CASA EX101/25 – Part 137 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2025

Aerial application operation (defined by regulation 137.010 of CASR) is the central activity for Parts 2 and 4. It covers agricultural spraying, firefighting, and similar operations where a substance is dispersed from an aircraft. The definition is not repeated in this instrument but is incorporated by reference.

Relevant aeroplane and relevant single-engine aeroplane are critical for Part 2. A relevant aeroplane is any aeroplane (other than a relevant single-engine aeroplane) with a permanently installed jettison system for the hopper or vessel contents. A relevant single-engine aeroplane is a registered single-engine aeroplane that also has such a jettison system, is employed in private operations, and has a current restricted-category certificate of airworthiness. The distinction matters because the exemption in Part 2 applies to both categories but the conditions in section 5 apply uniformly.

Miscellaneous dropping operation is a new concept for Part 3. It is defined as an operation involving dropping relevant articles from an aircraft in flight below 500 feet, but expressly excludes any spraying or broadcasting. The term is not used elsewhere in CASR; it is created solely for this instrument. The list of relevant articles is exhaustive but includes a catch-all for articles “closely similar” in nature or purpose to incendiaries, baits, search and rescue equipment, fodder, and disaster relief items. The explanatory note clarifies that relevant articles do not include sprayable or broadcastable substances, so the definition is confined to discrete physical objects dropped from the aircraft.

Emergency service firefighting operation is defined in Part 4. It requires three elements: an AOC authorising aerial application operations; an arrangement or agreement with an “Authority” (a Commonwealth, State or Territory authority prescribed by the Part 138 Manual of Standards); and the direction of that authority for dropping water or retardant over an occupied building or within 100 metres horizontally of one. This definition is narrower than general firefighting because it is limited to operations near occupied buildings.

Weight and balance limits are defined in the CASR Dictionary as the limits set out in the aircraft flight manual instructions. Part 2 modifies the normal rule by allowing the pilot to use the highest of three possible maximum gross weights rather than be bound solely by the flight manual. This is a significant departure from standard airworthiness compliance.

CASA EX32/24 and CASA EX67/24 are existing instruments that this instrument amends and cross-references. Part 3 depends entirely on Part 16 of CASA EX32/24, which contains exemptions for flight crew licensing. The operator exemption in Part 3 is only available to the extent that the pilot has and uses those licensing exemptions. This creates a cascading exemption structure: the operator is exempt from regulation 137.235 only if the pilot is already exempt from certain licensing requirements under another instrument.

CASA EX136/20 was a repealed instrument on incendiary dropping operations. Part 3 imposes a continuing record-keeping obligation on operators who relied on that instrument before its repeal: they must preserve risk management records for three years from creation and make them available to CASA on request. This is a residual duty that survives the repeal of the underlying instrument.

The instrument directly affects three groups of operators and pilots engaged in specialised aerial work.

Aerial application operators and pilots (Part 2) are the primary beneficiaries. The exemption from strict compliance with maximum take-off weight provisions applies to the pilot in command of a relevant aeroplane or relevant single-engine aeroplane engaged in an aerial application operation. This includes operators holding an Air Operators Certificate (AOC) that authorises aerial application, and their employed or contracted pilots. The exemption is not available to pilots of aircraft that do not have a permanently installed jettison system or are not in the restricted category (for single-engine types). The condition in section 5(2) requires pilots to calculate take-off weight using a specific method, which imposes a compliance burden on flight preparation.

Operators of miscellaneous dropping operations (Part 3) are affected, but only those whose operations would otherwise be classified as aerial application operations under Part 137 of CASR. This means the operator must already hold an AOC for aerial application. The exemption from regulation 137.235 is conditional on the operator’s pilot in command being entitled to exemptions under Part 16 of CASA EX32/24. Therefore, pilots who do not hold the necessary licensing exemptions cannot benefit, and their operators cannot rely on this instrument. The condition in section 10(1)(a) requires the operator to have specific procedures in its operations manual for each kind of miscellaneous dropping operation. This imposes a documentation burden that may require manual amendments and training.

