Civil Aviation Order 95.54 (Part 131 Recreational Activity and Specialised Balloon Operations) Instrument 2024

This Civil Aviation Order (CAO) 95.54 (Part 131 Recreational Activity and Specialised Balloon Operations) Instrument 2024 is a subordinate instrument made by the Director of Aviation Safety under regulation 5 of the Civil Aviation Regulations 1988 (CAR) and regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998 (CASR). It commences on 12 November 2024 and self‑repeals at the end of 11 November 2027 (s 2). The instrument is explicitly framed as a modified and expanded remake of the 2021 CAO 95.54 (s 1(1) note).

Mechanically, the CAO does four core things.

It creates a set of CASA‑issued "relevant permits" and "relevant endorsements" that, when held and used in compliance with stated conditions, stand in for certain authorisations that otherwise might be required under CAR/CASR or by a Part 131 ASAO (see definitions and tables in s 5 and the regime in Parts 2 and 3). The relevant permits and endorsements are listed in two tables in the definitions (s 5) and include student/private/instructor/examiner permits and endorsements for night VFR, non‑controlled aerodrome operations, large envelopes, hang glider carriage, gas balloons and hot air airships.
It expressly permits operation of Part 131 aircraft engaged in Part 131 recreational activities or specialised balloon operations without a flight crew licence in the sense of paragraph 20AB(1)(b) of the Civil Aviation Act 1988, provided the pilot in command holds a relevant permit and complies with this CAO (s 6(1) read with s 4). Radio HF transmissions remain an exception: the person must hold a flight radiotelephone operator licence, or a radio operator (balloon) permit, or be authorised under Part 61 or Part 64 of CASR (s 6(2)).

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I, Philippa Jillian spence, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 5 of the Civil Aviation Regulations 1988 and regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed P. Spence]

Pip Spence Director of Aviation Safety

5 November 2024

Civil Aviation Order 95.54 (Part 131 Recreational Activity and Specialised Balloon Operations) Instrument 2024

Contents

Page

PART 1 PRELIMINARY

1 Name of instrument

2 Commencement

3 Table of Contents

4 Application

5 Definitions

PART 2 RELEVANT PERMITS

6 Flight crew licence not required

7 Application for, and grant of, a relevant permit

PART 3 RELEVANT ENDORSEMENTS

8 Application for, and grant of, a relevant endorsement

PART 4 EXEMPTIONS

9 Exemption — pilot maintenance on relevant aircraft

10 Exemptions — Part 131 pilot authorisation

PART 5 CONDITIONS ON EXEMPTIONS

11 General conditions

12 Particular conditions

PART 6 DIRECTION

13 Part 131 recreational activity

PART 1 PRELIMINARY

1 Name of instrument

(1) This instrument is Civil Aviation Order 95.54 (Part 131 Recreational Activity and Specialised Balloon Operations) Instrument 2024.

Note This instrument is a modified and expanded remake of Civil Aviation Order 95.54 (Part 131 Recreational Activity and Specialised Balloon Operations) Instrument 2021. That CAO self-repealed at the end of 11 November 2024.

(2) This Order may be cited as Civil Aviation Order 95.54 or CAO 95.54.

(3) A reference in a CASA instrument (being an instrument issued by CASA under a statutory power to issue the instrument) to Section 95.54 of the Civil Aviation Orders is taken to be a reference to this CAO.

2 Commencement

This instrument:

(a) commences on 12 November 2024; and

(b) is repealed at the end of 11 November 2027.

3 Table of Contents

The Table of Contents for this Civil Aviation Order (CAO) is not part of this CAO. It is for reader guidance only and may be modified or edited in any published version of this CAO.

4 Application

An exemption under this CAO applies in relation to a relevant aircraft only if the pilot in command:

(a) holds a relevant permit; and

(b) complies with the conditions of the exemption.

5 Definitions

In this Order:

ABF means the Australian Ballooning Federation.

ASAO has the meaning given by the CASR Dictionary.

CAR means the Civil Aviation Regulations 1988, as in force immediately before the commencement of this instrument, unless otherwise specified.

CASR means the Civil Aviation Safety Regulations 1998.

CP(B)L is short for commercial pilot (balloon) licence, issued by CASA.

flight radiotelephone operator licence has the meaning given by the CASR Dictionary.

night VFR balloon endorsement means an endorsement to operate a relevant aircraft at night under the visual flight rules.

non-controlled aerodrome endorsement means an endorsement to operate a relevant aircraft below 2 000 ft. above the elevation of a non-controlled aerodrome at, or within 3 NM of, the aerodrome.

