rescue operations conducted on behalf of Australia.
2 DEFINITIONS
In this section:
coastal surveillance means littoral search and identification operations conducted up to 3 nautical miles seawards of the coast on behalf of Australia.
offshore surveillance means over water search and identification operations other than coastal surveillance operations.
3 EXEMPTION
3.1 Under regulation 308 of the Civil Aviation Regulations 1988, CASA exempts aircraft operated on behalf of Australia in offshore and coastal surveillance and search and rescue operations from compliance with subregulations 178 (1) and (2) of the Civil Aviation Regulations 1988.
4 CONDITIONS
4.1 Descent below lowest safe altitude shall not be commenced unless the pilot in command has determined that neither the Australian mainland nor obstacles having a greater height than 300 feet above sea level are within an area 20 nautical miles ahead of the aircraft along track and 5 nautical miles either side of track. Subsequent operations below lowest safe altitude at night shall be conducted no closer than 5 nautical miles from the Australian mainland and all obstacles having a height greater than 300 feet above sea level. These distances shall be in addition to tolerances applied to navigation equipment and techniques used to determine the aircraft's position before descent from lowest safe altitude.
4.2 Conditions applied to night offshore surveillance operations are as follows:
         (a) minimum altitude shall be 600 feet, derived from the lesser reading of:
 (i) raft radar altimeter; and
 (ii) the aircraft pressure altimeter set to the lowest forecast QNH for the area;
         (b) the pilot in command shall be qualified for coastal surveillance operations. To conduct operations below lowest safe altitude, he shall have:
 (i) a minimum of 100 hours experience as pilot in command or acting in command under supervision at night; and
 (ii) a