Emergency service firefighting operators and pilots (Part 4) are affected. The exemption from subregulation 137.140(3) applies only to pilots operating under an AOC for aerial application, under an arrangement with a prescribed authority, and at the authority’s direction. This limits it to operators who have contracts or agreements with fire services. The condition that the operation may only target a specific occupied building if the authority gives express instructions, or if the pilot reasonably considers it necessary, creates a decision-making framework that must be documented and auditable. The operator is directed to ensure pilots comply and that the operations manual contains appropriate procedures. This affects how operators train their pilots and how they interact with firefighting authorities.

CASA itself is indirectly affected as the supervisor of compliance. The instrument reduces the rules that CASA must enforce under CASR, but the conditions create new matters for inspectors to check: placards approved in writing, weight calculations, operations manual procedures, and record preservation. The Schedule amendments update cross-references in two other instruments, ensuring that CASA’s regulatory framework remains internally consistent.

State, Territory and Commonwealth fire authorities are affected because Part 4 relies on their direction for the exemption to operate. The instrument gives these authorities effective control over when the low-altitude proximity exemption can be used. They may need to develop internal procedures for issuing instructions to operators.

The instrument creates rights (exemptions from compliance) but makes them conditional on duties.

Right to exceed certain weight limits (Part 2). The pilot in command has a right to take off and operate despite not complying with the flight manual or certificate of airworthiness maximum take-off weight, and despite not using the highest of the three gross weights in subregulation 137.190(1). The duty attached is that the pilot must not commence a take-off if the aircraft’s gross weight exceeds the highest of three alternative limits: the flight manual maximum, any CASA-supervised test placard maximum, or the type certificate maximum. The pilot also has a duty to calculate take-off weight using a prescribed method: total of crew and equipment, fuel and load, and empty weight per CAO 100.7. There is no duty to recalculate at intermediate points; the condition only applies at take-off.

Direction overriding previous direction (Part 2, section 6). The direction in section 5 of CASA EX67/24 is disapplied for these pilots. That earlier direction had expanded regulation 91.095 to cover pre- and post-flight activities relating to maximum take-off weight. This instrument removes that extension for the exempted pilots. The effect is that the pilot is not required to ensure pre- or post-flight activities comply with flight manual instructions about maximum take-off weight. This is a significant reduction in scope of duty.

Operator duty for operations manual (Part 3). The operator must have procedures in its operations manual for each particular kind of miscellaneous dropping operation conducted. This duty is ongoing: the manual must be current. The operator must also ensure the pilot in command complies with conditions imposed under Part 16 of CASA EX32/24. That Part contains its own conditions (not detailed in this instrument), so the operator has a duty of supervision and verification.

Record preservation duty (Part 3). Operators who took advantage of CASA EX136/20 before its repeal must preserve and make available to CASA any records of risk management processes required under subsection 11(4) of that instrument. The duty runs for three years from the creation of each record. Failure to produce on request would likely constitute a breach of a condition, potentially invalidating the exemption.

Right to fly lower and closer to buildings (Part 4). The pilot has a right to fly below 350 feet AGL and within 100 metres horizontally of an occupied building while dropping water or retardant during an emergency service firefighting operation. The duty is that the operation must be conducted without adverse effects on air navigation safety and without unacceptable risks to persons in the aircraft or on the ground. Additionally, targeting a specific occupied building is only permitted if the authority gives express instructions, or the pilot reasonably considers it necessary to prevent fire spread, or the pilot reasonably believes the building is unoccupied. These are objective duties: the pilot must have a reasonable basis for their belief.

Operator duty for compliance (Part 4, section 15). The operator is directed to ensure its pilots comply with the conditions in the instrument and that its operations manual contains appropriate procedures. This is a positive obligation to implement training, briefing, and documentation systems.

The instrument does not itself create offences or penalties. However, the exemptions it grants are conditional. If a condition is breached, the exemption does not apply, and the underlying CASR provisions (which do carry penalties) become enforceable again.