Part 91 MOS means the Part 91 (General Operating and Flight Rules) Manual of Standards 2020.

Part 105 MOS means the Part 105 (Parachuting from Aircraft) Manual of Standards 2023.

Part 131 aircraft has the meaning given by regulation 131.005 of CASR.

Part 131 MOS means the Part 131 (Balloons and Hot Air Airships) Manual of Standards 2024.

Part 131 pilot authorisation has the meaning given by the CASR Dictionary.

Part 131 recreational activity has the meaning given by regulation 131.025 of CASR.

Note Such an activity does not include specialised balloon operations, but this CAO also applies to such operations through the definition of relevant aircraft.

procedures manual means the CASA Recreational Ballooning Procedures Manual, as in force from time to time.

Note The CASA Recreational Ballooning Procedures Manual is a modified version of the former ABF operations manual that was in force immediately before 2 December 2023. It is available on the CASA website Civil Aviation Safety Authority (casa.gov.au).

relevant aircraft means a Part 131 aircraft engaged in:

(a) a Part 131 recreational activity; or

(b) a specialised balloon operation.

relevant endorsement means a relevant endorsement mentioned in the Table (the relevant endorsement table):

(a) that has not expired, or been cancelled or revoked by CASA; and

(b) that:

(i) before the commencement of this CAO — was issued by CASA, or deemed to be a relevant endorsement, in accordance with Civil Aviation Order 95.54 (Part 131 Recreational Activity and Specialised Balloon Operations) Instrument 2021; or

(ii) before 2 December 2023 — was issued by the ABF; or

(iii) is issued by CASA in accordance with this CAO.

Relevant endorsement table

Item	Relevant endorsement
1	Gas balloon endorsement
2	Hot air airship endorsement
3	Night VFR balloon endorsement
4	Non-controlled aerodrome endorsement
5	Endorsement to operate a balloon that has an envelope capacity greater than 120 000 cubic feet
6	Endorsement to carry and release a hang glider

Note Relevant endorsements apply for relevant aircraft. See the definition of relevant aircraft.

relevant endorsement table: see the definition of relevant endorsement.

relevant permit means a permit mentioned in the Table (the relevant permit table):

(a) that has not expired, or been cancelled or revoked by CASA; and

(b) that:

(i) before the commencement of this CAO — was issued by CASA, or deemed to be a relevant permit, in accordance with Civil Aviation Order 95.54 (Part 131 Recreational Activity and Specialised Balloon Operations) Instrument 2021; or

(ii) is issued by CASA in accordance with this CAO.

Relevant permit table

Item	Relevant permit
1	Student pilot (balloon) permit
2	Private pilot (balloon) permit
3	Radio operator (balloon) permit
4	Instructor private pilot (balloon) permit Grade 2
5	Instructor private pilot (balloon) permit Grade 1
6	Examiner private pilot (balloon) permit

Note Relevant permits apply for relevant aircraft. See the definition of relevant aircraft.

relevant permit table: see the definition of relevant permit.

relevant permit to operate means a permit mentioned in item 1, 2, 4, 5 or 6 of the relevant permit table.

specialised balloon operation has the meaning given by regulation 131.020 of CASR.

Note Under regulation 131.325 of CASR, the operator of a Part 131 aircraft that involves a specialised balloon operation must hold an approval under regulation 131.035 and operate the aircraft in accordance with the conditions of the approval.

PART 2 RELEVANT PERMITS

6 Flight crew licence not required

(1) For paragraph 20AB(1)(b) of the Civil Aviation Act 1988, the following are taken to constitute an authorisation to perform a duty essential to the operation of a relevant aircraft without holding a fight crew licence:

(a) the holding of a relevant permit to operate that is not a flight crew licence;

(b) compliance with the requirements set out in this CAO.

(2) However, if a person makes airborne radio transmissions on aeronautical HF frequencies, the person must:

(a) hold a current flight radiotelephone operator licence; or

(b) hold a radio operator (balloon) permit; or

7 Application for, and grant of, a relevant permit

(1) A person may apply in writing to CASA for a relevant permit in accordance with this CAO.

(2) CASA may grant the relevant permit, with or without conditions, but:

(a) only in accordance with the applicable requirements under the procedures manual; and

(b) subject to paragraph (3) — only if the applicant has successfully completed all applicable theory and practical training for the relevant permit in accordance with the syllabus in the procedures manual.

