{"id":"F2005B00839","name":"Civil Aviation Order 29.10 - Air service operations - Aircraft engaged in aerial stock mustering operations - Low flying permission (02/12/2004)","slug":"civil-aviation-order-29-10-air-service-operations-aircraft-engaged-in-aerial-stock-mustering-operati","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32245,"registerId":"commonwealth-F2005B00839-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Aviation Order 29.10 - Air service operations - Aircraft engaged in aerial stock mustering operations - Low flying permission (02/12/2004)","content":"Civil Aviation Order 29.10 \nas amended\n\nmade under regulation 157 of the Civil Aviation Regulations 1988.\n\nThis compilation was prepared on 15 January 2015 taking into account amendments up to Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1).\n\nPrepared by the Legislative Drafting Section, Legal Branch, Legal Services Division, Civil Aviation Safety Authority, Canberra.\n\nContents\n\nAir service operations — aircraft engaged in aerial stock mustering operations – low flying permission\n\nPage\n\n1...Application.........................................................\n\n2...Definitions.........................................................\n\n3...Classification of operations.............................................\n\n4...Low flying permission.................................................\n\n5...Operational limitations.................................................\n\n6...Pilot qualification.....................................................\n\nNotes to Civil Aviation Order 29.10........................................\n\nSection 29.10\n\nAir service operations — aircraft engaged in aerial mustering operations – low flying permission\n\n1 Application\n\nThis section applies to registered aircraft engaged in aerial mustering operations.\n\n2 Definitions\n\nIn this section, unless the contrary intention appears:\n\n> aerial mustering means the use of aircraft to locate, direct and concentrate livestock while the aircraft is flying below 500 feet above ground level and for related training operations.\n\n> kind of aircraft means 1 of the following, an aeroplane, a helicopter or a registered gyroplane.\n\nregistered means registered under the Civil Aviation Safety Regulations 1998.\n\n3 Classification of operations\n\n3.1 Where aerial mustering is classified as an aerial work operation an entry shall be made in an operator’s aerial work licence authorising aerial mustering as a specific operation.\n\n3.2 Aerial mustering may be conducted as a private operation over land occupied by the owner of the aircraft or as an aerial work operation.\n\n> Note In the case of the private operations subregulation 2 (9) of the Civil Aviation Regulations 1988 may be applicable in determining the ownership of the aircraft.\n\n4 Low flying permission\n\n4.1 Pursuant to paragraph 157 (4) (b) of the Civil Aviation Regulations 1988, permission is hereby granted for aircraft to operate at lower heights than prescribed in paragraph 157 (1) (b) of those regulations whilst engaged in:\n\n(a) aerial mustering operations authorised by an aerial work licence or classified as a private operation in accordance with subparagraph 2 (7) (d) (iii) of those regulations; and\n\n(b) training flights in preparation for such operations.\n\n4.2 The permission granted in paragraph 4.1 shall be subject to compliance with the requirements and limitations specified in this section.\n\n4.3 Notwithstanding the permission granted in paragraph 4.1, aircraft engaged on aerial mustering operations and training relating thereto shall not be flown below a height of 500 feet above the terrain and within 600 metres horizontally of a building occupied by persons unless a notice in writing of such aerial mustering operations or training flights has been given to the residing owner, or the residing tenant of the building not less than 48 hours prior to the proposed flights and no objection to the flights is made.\n\n4.4 Where operations are conducted in accordance with the conditions specified in paragraph 4.3, the pilot shall not operate the aircraft over or in proximity to the building unless it is operated in a pattern and at such an altitude that in the event of an emergency it can avoid endangering persons or property on the ground.\n\n> Note Attention is directed to the fact that the permission granted in this paragraph does not confer on an operator any rights as against the owner of any land over which the operations may be conducted, or prejudice in any way the rights and remedies which any person may have at common law respect of any injury to persons or damage to property caused directly or indirectly by the operator.\n\n5 Operational limitations\n\n5.2 During an aerial mustering operation, a pilot must not carry more than 1 other person, and that person must be essential to the successful conduct of the operation.\n\n6 Pilot qualification\n\nA pilot must not engage in an aerial mustering operation unless the pilot is authorised under Part 61 of the Civil Aviation Safety Regulations 1998 to conduct an aerial mustering operation in that kind of aircraft.\n\n> Notes to Civil Aviation Order 29.10\n\n> Note 1\n\n> Note: The Civil Aviation Order (in force under the Civil Aviation Regulations 1988) as shown in this compilation comprises Civil Aviation Order 29.10 amended as indicated in the Tables below.\n\n> Note: > Note: Table of Orders\n\n| Year andnumber | Date of notificationin Gazette/registration on FRLI | Date ofcommencement | Application, saving ortransitional provisions |\n| ------------------------------------------------------------------------ | --------------------------------------------------- | ----------------------- | --------------------------------------------- |\n| CAO 2004 No. R28 | 8 December 2004 | 8 December 2004 (s. 2) | |\n| CAO 29.10 2006 No. 1 | FRLI 7 December 2006 | 8 December 2006 (s. 2) | |\n| CAO (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1) | FRLI 29 August 2014 (F2014L01177) | 1 September 2014 (s. 2) | Sections 3 and 31 (Table A) |\n\n```html\n