For Part 2, if the pilot takes off with a gross weight exceeding the highest of the three alternative limits, the exemption is lost. The pilot would then be in breach of subregulation 91.095(2), regulation 91.805, and subregulations 137.190(1) and (2). Under the Civil Aviation Act 1988, contravening a regulation can attract civil penalties of up to 1,000 penalty units for an individual and 5,000 for a body corporate (currently a penalty unit is $330, so up to $330,000 for an individual and $1.65 million for a corporation). Criminal proceedings may also apply if the contravention is reckless or intentional.

For Part 3, if the operator fails to have procedures in the operations manual, or if the pilot does not comply with conditions under Part 16 of CASA EX32/24, the exemption from regulation 137.235 is unavailable. That regulation likely relates to the requirement for an aerial application rating or endorsement; operating without it could be a breach of CASR. The record preservation duty in section 10(2) is a condition; failing to preserve or produce records on request may also result in loss of the exemption.

For Part 4, if the operation is conducted with adverse safety effects or without proper authorisation, the exemption from subregulation 137.140(3) is lost. That subregulation creates an offence for flying lower than 350 feet AGL within 100 metres horizontally of an occupied building in a non-populous area. The penalty would be the same as for any breach of CASR. The direction to the operator in section 15 is likely enforceable as a direction under regulation 11.250 of CASR; non-compliance could lead to enforcement action including suspension or cancellation of the AOC.

The instrument does not specify any additional enforcement mechanisms, so standard CASA enforcement applies: infringement notices, enforceable voluntary undertakings, court injunctions, and prosecution. The three-year sunset (30 November 2028) means that after that date, the exemptions cease entirely and operators must revert to full CASR compliance unless a replacement instrument is made.

This instrument sits within a web of CASA-made instruments under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. It should be read together with the following:

CASR itself is the primary regulation. Part 2 directly references subregulation 91.095(2) (compliance with flight manual during flight), regulation 91.805 (weight and balance limits), and subregulations 137.190(1) and (2) (maximum gross weight for aerial application). Part 3 references regulation 137.235 (likely concerning pilot ratings). Part 4 references subregulation 137.140(3) (minimum height and lateral separation from occupied buildings). The instrument does not repeal or amend these provisions; it only exempts certain actors from compliance under conditions.

CASA EX67/24 - Part 91 of CASR - Supplementary Exemptions and Directions Instrument 2024 is directly amended by Schedule 2 to update a cross-reference. More importantly, Part 2 of this instrument disapplies a direction from CASA EX67/24 for the exempted pilots (section 6). CASA EX67/24 remains in force for other operations not covered by this instrument.

CASA EX32/24 - Flight Crew Licensing and Other Matters (Miscellaneous Exemptions) Instrument 2024 is amended by Schedule 1 to update a cross-reference. Part 3 of this instrument incorporates by reference Part 16 of CASA EX32/24, which contains exemptions from flight crew licensing requirements. The operator exemption in Part 3 is available only to the extent that the pilot takes benefit of those Part 16 exemptions. Therefore, any change to CASA EX32/24 (including its own sunset or amendment) will directly affect the availability of the exemption in this instrument.

CASA EX136/20 - Incendiary Dropping Operations (Aerial Application Rating) Instrument 2020 has been repealed (by CASA EX65/23). Part 3 preserves a residual record-keeping duty for operators who relied on it before repeal. The instrument does not revive CASA EX136/20; it merely imposes a continuing obligation on those who previously benefited.

Civil Aviation Order 100.7 is referenced in Part 2 for determining the empty weight of the aeroplane. That Order contains method for weighing aircraft and establishing empty weight and centre of gravity. The instrument does not modify CAO 100.7.

Part 138 Manual of Standards is referenced in the definition of “Authority” in Part 4 for identifying authorities prescribed as emergency service operators. The Manual of Standards is itself a legislative instrument under the CASR.