(3) Despite paragraph (2), CASA may issue a relevant permit that is a private pilot (balloon) permit or a radio operator (balloon) permit if the applicant holds an overseas qualification that CASA approves in writing as being equivalent to the relevant permit.

(4) To avoid doubt, Subparts 11.B and 11.BA of CASR are to be taken to apply for the purposes of an application for a relevant permit, as if the permit were an authorisation.

(5) For the purposes of this subsection, an applicant is deemed to include a person:

(a) who intends to conduct a Part 131 recreational activity in Australia, in a relevant aircraft, over a period not longer than 30 days; and

(b) who holds current qualifications equivalent to both a private pilot (balloon) permit and a radio operator (balloon) permit that was granted by the national aviation authority of a Contracting State; and

(c) for whom the procedures manual contains specific requirements which the person must satisfy to be granted a private pilot (balloon) permit and a radio operator (balloon) permit under this CAO.

PART 3 RELEVANT ENDORSEMENTS

8 Application for, and grant of, a relevant endorsement

(1) A person who holds a relevant permit to operate may apply in writing to CASA for a relevant endorsement in accordance with this CAO.

(2) CASA may grant the relevant endorsement, with or without conditions, but:

(a) only in accordance with the applicable requirements under the procedures manual; and

(b) only if the applicant has successfully completed all applicable theory and practical training for the relevant endorsement in accordance with the syllabus in the procedures manual.

(3) To avoid doubt, Subparts 11.B and 11.BA of CASR are to be taken to apply for the purposes of an application for a relevant endorsement, as if the endorsement were an authorisation.

(4) For the purposes of this subsection, an applicant is deemed to include a person:

(a) who intends to conduct a Part 131 recreational activity in Australia, in a relevant aircraft, over a period not longer than 30 days; and

(b) who holds current qualifications equivalent to a relevant endorsement that was granted by the national aviation authority of a Contracting State; and

(c) for whom the procedures manual contains specific requirements which the person must satisfy to be granted a relevant endorsement under this CAO.

(5) CASA must not grant an endorsement to operate a balloon that has an envelope capacity greater than 260 000 cubic feet unless the applicant:

(a) holds a relevant permit; and

(b) either:

(i) holds a CP(B)L with a restricted Class 2 (R) endorsement (but limited to an envelope capacity of not greater than 400 000 cubic feet); or

(ii) holds a CP(B)L with an unrestricted Class 2 (U) endorsement.

Note A Class 2 (R) endorsement means a restricted Class 2 balloon endorsement. A Class 2 (U) endorsement means an unrestricted Class 2 balloon endorsement. See paragraph 2.2 of Civil Aviation Order 40.7 and section 27.05 of the Part 131 (Balloons and Hot Air Airships) Manual of Standards 2024.

PART 4 EXEMPTIONS

9 Exemption — pilot maintenance on relevant aircraft

(1) For a relevant aircraft, a person is exempted from compliance with a requirement of subparagraph 42ZC(4)(db)(i) of CAR.

(2) Paragraph (1) does not affect subparagraphs of 42ZC(4)(db)(ii) and (iii) of CAR.

(3) The exemption under paragraph (1) is subject to the condition that the person who may carry out maintenance in Australian territory on a balloon that is both a relevant aircraft and a class B aircraft must be the holder of one of the following that is valid for the aircraft:

(a) a commercial pilot (balloon) licence;

(b) a relevant permit to operate, other than a student pilot (balloon) permit.

Note 1 The requirements of subparagraphs 42ZC(4)(db)(ii) and (iii) of CAR must also be complied with, namely:

(a) the maintenance is specified in Part 2 of Schedule 8 of CAR; and

(b) the maintenance is carried out in accordance with any conditions prescribed by legislative instrument issued by CASA for the purposes of this subparagraph.

The maintenance is colloquially referred to as pilot maintenance.

Note 2 Under regulation 2 of CAR, a class B aircraft is one that is not a class A aircraft. The class A aircraft definition excludes balloons. The effect of this subsection is that a private pilot (balloon) permit without a relevant endorsement is limited to a Part 131 aircraft with an envelope size of no greater than 120 000 cubic feet. Consequently, for such a pilot, pilot maintenance under this subsection is limited to a Part 131 aircraft with an envelope size of no greater than 120 000 cubic feet. However, if the pilot has an endorsement for a Part 131 aircraft with an envelope size of greater than 120 000 cubic feet, then the pilot may carry out pilot maintenance on that larger aircraft.