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

s. 29.10

Heading

subs. 1

subs. 2

subs. 3

subs. 4

subs. 5

subs. 6

subs. 7

subs. 8

subs. 9

subs. 10

subs. 11

subs. 12

Appendix I

Appendix II

Appendix III

Appendix IV

rs. CAO 2004 No. R28

am. F2014L01177

rs. CAO 29.10 2006 No. 1, F2014L01177

am. CAO 29.10 2006 No. 1, F2014L01177

am. F2014L01177

am. F2014L01177

rs. F2014L01177

rs. F2014L01177

rep. F2014L01177

rep. F2014L01177

rep. F2014L01177

rep. F2014L01177

rep. F2014L01177

am. CAO 29.10 2006 No. 1

rep. F2014L01177

rep. F2014L01177

rep. F2014L01177

rep. F2014L01177

rep. CAO 29.10 2006 No. 1

\n```","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Order remains narrowly focused on authorising and regulating low-level flying specifically for aerial stock mustering and related training. Amendments reflected in the compilation (notably changes tied to flight crew licensing instruments) align the Order with updated regulatory frameworks (references to the Civil Aviation Safety Regulations 1998 and changes to subordinate provisions), but do not materially expand the substantive scope beyond permitting lower flights for mustering subject to safety, notice and qualification conditions (see ss 4.1–4.4, 5.2, 6). Changes have therefore been primarily technical and consequential to other regulatory amendments rather than a substantial growth of the Order's original purpose."},"complexity_factors":["Short instrument: 6 substantive sections (Application, Definitions, Classification, Low flying permission, Operational limitations, Pilot qualification).","Only 3 defined terms in the Definitions section (aerial mustering, kind of aircraft, registered).","Cross-references to other instruments: Civil Aviation Regulations 1988 (reg 157) and Civil Aviation Safety Regulations 1998 (Part 61 and registration), increasing interpretive dependence on those instruments.","A single main conditional rule (permission to fly lower) with a primary exception/condition (not below 500 ft within 600 m of occupied building unless 48 hours' written notice given and no objection) — limited nested conditions.","One clear operational limit (no more than one additional person on board during mustering) and one pilot qualification requirement — few branches or nested exceptions.","Notes preserving common-law rights and land rights add a non-operational legal consideration but do not create additional regulatory complexity."],"plain_english_summary":"**What this Order does (mechanically)\n\n- Grants a specific permission to fly lower than the general minimum heights in the Civil Aviation Regulations when an aircraft is engaged in \"aerial mustering\" (locating, directing and concentrating livestock) and for training for those operations (see s 4.1).\n- Limits that permission with operational conditions: aircraft must not fly below 500 feet above terrain within 600 metres of an occupied building unless the owner or residing tenant has been given at least 48 hours' written notice and has not objected (s 4.3). Pilots must operate so that in an emergency they will not endanger people or property near such buildings (s 4.4).\n- Requires aerial mustering to be recorded on an operator's aerial work licence when the activity is classified as an aerial work operation (s 3.1); it may alternatively be conducted as a private operation over land occupied by the aircraft owner (s 3.2).\n- Restricts passengers during mustering: a pilot may carry no more than one other person during an aerial mustering operation, and that person must be essential to the operation (s 5.2).\n- Requires pilots to be authorised under Part 61 of the Civil Aviation Safety Regulations 1998 to conduct aerial mustering in the relevant kind of aircraft (aeroplane, helicopter or registered gyroplane) (s 6).\n- Confirms the permission does not give any rights over land or affect common-law liability for injury or property damage (s 4.4 note).\n\nWho is affected\n\n- Pilots and aircraft operators conducting aerial mustering (both commercial \"aerial work\" operators and private operators flying over land they occupy) (ss 1, 3.1–3.2, 4.1).