The Civil Aviation Act 1988 provides the overarching legislative framework. Section 98 of the Act gives CASA power to issue exemptions by legislative instrument. This instrument is one such exercise of power. The Act also provides the penalty framework for breaches of regulations, as discussed above.

State and Territory laws are not directly referenced, but Part 4’s reliance on arrangements with State and Territory authorities means that operators must comply with any local firefighting protocols. The instrument does not purport to override State occupational health and safety laws or environmental regulations that might apply to dropping incendiaries or retardants.

This instrument is new as at the date of its making (2025). It has no amendment history of its own because it is the original instrument. However, it amends two existing instruments:

Schedule 1 amends section 74 of CASA EX32/24 by replacing a cross-reference to CASA EX92/22 with a cross-reference to this instrument (CASA EX101/25). This is a mechanical update to ensure the note in CASA EX32/24 points to the correct supplementary exemptions instrument.

Schedule 2 makes two amendments to CASA EX67/24. Item [1] amends subsection 5(2) to replace the reference to CASA EX92/22 with this instrument. Item [2] amends the note after subsection 5(2) similarly. Again, these are purely mechanical cross-reference updates.

Predecessor instruments: The instrument replaces CASA EX92/22 - Part 137 and Part 91 of CASR - Supplementary Exemptions and Directions Instrument 2022, which would have expired at the end of November 2025. This new instrument continues the exemptions with modifications. The note to section 3A and the Schedule amendments make this clear.

Sunset clause: Section 2 provides that the instrument is repealed at the end of 30 November 2028. This is a standard sunset provision for CASA exemption instruments, forcing a periodic review. The instrument therefore has a fixed lifespan, unlike permanent regulations. Operators relying on it must track its expiry and plan for either a replacement instrument or a return to default CASR compliance.

No other amendment history is relevant. The instrument has not been amended since enactment because it has not yet commenced.

There is no litigation history associated with this instrument. It has not been the subject of any court proceedings, administrative review, or tribunal decision. The instrument has not yet commenced (it begins 1 December 2025), so it cannot have generated litigation.

It is possible that its predecessor, CASA EX92/22, or the underlying CASR provisions, have been litigated, but the source text does not reference any cases. We cannot assume or invent. The deep dive must be grounded only in the source provided.

That said, the instrument’s exemption structure creates potential grounds for future disputes. For example, a condition in Part 4 requires that the pilot “reasonably considers” targeting necessary, or “reasonably believes” a building is unoccupied. Those reasonableness standards could be tested if an incident occurs. The instrument’s reliance on “unacceptable risks” and “adverse effects on the safety of air navigation” (condition 1) uses inherently vague language that invites interpretation. A court might be asked to determine whether particular conduct fell within those terms. But as of the date of this analysis, no such case has arisen from this instrument.

Similarly, the record preservation duty in Part 3 could lead to enforcement action if CASA requests records and they are not produced. Any appeal against such enforcement would be the first litigation under this instrument.

Because the instrument is time-limited and highly specific, the likelihood of litigation is low. Most disputes would be resolved through CASA’s internal review processes or through negotiation. The instrument does not create any private right of action; it is an exemption from regulatory requirements, so only CASA or the Director of Public Prosecutions could enforce it.

The instrument contains several traps for the unworn operator or pilot.

The Part 2 weight exemption only applies at take-off. Section 5(1) says “must not commence a take-off if the aeroplane’s gross weight exceeds the highest of” the three limits. It does not exempt the pilot from complying with weight limits during flight, landing, or other phases. Subregulation 91.095(2) would still require compliance with flight manual instructions during flight for matters other than take-off weight, and the exemption only covers the take-off weight aspect. Pilots must ensure that for other phases, they comply with all applicable weight and balance limitations.