10 Exemptions — Part 131 pilot authorisation

(1) The pilot in command of a relevant aircraft in a Part 131 recreational activity is exempted from compliance with the requirement in a relevant provision to hold a Part 131 pilot authorisation mentioned in paragraph (c) of the definition of Part 131 pilot authorisation.

Note Paragraph (c) of the definition of a Part 131 pilot authorisation in the CASR Dictionary refers to an authorisation from a Part 131 ASAO that authorises the holder to operate a Part 131 aircraft. That element of the definition is currently inoperative because the relevant ASAO has withdrawn and no other ASAO has assumed the role.

(2) Each exemption under this subsection is subject to the applicable conditions under subsections 11 and 12.

(3) For paragraph (1), each of the following provisions of CASR is a relevant provision:

(a) subparagraph 91.155(1)(b)(iv) (manipulate flight controls);

(b) subparagraph 91.155(2)(b)(iv) (manipulate flight controls);

(c) subparagraph 91.625(1)(b)(iv) — to the extent that the required authorisation would otherwise be a radio operator (balloon) permit (use of radio);

(d) subparagraph 91.640(1)(b)(iv) — to the extent that the required authorisation would otherwise be a radio operator (balloon) permit (radio listening watch);

(e) the chapeau of paragraph 91.715(2)(c) (simulating instrument failure);

Note But see the condition in paragraph 12(1).

(f) subregulation 105.100(3) — but only to the extent that section 5.57 of the Part 105 MOS requires compliance with an ASAO exposition for safe parachute descents;

Note The procedures manual addresses the safety of relevant parachute descents. See also subparagraph 11(1)(b).

(g) subregulation 105.105(1) (restraints in parachute operations);

(h) subparagraph 105.155(2)(b)(i) (parachute descent from balloons);

(i) subregulation 131.245(2) (pilot to be authorised);

(j) subregulation 131.285(1) — but only to the extent of the requirement under paragraph 6.04(2)(b) of the Part 131 MOS (keeping a pilot logbook);

Note But see the condition in paragraph 12(2).

(k) subparagraph 131.315(2)(b)(ii) (flights at night);

Note But see the condition in paragraph 12(3).

(l) paragraphs 131.353(1)(b), (c) and (d) — but only to the extent of paragraphs 15.06(1)(c) and 15.08(1)(c) of the Part 131 MOS (controlled aerodromes, etc.);

Note But see the conditions under paragraph 11(2) (for required qualifications) and paragraph 12(4) (regarding the radio and transponder requirements that apply under Chapter 26 of the Part 131 MOS).

(m) subregulation 131.360(2) — but only to the extent of the requirement under paragraph 17.02(3)(c) of the Part 131 MOS (non-controlled aerodromes);

Note But see the condition in paragraph 12(5).

(n) subparagraph 131.565(2)(a)(iii) (pilot qualifications);

(o) paragraph 131.565(2)(b) — but only to the extent of the requirement under subsection 27.02(3) of the Part 131 MOS (training and checking requirements — CP(B)L holder);

Note But see the condition in paragraph 12(6).

(p) paragraph 131.565(2)(b) — but only to the extent of the requirement under subsection 27.03(2) of the Part 131 MOS (training and checking requirements — recreational pilot);

Note But see the condition in paragraph 12(7).

(q) paragraph 131.565(2)(c) — but only to the extent of the requirement under subparagraph 27.06(1)(a)(ii) of the Part 131 MOS (VFR recency requirements for night VFR flight);

Note But see the condition in paragraph 12(8).

(r) paragraph 131.565(2)(c) — but only to the extent of the requirement under paragraph 27.06(2)(b) of the Part 131 MOS (instructor qualifications for night VFR check);

Note But see the condition in paragraph 12(9).

(s) paragraph 131.580(1)(b) (Part 131 activities to be authorised);

(t) paragraph 131.580(3)(b) (Part 131 activities to be authorised);

(u) regulation 131.585 — but only to the extent that the regulation requires a person to hold the authorisation of a Part 131 ASAO in order to carry outside a Part 131 aircraft, and release, a hang glider.

Note 1 But see the condition in paragraph 12(10).

Note 2 The phrases in brackets in the subparagraphs are merely an informal reader’s guide.

