CASA EX07/24 — Low-level Operations (Air Displays and Aerobatic Manoeuvres) Exemption 2024

The central concept is the low-level operation, defined by reference to regulation 61.010 of CASR. This encompasses flight at heights below those ordinarily permitted without specific ratings or approvals. The instrument distinguishes between two classes of pilots who may benefit from the exemptions. The first class comprises pilots who hold none of a low-level rating, an aerial application rating or an aerobatics (unlimited) flight activity endorsement. The second class comprises pilots who hold an aerobatics (unlimited) flight activity endorsement but lack the low-level rating or aerial application rating.

Air display is a key defined term, referring to an event approved by CASA under regulation 91.045 of CASR for the purposes of regulation 91.180 of CASR. The instrument extends the exemptions to practice flights that are solely and demonstrably for an actual or anticipated air display, including flights undertaken to achieve competence before the display organiser grants formal approval to participate. Aerobatic manoeuvres are another defined term, and the instrument separately permits pilots holding the aerobatics (unlimited) flight activity endorsement to conduct low-level operations for the purpose of practising such manoeuvres even outside the context of a specific display.

The height restriction exemption in subsection 4(9) operates only where the aircraft is not flown over a populous area or public gathering. Populous area and public gathering are defined terms drawn from the Civil Aviation Act 1988 and the regulations. The 150 m separation requirement in subsection 5(3) is measured from the point on the ground or water vertically below the aircraft, creating a moving exclusion zone that must be maintained throughout the operation.

The risk assessment required by subsection 5(2) is a pre-operation obligation placed on the pilot in command. It must address the area to be flown over during the low-level operation. Compliance with any conditions attached to a CASA approval given under regulation 91.045 of CASR is also mandatory where relevant.

These concepts operate within the broader framework established by the Civil Aviation Act 1988, under which CASA exercises safety regulation functions pursuant to section 9, including the development of standards and enforcement strategies. The exemptions are expressed to apply only in Australian territory and do not extend to operations outside that territory.

The instrument directly affects pilots who conduct low-level operations at air displays or during related practice flights. This includes pilots who lack a low-level rating or aerial application rating, as well as pilots who hold an aerobatics (unlimited) flight activity endorsement but lack those other ratings. The pilot in command bears specific obligations under subsections 4(7) to 4(9) and section 5, particularly the risk assessment and vertical separation requirements.

Aircraft operators are affected because the exemptions enable their pilots to participate in approved air displays without first obtaining additional ratings. Display organisers who obtain CASA approval under regulation 91.045 of CASR for an air display under regulation 91.180 of CASR must ensure that participating pilots understand and meet the conditions of the exemptions. Failure by a pilot to satisfy the conditions means the exemptions do not apply, returning the operation to the full requirements of the underlying CASR provisions.

CASA is affected as the maker and administrator of the instrument. Its delegate exercised powers under regulations 11.160 and 11.205 of CASR, which are supported by section 98 of the Civil Aviation Act 1988. Compliance professionals, including lawyers and safety managers advising aviation clients, must assess whether a proposed operation falls within the categories set out in section 4 and whether the conditions in section 5 can be satisfied. Accountants and insurers may also need to consider the instrument when assessing operational risks and coverage for air display activities.

Journalists and researchers examining aviation safety regulation will encounter the instrument as an example of CASA using exemption powers to facilitate specific activities while maintaining safety controls. The instrument does not affect foreign registered aircraft operations under section 25 or section 27A of the Civil Aviation Act 1988, as it is confined to operations in Australian territory by pilots meeting the stated criteria.

The instrument confers rights in the form of exemptions from compliance with specified CASR provisions. Under subsections 4(3) and 4(6), qualifying pilots are exempt from subregulation 61.065(1) of CASR to the extent it prohibits low-level operations without a low-level rating or aerial application rating. They are also exempt from subregulation 61.375(7) of CASR in relation to item 5 of Table 61.375 of CASR. Pilots holding an aerobatics (unlimited) flight activity endorsement receive these exemptions plus the further exemption in subsection 4(9) from subregulation 91.267(2) of CASR, subject to the operation not occurring over a populous area or public gathering and the pilot in command not holding another authorisation to fly below the prescribed height.