\n- Owners or residents of buildings near planned mustering flights, who must be given written notice at least 48 hours beforehand if flights are to be flown below 500 ft within 600 m of their building (s 4.3).\n- Pilots who must hold the relevant Part 61 authorisation for the class of aircraft used (s 6).\n\nWhy it matters (official purpose and practical effects)\n\n- Official purpose stated by the Order: to permit necessary low-level flying for effective aerial stock mustering and associated training that would otherwise be prohibited by general low-flying rules (s 4.1). That is, it creates a legal exemption so mustering can be performed at lower heights.\n\nPractical tests of that purpose and the trade-offs the Order creates\n\n- Benefits concentrated: operators who mustering livestock gain operational access to lower altitudes legally (s 4.1). That reduces the operational friction of having to maintain higher altitudes that would be impractical for mustering.\n- Costs and burdens diffuse: people living near mustering areas bear noise, disturbance and potential safety risk unless given notice and opportunity to object; operators must identify and serve owners/tenants in writing at least 48 hours ahead (s 4.3), creating administrative burden and potential delays.\n- Safety and liability trade-offs: the Order lowers the statutory height limit but keeps safety constraints—minimum 500 ft near occupied buildings unless notice is given, and pilots must fly in a way that an emergency will not endanger people or property (ss 4.3–4.4). The Order explicitly preserves common-law remedies and does not confer rights to use private land (s 4.4 note), so operators retain exposure to tort liability for injury or damage.\n- Regulatory compliance and cost: pilots must have a Part 61 authorisation for the particular kind of aircraft (s 6). That authorisation and the requirement to appear on an operator's aerial work licence (when applicable) impose certification, training and administrative costs on operators and pilots (ss 3.1, 6).\n- Behavioural effects and potential substitution: the Order allows mustering to be conducted either as aerial work (with licence entry) or as a private operation on land occupied by the aircraft owner (s 3.2). That choice may shape whether operators seek an aerial work licence or limit operations to owner-occupied properties to avoid licensing costs; it may also affect who bears notice obligations and liability.\n- Enforcement and discretion: the Order sets conditions and qualifications; enforcement will rely on aviation regulators and existing certification rules (the Order cross-references Civil Aviation Regulations 1988 and Civil Aviation Safety Regulations 1998, e.g. s 4.1 and s 6). The Order itself does not create an administrative appeals procedure or new discretionary permit beyond the specified permission.\n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: aircraft operators and pilots pay compliance costs (training, Part 61 authorisation, licence entries, record-keeping, and notifying owners/tenants). Owners or tenants may incur subjective costs (noise, disturbance) and can object to flights (s 4.3).\n- Who decides: the Order grants a regulatory permission tied to conditions; pilots decide operational details subject to the Order's constraints, and owners/tenants decide whether to object after receiving notice (s 4.3). Aviation regulators implement and enforce certification and licensing requirements referenced in the Order (ss 3.1, 6).\n- Behaviour changes: operators may fly lower for mustering and training within the Order's limits; they must give written notice when approaching occupied buildings and ensure pilots have the required Part 61 authorisation. Pilots will limit passenger carriage to one essential person during mustering (s 5.2).\n\nKey sections to consult: definition of aerial mustering and kinds of aircraft (s 2); permission and conditions (s 4); operational limit on passengers (s 5.2); pilot authorisation (s 6).\n\n(End of summary.)"