PART 5 CONDITIONS ON EXEMPTIONS

11 General conditions

(1) Each exemption under subsection 10 is subject to the condition that the operator and the pilot in command, as applicable, of a relevant aircraft must comply with the following requirements:

(a) subject to paragraph (2), and paragraph 12(6), the relevant aircraft may only be operated by a person who holds one of the following to operate the aircraft in a Part 131 recreational activity:

(i) a CP(B)L;

(ii) a certificate of validation issued under Part 5 of CAR;

(iii) a relevant permit to operate the aircraft, including the relevant endorsements applicable for the activity;

(b) subject to subparagraph (c), the pilot of a relevant aircraft must conduct the Part 131 recreational activity in accordance with any applicable procedures under the procedures manual;

Note This includes, for example, procedures for carriage of hang gliders, VFR flight by night, recency requirements.

(i) are specified in the procedures manual; and

(ii) apply to the operation of the aircraft.

(2) For the exemption under subparagraph 10(3)(l) (controlled aerodromes, etc.), the relevant aircraft may only be operated by a person who holds:

(a) a relevant permit to operate, including the relevant endorsements applicable for the activity; and

(b) a current pilot licence with an aircraft category rating, under Part 61 of CASR, with privileges that include operating at a controlled aerodrome or in a controlled area or a control zone; and

12 Particular conditions

(1) It is a condition of the exemption under subparagraph 10(3)(e) (simulating instrument failure) that the pilot in command must otherwise comply with the requirements in subparagraphs 91.715(2)(c)(i) and (ii).

(2) It is a condition of the exemption under subparagraph 10(3)(j) (keeping a pilot logbook) that the pilot in command must keep the information in a pilot personal logbook or in accordance with the procedures manual.

(3) It is a condition of the exemption under subparagraph 10(3)(k) (flights at night) that the pilot in command must hold a night VFR balloon endorsement.

(4) It is a condition of the exemption under subparagraph 10(3)(l), (controlled aerodromes, etc.) that to operate a relevant aircraft at a controlled aerodrome, or in a controlled area or a control zone, the operator and the pilot in command must comply with the applicable requirements under Chapter 26 of the Part 131 MOS.

Note Chapter 26 deals with radio and transponder requirements.

(5) It is a condition of the exemption under subparagraph 10(3)(m) (non-controlled aerodromes) that the pilot in command must hold a non-controlled aerodrome endorsement.

(6) It is a condition of the exemption under subparagraph 10(3)(o) (training and checking requirements — CP(B)L) that the pilot in command must hold a CP(B)L or a certificate of validation, and comply with the applicable training and checking requirements in the procedures manual.

(7) It is a condition of the exemption under subparagraph 10(3)(p) (training and checking requirements — recreational pilot) that the pilot in command must comply with the applicable training and checking requirements in the procedures manual.

(8) It is a condition of the exemption under subparagraph 10(3)(q) (VFR recency requirements for night VFR flight) that the pilot in command must comply with the applicable VFR recency requirements in the procedures manual.

(9) It is a condition of the exemption under subparagraph 10(3)(r) (instructor qualifications for night VFR flight) that the instructor must hold a night VFR balloon endorsement issued by CASA.

(10) It is a condition of the exemption under subparagraph 10(3)(u) that the pilot in command must hold an endorsement to carry and release a hang glider.

(11) To avoid doubt, subject to the effect of any exemption under this CAO, this CAO does not otherwise affect any applicable requirements that an operator or pilot in command of a relevant aircraft must comply with in accordance with the CAR or CASR, as is in force from time to time.

Note See, for example, applicable provisions under CASR Part 91 and the Part 91 MOS and CASR Part 131 and the Part 131 MOS. If there is a conflict between any of the provisions in the procedures manual and a provision under the CAR or CASR, the latter takes priority.

PART 6 DIRECTION

13 Part 131 recreational activity

The operator and the pilot in command of a Part 131 aircraft must not operate the aircraft in a Part 131 recreational activity unless the operation is conducted under and in accordance with this instrument.

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[Signed P. Spence]

Pip Spence Director of Aviation Safety

5 November 2024

Civil Aviation Order 95.54 (Part 131 Recreational Activity and Specialised Balloon Operations) Instrument 2024

Contents

Page

PART 1 PRELIMINARY

1 Name of instrument

2 Commencement

3 Table of Contents

4 Application

5 Definitions

PART 2 RELEVANT PERMITS

6 Flight crew licence not required

7 Application for, and grant of, a relevant permit

PART 3 RELEVANT ENDORSEMENTS

8 Application for, and grant of, a relevant endorsement

PART 4 EXEMPTIONS

9 Exemption — pilot maintenance on relevant aircraft

10 Exemptions — Part 131 pilot authorisation

PART 5 CONDITIONS ON EXEMPTIONS

11 General conditions

12 Particular conditions

PART 6 DIRECTION

13 Part 131 recreational activity

PART 1 PRELIMINARY

1 Name of instrument

(1) This instrument is Civil Aviation Order 95.54 (Part 131 Recreational Activity and Specialised Balloon Operations) Instrument 2024.