These rights are not absolute. Subsection 4(10) makes the exemptions in subsections (3) and (6) subject to the condition in subsection 5(1). Subsection 4(11) makes the exemption in subsection (9) subject to the conditions in subsections 5(1), (2) and (3). The conditions impose corresponding duties. The pilot or pilot in command must comply with any conditions of a relevant CASA approval given under regulation 91.045 of CASR. The pilot in command must conduct a risk assessment of the area to be flown over before the operation commences. The pilot in command must ensure that the point vertically below the aircraft remains outside the 150 m exclusion zone around any person, vessel, vehicle, structure or livestock.

Subsections 4(2), 4(5) and 4(8) clarify that the exemptions apply to practice flights undertaken to achieve competence even before the display organiser grants approval. This removes doubt about the scope of the practice flight category. The duties are ongoing throughout the operation; the 150 m separation requirement applies continuously while the low-level operation is being conducted.

The rights and duties are time-limited by the repeal date in section 2. After 31 January 2027 the exemptions cease, and pilots will need to rely on whatever regulatory arrangements then apply. The instrument does not create any new rights for persons other than the pilots and pilot in command described in section 4.

The instrument itself contains no provisions that impose penalties. Its legal effect is to remove the obligation to comply with the listed CASR provisions when the stated criteria and conditions are met. Where a pilot or pilot in command fails to satisfy any condition in section 5, or where the operation falls outside the categories in section 4, the exemptions do not apply. In those circumstances the pilot must comply with the underlying provisions of CASR, including subregulation 61.065(1), subregulation 61.375(7) and subregulation 91.267(2).

Enforcement of the underlying provisions occurs through CASA’s functions under section 9 of the Civil Aviation Act 1988, which include developing and promulgating aviation safety standards and administering effective enforcement strategies to secure compliance. CASA may investigate suspected breaches and take action under the Act and the regulations. The instrument does not alter the penalties that attach to breaches of the exempted provisions when the exemption is unavailable.

Because the exemptions are conditional, a pilot who relies on the instrument must be able to demonstrate, if required, that the operation met the criteria in section 4 and that the conditions in section 5 were satisfied. Failure to maintain the 150 m separation or to conduct the required risk assessment would mean the exemption from the height or rating requirements is lost. The related provisions in the Civil Aviation Act 1988 concerning extra-territorial operation of regulations, such as section 134 of the Aviation Transport Security Act 2004 and section 27 of the Air Navigation Act 1920, are not engaged by this instrument, which applies only within Australian territory.

The instrument is made under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998. Those regulations are authorised by section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations prescribing matters required or permitted by the Act and matters necessary or convenient for carrying out or giving effect to the Act, including regulations for the safety of air navigation.

The instrument interacts directly with Part 61 of CASR, which deals with flight crew licensing. It modifies the effect of subregulation 61.065(1) and subregulation 61.375(7) for the limited purposes of approved air displays and practice flights. It also interacts with Part 91 of CASR, particularly regulation 91.045 (approvals for air displays), regulation 91.180 (air display operations) and subregulation 91.267(2) (minimum heights). The definition of low-level operation is drawn from regulation 61.010 of CASR.

The instrument operates within the safety regulation framework established by section 9 of the Civil Aviation Act 1988, under which CASA conducts safety regulation of civil air operations in Australian territory. It does not engage the provisions concerning foreign registered aircraft in section 25 or section 27A of the Civil Aviation Act 1988, nor the mutual recognition arrangements under ANZA agreements in Division 1A of Part III of that Act. The extra-territorial operation provisions in section 134 of the Aviation Transport Security Act 2004 and section 27 of the Air Navigation Act 1920 are not applicable, as the exemptions are confined to operations in Australian territory.

The instrument does not amend or repeal any other legislative instrument. It provides a temporary overlay on the existing CASR requirements rather than altering the primary legislation. After its repeal on 31 January 2027, the underlying provisions of CASR will apply without the exemptions unless CASA makes further instruments.

The instrument was made on 21 February 2024 and registered shortly thereafter. It has a fixed duration ending on 31 January 2027. No amendment history is set out in the instrument itself. The related retrieval context from the Civil Aviation Act 1988 does not record any prior versions of this specific exemption or any immediate predecessor instrument.