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The legislation has been significantly streamlined compared to earlier versions. The amendment table shows that subsections 7 through 12 and all four appendices (I-IV) were repealed by the 2014 amendment instrument. What was likely a more detailed technical instrument has been reduced to core operational requirements. The current version focuses narrowly on the essential permissions and limitations for aerial mustering, suggesting the original scope may have included more extensive technical specifications, aircraft-specific requirements, or procedural details that have since been removed or relocated to other instruments."},"complexity_factors":["Only 3 defined terms in section 2 ('aerial mustering', 'kind of aircraft', 'registered')","Straightforward structure with 6 operative sections plus notes","Single cross-reference to Civil Aviation Regulations 1988 (regulation 157) and Part 61 of CASR 1998","No nested exceptions or conditional logic beyond the basic 48-hour notice requirement in paragraph 4.3","Relatively short length (approximately 1,500 words including tables)","Clear operational limitations (one passenger maximum, specific height and distance restrictions)","Historical table shows significant simplification occurred in 2014 (repeal of subsections 7-12 and all appendices), reducing complexity from earlier versions"],"plain_english_summary":"This Civil Aviation Order creates a special exemption that allows pilots to fly aircraft lower than normally permitted when herding livestock (called \"aerial mustering\"). Normally, aircraft must stay above 500 feet near buildings, but this Order lets them fly lower for mustering operations—provided they follow strict safety rules.\n\n**Who it affects:**\n- **Pilots** conducting aerial mustering (using planes or helicopters to round up cattle, sheep, or other livestock)\n- **Aircraft operators** with an aerial work licence, or private landowners using their own aircraft on their own land\n- **People living near mustering operations**, who must be given 48 hours' notice if flights will happen close to their homes\n\n**What it does:**\n- **Grants a low-flying exemption**: Allows aircraft to fly below the usual 500-foot minimum height limit during mustering operations and related training\n- **Sets classification rules**: Mustering can be done as a commercial \"aerial work operation\" (requiring a licence) or as a \"private operation\" (if the pilot owns both the aircraft and the land)\n- **Imposes safety conditions**: \n - If flying within 600 metres of an occupied building, the pilot must give 48 hours' written notice to the occupant and receive no objection\n - Must maintain a flight path that allows emergency landing without endangering people or property\n - Can carry only one passenger, who must be essential to the operation\n- **Requires proper qualifications**: Pilots must hold specific authorisation under Part 61 of the Civil Aviation Safety Regulations for aerial mustering in that type of aircraft\n\n**Why it matters:**\nAerial mustering is essential for managing livestock across Australia's vast rural properties. Without this Order, pilots would break the law by flying low enough to effectively herd animals. The rules balance agricultural necessity with safety protections for people on the ground."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/civil-aviation-order-29-10-air-service-operations-aircraft-engaged-in-aerial-stock-mustering-operati","history":"/api/acts/civil-aviation-order-29-10-air-service-operations-aircraft-engaged-in-aerial-stock-mustering-operati/history","analysis":"/api/acts/civil-aviation-order-29-10-air-service-operations-aircraft-engaged-in-aerial-stock-mustering-operati/analysis","conflicts":"/api/acts/civil-aviation-order-29-10-air-service-operations-aircraft-engaged-in-aerial-stock-mustering-operati/conflicts","importantCases":"/api/acts/civil-aviation-order-29-10-air-service-operations-aircraft-engaged-in-aerial-stock-mustering-operati/important-cases","documents":"/api/acts/civil-aviation-order-29-10-air-service-operations-aircraft-engaged-in-aerial-stock-mustering-operati/documents"}}