(2) This Order may be cited as Civil Aviation Order 95.54 or CAO 95.54.

This CAO organises the regulatory permissions for Part 131 ballooning activities around five core concepts: relevant aircraft, relevant permits, relevant endorsements, exemption/condition mechanics, and the procedures manual. Each concept is defined and cross‑linked to CASA practice.

Relevant aircraft (s 5): The term is defined to mean a Part 131 aircraft engaged in a Part 131 recreational activity (regulation 131.025 of CASR) or a specialised balloon operation (regulation 131.020 of CASR). The CAO therefore applies to both recreational balloon flights and those specialised balloon operations that fall under Part 131.
Relevant permit (s 5 and relevant permit table): The CAO lists six permits that are treated as "relevant permits" when not expired or revoked: student pilot (balloon), private pilot (balloon), radio operator (balloon), instructor private pilot permits Grade 2 and Grade 1, and examiner private pilot permit. Items 1, 2, 4, 5 and 6 are identified as "relevant permit to operate" (i.e. permits that authorise operation), while radio operator is distinct. The CAO also deems certain historical permits issued under the 2021 CAO or by ABF before 2 December 2023 as relevant (see s 5(b) criteria).
Relevant endorsement (s 5 and relevant endorsement table): The CAO recognises six endorsements: gas balloon; hot air airship; night VFR balloon; non‑controlled aerodrome; envelope capacity >120 000 cu ft; and endorsement to carry and release a hang glider. Relevant endorsements may have been issued by CASA under the 2021 CAO, by ABF prior to 2 December 2023, or by CASA under this CAO (s 5).
Exemptions and conditions (Parts 4-5): The CAO creates specific exemptions to provisions of CAR/CASR, most prominently (a) an exemption from the Part 131 ASAO element of a Part 131 pilot authorisation (s 10) and (b) an exemption relevant to pilot maintenance on balloons (s 9). Each exemption is conditional: the pilot must hold the relevant permit and comply with the general (s 11) and particular (s 12) conditions. The general conditions include who may operate a relevant aircraft (CP(B)L, certificate of validation under Part 5 of CAR, or relevant permit plus applicable endorsements) and the requirement to comply with procedures in the procedures manual (s 11(1)).
Procedures manual (s 5): The CASA Recreational Ballooning Procedures Manual is the central operational repository. It is endorsed as "as in force from time to time" and is identified as a modified version of the former ABF manual. The CAO requires adherence to procedures in the manual (s 11(1)(b)), makes the grant of permits and endorsements conditional on compliance with the manual’s syllabi and training requirements (ss 7(2)(a), 7(2)(b), 8(2)(a), 8(2)(b)), and makes the manual the place where specific operational practices (carriage of hang gliders, VFR night procedures, recency) are specified.

Ancillary concepts that structure practice:

Deeming and historical continuity: the CAO continues recognition of certain instruments issued under the 2021 CAO and some ABF documents issued before 2 December 2023 as "relevant" (s 5). This preserves continuity for permits and endorsements issued prior to the procedure change.
Interaction with CASR/CAR and MOS: The CAO repeatedly cross‑references CAR, CASR, and relevant Manuals of Standards (Part 91 MOS, Part 131 MOS, Part 105 MOS). The operator must comply with CAR/CASR/MOS where applicable; if there is conflict between the procedures manual and CAR/CASR, the latter takes priority (s 11(11) note). The CAO also instructs that Subparts 11.B and 11.BA of CASR are to be taken as applying to permit/endorsement applications (ss 7(4), 8(3)).
Temporal limits and scope: the CAO is time‑bound , 12 November 2024 to 11 November 2027 (s 2). It applies only where the pilot in command holds the relevant permit and complies with the CAO’s conditions (s 4).

Together, these concepts show a regime that delegates detail to a CASA procedures manual while creating a statutory wrapper of permits, endorsements and conditional exemptions to enable recreational and some specialised balloon operations to proceed without an ASAO authorisation. The CAO is drafted to integrate with existing licensing frameworks (CP(B)L, radiotelephone licences), and to preserve certain legacy ABF and 2021 CAO authorisations.

