Part 4Minimum height and lateral separation — firefighting operations

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), the aeroplane may fly closer than so provided for if a prescribed written or verbal notice was given to the occupier and the occupier did not object to the operation. However, fires often require an immediate response. Delays through adherence to notice and consent procedures can endanger life and property, both on the ground and in the air. Conditions and directions, specified below, are designed to address these issues.