The Part 2 exemption does not cover all weight and balance provisions. The exemption is from subregulations 91.095(2) (only as to flight manual instructions about maximum take-off weight), 91.805 (only to the extent that weight and balance limits are not the highest of the three gross weights), and 137.190(1) and (2). Other weight-related requirements, such as centre of gravity limits, structural limitations, or performance requirements, are not exempted. Pilots must still ensure the aircraft is within its centre of gravity envelope and that performance calculations (take-off distance, climb gradient) are satisfied for the actual weight.

The Part 2 weight calculation method is mandatory. Section 5(2) requires the pilot to calculate take-off weight by adding crew and equipment, fuel and load, and empty weight as determined under CAO 100.7. The pilot cannot use a simplified method or an estimate. The empty weight under CAO 100.7 must be a current figure from weighing; if the aircraft has been modified, the empty weight may have changed. Operators must ensure their weight and balance documentation is up to date.

The Part 3 exemption is derivative. The operator is exempt from regulation 137.235 only if the pilot is entitled to and takes the benefit of exemptions under Part 16 of CASA EX32/24. If the pilot does not hold the relevant licensing exemptions, or if the pilot chooses not to rely on them, the operator loses the exemption. The operator must verify the pilot’s entitlement and actual use of the exemption. This creates a paperwork chain: the pilot must have the CASA EX32/24 exemption active, and the operator must have evidence.

The Part 3 operations manual requirement is specific. The operator must have procedures in its operations manual “for the particular kind of miscellaneous dropping operation conducted by the pilot in command”. If the operator conducts multiple kinds (e.g., dropping baits and dropping fodder), it must have separate procedures for each. A generic “low-level dropping” procedure may not suffice. The manual must be updated as new kinds of operations are added.

The Part 3 record preservation obligation applies only to those who used CASA EX136/20. Operators who never relied on that instrument have no duty under section 10(2). But those who did must preserve records for three years from creation, not from the date of this instrument. If records were created in 2023, they must be kept until 2026. If they are destroyed earlier, the operator may be in breach. Note that CASA EX136/20 was repealed on 11 July 2023, so records from that period may already be more than two years old. Operators should check their retention policies.

The Part 4 exemption is narrow. It only applies to operations that meet the full definition of “emergency service firefighting operation”. If the authority is not prescribed under the Part 138 Manual of Standards, or if there is no arrangement or agreement, the exemption does not apply. The pilot cannot rely on this instrument for spontaneous firefighting outside a pre-existing agreement. Additionally, the exemption only covers subregulation 137.140(3). Other provisions, such as minimum height over populous areas (subregulation 137.140(1)) or over persons or property (subregulation 137.140(2)), still apply. The note to section 12 makes this clear: the instrument has no application to dropping water outside 100 metres from occupied buildings.

The Part 4 condition on targeting buildings is subjective but must be reasonable. Condition 1(ii) allows targeting if the pilot “reasonably considers” it necessary, and (iii) if the pilot “reasonably believes” the building is unoccupied. These are objective standards: a court or CASA may later deem the pilot’s consideration unreasonable. Pilots should document their reasoning at the time, though the instrument does not require such documentation. The note suggests the authority may give instructions “in the exigencies of an emergency service firefighting operation”, implying verbal instructions are acceptable, but written records are prudent.

The instrument has a fixed sunset. Relying on it for long-term planning is risky. If CASA does not renew it in 2028, operators will lose these exemptions immediately. They should have contingency plans to revert to standard CASR compliance.

Operators and pilots seeking to rely on the exemptions in CASA EX101/25 should take the following steps.

For Part 2 (maximum take-off weight):