The CAO affects several discrete actor groups, and its operation shifts decision and compliance burdens to particular persons and entities.

Pilots who operate Part 131 aircraft in recreational activities, and pilots who perform pilot maintenance on balloons: The CAO conditions exemptions and privileges on the pilot in command holding a "relevant permit" (s 4) or a CP(B)L or certificate of validation under Part 5 of CAR (s 11(1)(a)). For pilot maintenance, s 9(3) requires the person performing maintenance on a balloon that is both a relevant aircraft and a class B aircraft to hold either a CP(B)L or a relevant permit other than a student pilot permit.
Operators of Part 131 aircraft: s 11(1) makes the operator (as applicable) responsible for complying with the CAO conditions and with procedures in the procedures manual. s 13 directs that operator and pilot must not conduct Part 131 recreational activity unless the operation is conducted under and in accordance with the instrument. Operators of specialised balloon operations remain subject to regulation 131.325 of CASR and must hold the approval under regulation 131.035 for such operations, as noted in the definition of specialised balloon operation (s 5 note).
CASA as decision maker and standards setter: CASA grants relevant permits and endorsements (ss 7 and 8). Grants are to be "only in accordance with the applicable requirements under the procedures manual" and dependent on completion of syllabi and practical/theory training specified in the procedures manual (ss 7(2), 8(2)). CASA also retains discretion to grant private pilot or radio operator permits on the basis of approved overseas qualifications (s 7(3)). The instrument also authorises CASA to issue the procedures manual and to amend it "from time to time" (s 5).
The Australian Ballooning Federation (ABF) and legacy permit/endorsement holders: The CAO recognises certain ABF‑issued endorsements and earlier CASA issuances under the 2021 CAO as being "relevant" if issued before specified dates , ABF endorsements before 2 December 2023 and CASA issuances under the 2021 CAO before commencement of this CAO (s 5). Holders of those legacy permits/endorsements remain covered, subject to expiry, cancellation or revocation.
Holders of CP(B)Ls and other CASA flight crew licences: The CAO acknowledges CP(B)L and certificates of validation as qualifying documents for operation and maintenance (s 11(1)(a), s 9(3)). Holders of CP(B)L with restricted/unrestricted Class 2 balloon endorsements are relevant for operation of large envelope balloons, per s 8(5).
Foreign pilots who intend to conduct short visits: The CAO treats applicants as including a person who intends to conduct a Part 131 recreational activity in Australia for up to 30 days, holds qualifications equivalent to private pilot and radio operator permits from a Contracting State, and for whom the procedures manual specifies requirements (ss 7(5), 8(4)). This creates a pathway for short‑term foreign participants, conditional on the manual’s specified requirements.
Air traffic control/airport authorities: The CAO creates specific conditions for operations at controlled aerodromes or in controlled areas (s 11(2) and s 12(4)). To operate at controlled aerodromes, the pilot and operator must have a Part 61 category rating and valid flight review, and must comply with Chapter 26 of the Part 131 MOS (radio and transponder requirements), so ATC interactions are affected by the CAO’s prerequisites.
Parachuting and hang gliding operators: The CAO intersects with parachute descent rules in Part 105 MOS (s 10(3)(f) and notes). The CAO requires an endorsement to carry and release a hang glider for the relevant exemption to apply (s 12(10)) and references obligations under CASR regulation 131.585 and the Part 131 MOS.

Who pays and who decides: The pilots and operators bear compliance costs , training, endorsements, permit applications to CASA and adherence to the procedures manual , while CASA makes grant decisions and maintains the procedures manual. The ABF’s prior role is partly preserved through deeming provisions but is effectively superseded as an active issuer of endorsements by CASA for post‑December 2023 issuances.

This instrument creates duties and modifies the circumstances in which particular rights (to operate, to perform maintenance, to make radio transmissions) arise. The core duties and rights fall into four areas: entitlement to operate without a flight crew licence; conditions on grant of permits/endorsements; exemptions from the ASAO element of Part 131 pilot authorisation; and conditions on pilot maintenance.

Entitlement to operate without holding a flight crew licence (s 6):

Right: Under s 6(1), for the purposes of paragraph 20AB(1)(b) of the Civil Aviation Act 1988, a person holding a relevant permit (which is not a flight crew licence) and complying with the CAO is taken to have the authorisation to perform duties essential to the operation of a relevant aircraft without holding a flight crew licence. This effectively recognises a non‑flight‑crew permit as sufficient authorisation where the CAO conditions are met.
Duty/limitation: If the person makes airborne radio transmissions on aeronautical HF frequencies, they must hold a flight radiotelephone operator licence, or a radio operator (balloon) permit, or be authorised under Part 61 or Part 64 of CASR (s 6(2)).