The structure of the instrument, with separate exemption pathways for pilots without ratings and for pilots holding only the aerobatics (unlimited) flight activity endorsement, indicates a deliberate calibration of relief according to existing qualifications. The conditions in section 5, particularly the mandatory risk assessment and the 150 m vertical separation rule, are expressed in precise operational terms. The clarification in subsections 4(2), 4(5) and 4(8) concerning pre-approval practice flights addresses a specific practical issue that arises when pilots seek to demonstrate competence before formal acceptance by the display organiser.

The repeal date of 31 January 2027 provides a defined period during which the exemptions remain available. This allows CASA to monitor the operation of the exemptions and to consider whether permanent changes to the underlying CASR provisions are warranted. The instrument does not state any policy rationale, and none should be inferred beyond the text of the exemptions and conditions.

No court challenges or controversies are named in the source text of the instrument or in the related retrieval context from the Civil Aviation Act 1988 and associated legislation. The instrument is a specific exemption rather than a broad legislative amendment, and the provided materials contain no references to litigation, judicial review applications or administrative challenges concerning its validity or operation.

Section 9 of the Civil Aviation Act 1988 sets out CASA’s functions, including the development of enforcement strategies, but does not record any disputes arising from the exercise of exemption powers under regulations 11.160 and 11.205 of CASR. The absence of named cases in the source text means that no specific judicial decisions can be cited in relation to this instrument. Practitioners advising clients should therefore treat the instrument as currently unchallenged on the basis of the materials provided.

Several practical limitations require careful attention. The 150 m separation requirement in subsection 5(3) is measured from the point vertically below the aircraft at all times during the low-level operation. During aerobatic manoeuvres or low-level passes, the pilot in command must ensure that this moving point never enters the exclusion zone around any person, vessel, vehicle, structure or livestock. A momentary incursion would mean the condition is not satisfied and the exemption from subregulation 91.267(2) of CASR would not apply.

The risk assessment required by subsection 5(2) must be conducted before the operation commences. It is not sufficient to rely on a generic or previous assessment; the assessment must address the specific area to be flown over during that operation. Failure to document or perform this assessment removes the protection of the exemptions.

The exemptions apply only to operations at air displays approved by CASA under regulation 91.045 of CASR for the purposes of regulation 91.180 of CASR, or to practice flights that are solely and demonstrably for such displays. Operations that are low-level but unrelated to an approved display fall outside the instrument. The clarification in subsections 4(2), 4(5) and 4(8) extends the exemptions to pre-approval practice flights, but the flight must still be demonstrably connected to an anticipated display.

Pilots holding an aerobatics (unlimited) flight activity endorsement may conduct low-level operations for the purpose of practising aerobatic manoeuvres even without a specific display, but they remain subject to the conditions in section 5. The exemption from subregulation 61.375(7) of CASR is limited to item 5 of Table 61.375 of CASR; other items in that table are unaffected.

The instrument does not authorise operations over populous areas or public gatherings for the purposes of the height exemption. If the operation involves such areas, the pilot in command must hold separate authorisation under Part 61 of CASR or under regulation 91.045 of CASR. After 31 January 2027 the exemptions will no longer be available, creating a compliance deadline for pilots who have relied on them.

Compliance begins with confirming that the proposed operation falls within one of the categories in section 4. The pilot must determine whether they hold none of the listed ratings or whether they hold an aerobatics (unlimited) flight activity endorsement. The operation must be at a CASA-approved air display under regulation 91.045 of CASR or a qualifying practice flight. For the height exemption, the pilot in command must confirm that the area is not a populous area or public gathering and that no other authorisation exists to fly below the prescribed height.

Before the operation, the pilot in command must conduct a risk assessment of the area to be flown over. This assessment should identify hazards, including the location of persons, vessels, vehicles, structures and livestock, and set out measures to maintain the 150 m vertical separation. The assessment should be documented and retained.

During the operation the pilot in command must ensure continuous compliance with the 150 m separation rule. Any conditions attached to the CASA approval for the air display must also be observed. Records of the risk assessment, the display approval and the flight details should be kept to demonstrate, if required by CASA, that the conditions were met.

Pilots should verify the registration status of the instrument and its repeal date. After 31 January 2027, operations will need to comply with the full requirements of CASR unless further exemptions are granted. Legal advisers should review client operations against the precise wording of section 4 and section 5, paying particular attention to the scope of practice flights and the vertical separation obligation. Operators should incorporate the conditions into standard operating procedures for air display participation and ensure that pilots receive training on the specific requirements of this instrument.