• Identify whether the aeroplane is a “relevant aeroplane” or “relevant single-engine aeroplane” under section 3. For single-engine types, confirm it is registered, employed in private operations, and has a current restricted-category certificate of airworthiness. For all types, confirm there is a permanently installed jettison system for the hopper or vessel.
• Determine the three potential maximum gross weights: (a) the flight manual figure; (b) any CASA-supervised test weight shown on a CASA-approved placard in the cockpit; and (c) the type certificate or foreign type certificate figure. Obtain copies of the flight manual, type certificate data sheet, and any placard approval letter from CASA.
• If a CASA-supervised test has been conducted, ensure the placard is approved in writing by CASA and is displayed in the cockpit. Without such approval, the second option is not available.
• Before each take-off, calculate the aeroplane’s gross weight using the method in section 5(2): crew and equipment weight, fuel and load weight, plus empty weight per CAO 100.7. Use the most recent empty weight from weighing documentation.
• Compare the calculated take-off weight to the highest of the three limits. Only take off if the calculated weight does not exceed that limit.
• Document the calculation and the applicable maximum weight. This is not mandated by the instrument but is prudent for defending compliance.
• Note that the exemption does not extend to other weight limits, so also comply with centre of gravity limits, structural limits, and performance requirements for the actual weight.

For Part 3 (miscellaneous dropping operations):

• Determine whether the operation falls within the definition: dropping a relevant article from an aircraft in flight below 500 feet, not involving spraying or broadcasting. The relevant articles are incendiaries, baits, search and rescue equipment, fodder, disaster relief items, or closely similar articles. If the article could be sprayed (e.g., a liquid) it may be excluded.
• Ensure the operation is an “aerial application operation” under Part 137 of CASR. This generally requires an AOC authorising such operations.
• Verify that the pilot in command is entitled to the exemptions under Part 16 of CASA EX32/24, and that the pilot actually takes the benefit of those exemptions. This may require checking the pilot’s licence, endorsements, and any documentation from CASA regarding the Part 16 exemptions.
• Develop or update the operations manual to include specific procedures for each kind of miscellaneous dropping operation conducted. The procedures should cover safety, briefing, drop techniques, and emergency actions. Each kind (e.g., incendiary dropping vs fodder dropping) should have its own section.
• Ensure the pilot is briefed on and complies with the conditions imposed under Part 16 of CASA EX32/24. Those conditions are not reproduced here, so obtain a copy of that instrument and review them.
• If the operator previously relied on CASA EX136/20 (incendiary dropping), identify any records of risk management processes created under subsection 11(4) of that instrument. Preserve those records for three years from the date they were created. Establish a system to retrieve and produce them to CASA on request within a reasonable time.

For Part 4 (emergency service firefighting operations):

• Hold an AOC that authorises aerial application operations.
• Enter into an arrangement or agreement with an Authority (a Commonwealth, State or Territory authority prescribed under the Part 138 Manual of Standards). This should be in writing, though the instrument does not specify.
• Ensure that when conducting emergency service firefighting operations, the pilot acts under the direction of the Authority. This means the Authority must have requested or directed the specific operation, not just a general retainer.
• For each operation, assess whether the conditions in section 14 are met. The operation must avoid adverse effects on air navigation safety and unacceptable risks. If targeting a specific occupied building, ensure one of the three sub-conditions applies: (i) the Authority expressly instructs targeting; (ii) the pilot reasonably considers it necessary to prevent fire spread; or (iii) the pilot reasonably believes the building is unoccupied.
• Develop procedures in the operations manual for conducting these operations, as required by section 15. The procedures should cover communication with the Authority, decision-making on targeting, and safety checks.
• Train pilots on the conditions, particularly the reasonableness standards for targeting occupied buildings.
• Document instructions received from the Authority and the pilot’s reasoning when targeting without express instructions. While not mandatory, this documentation helps demonstrate compliance if later questioned.
• Note that the exemption only applies to subregulation 137.140(3). Continue to comply with all other minimum height and lateral separation requirements, especially over populous areas and over persons or property.

General compliance steps:

• Keep a current copy of CASA EX101/25 and any related instruments (CASA EX32/24, CASA EX67/24, the Part 138 Manual of Standards).
• Monitor the sunset date (30 November 2028) and plan for either a replacement instrument or reversion to CASR compliance.
• Review record-keeping policies to ensure compliance with the 3-year preservation requirement in Part 3.
• Conduct periodic audits to confirm that conditions are being met, especially regarding weight calculations, operations manual content, and pilot entitlements.