Commonwealth legislation

CASA EX80/08 – Exemption – minimum height and lateral separation for operations

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

This gives Australian Maritime Resources Pty Ltd special permission to fly closer to the ground and obstacles than normally allowed when fighting bushfires.

Normally, aviation safety rules require pilots to maintain minimum heights and distances from obstacles to prevent crashes. However, fighting fires effectively often requires flying very low to drop water, foam, or fire retardant accurately.

This exemption allows the company's pilots to ignore those normal height and separation rules (specifically subregulation 137.140(3) of the Civil Aviation Safety Regulations) but only if:

They are dropping fire suppressants or doing reconnaissance for firefighting; and
The operation is conducted under an official arrangement with a State or Territory fire authority.

The exemption applied from December 2008 until November 2010.

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Current sections

Direct links to the current provisions in CASA EX80/08 – Exemption – minimum height and lateral separation for operations.

CASA EX80/08 – Exemption – minimum height and lateral separation for operations

Instrument number CASA EX80/08

I, MICHAEL DAVID QUINN, Deputy Chief Executive Officer, Operations, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).

[Signed M.D. Quinn]

Mick Quinn
Deputy Chief Executive Officer
Operations

3 December 2008

Exemption — minimum height and lateral separation for operations

1 Duration

This instrument:

(a) commences on the day after it is registered; and

(b) stops having effect at the end of November 2010.

2 Application

This instrument applies to the pilot in command of an aeroplane operated by Australian Maritime Resources Pty Ltd (the operator), Aviation Reference Number 525279, and engaged in operations involving the dropping of fire retardant, foam or water for:

(a) fire fighting; or

(b) reconnaissance flights undertaken for fire fighting.

3 Exemption

The pilot in command of an aircraft operated by the operator is exempt from the requirements of subregulation 137.140 (3) of CASR 1998.

4 Condition

The exemption is subject to the condition in Schedule 1.

Schedule 1 Condition

The operation must be conducted under an arrangement with a recognised State or Territory fire authority.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 CASA EX80/08 – Exemption – minimum height and lateral separation for operations