Application and grant duties (ss 7-8):

Duty to apply in writing: A person must apply in writing to CASA for a relevant permit or endorsement in accordance with the CAO (ss 7(1), 8(1)).
Grant conditions: CASA may grant permits/endorsements only in accordance with the procedures manual and only if the applicant has successfully completed all applicable theory and practical training in accordance with the syllabus in the procedures manual (ss 7(2), 8(2)). Subparts 11.B and 11.BA of CASR are to be taken to apply for application purposes (ss 7(4), 8(3)), which imposes the administrative framework of those CASR subparts on applications.
Right to recognition of overseas qualifications: CASA may issue a private pilot (balloon) permit or radio operator (balloon) permit based on an overseas qualification approved in writing as equivalent (s 7(3)). For short‑term foreign operators (30 days or less), the CAO deems them applicants subject to the procedures manual specifying further requirements (ss 7(5), 8(4)).

Exemption from Part 131 ASAO authorisation (s 10):

Right: The pilot in command of a relevant aircraft in a Part 131 recreational activity is exempted from the requirement in the CASR Dictionary definition of Part 131 pilot authorisation that refers to an authorisation issued by a Part 131 ASAO (s 10(1)). The instrument notes the ASAO role is currently inoperative because the relevant ASAO withdrew; the exemption therefore substitutes CASA permits/endorsements and CAO conditions for the ASAO element.
Duty: The exemption is subject to the general and particular conditions (ss 11 and 12). A list of CASR provisions where those authorisations would otherwise be required is set out in s 10(3); each such exemption is limited and in several instances subject to additional conditions in s 12.

Pilot maintenance (s 9):

Right: s 9(1) exempts a person from compliance with subparagraph 42ZC(4)(db)(i) of CAR for relevant aircraft, which relates to pilot maintenance.
Duty/qualification: The person who may carry out maintenance in Australian territory on a balloon that is both a relevant aircraft and a class B aircraft must hold either a CP(B)L or a relevant permit to operate, other than a student pilot permit (s 9(3)). Note 2 to s 9 explains that a private pilot (balloon) permit without endorsement is limited to aircraft with envelope size no greater than 120 000 cu ft, and therefore pilot maintenance rights mirror endorsement limits.

Operational duties (ss 11-13 and notes):

Duty to operate in accordance with the CAO: s 13 directs the operator and pilot in command not to operate the aircraft in a Part 131 recreational activity unless the operation is conducted under and in accordance with this instrument.
Duty to comply with procedures manual and MOS/CASR/CAR: s 11(1)(b) requires operation in accordance with applicable procedures under the procedures manual. s 11(11) expressly preserves higher‑order legal obligations: if there is a conflict between the procedures manual and a provision under CAR or CASR, the latter takes priority.

Specific conditions attaching to particular exemptions (s 12) create further duties: for example, the pilot must hold a night VFR balloon endorsement for night operations (s 12(3)); must hold a non‑controlled aerodrome endorsement for operations at or within 3 NM of a non‑controlled aerodrome below 2 000 ft (s 12(5)); must keep personal logbook information in accordance with the procedures manual (s 12(2)); and must hold an endorsement to carry and release a hang glider to rely on the relevant exemption (s 12(10)).

Rights that are limited or conditional:

Endorsements for very large envelopes: CASA must not grant an endorsement to operate a balloon with an envelope capacity greater than 260 000 cu ft unless the applicant holds a relevant permit and a particular CP(B)L configuration (s 8(5)). A restricted Class 2 (R) endorsement is limited to envelopes not greater than 400 000 cu ft; an unrestricted Class 2 (U) endorsement is also recognised (s 8(5) note).
Controlled aerodrome operations: Operating at a controlled aerodrome requires, in addition to a relevant permit, a Part 61 pilot licence with an aircraft category rating permitting controlled area operations and a valid flight review (s 11(2)).

In short, the CAO establishes conditional rights to operate and perform maintenance where the pilot and operator satisfy permit/endorsement and procedural requirements. CASA retains decision rights over permitting and endorsing, and the procedures manual is the primary operational instrument where duties are specified in detail.

The CAO does not itself create monetary penalties, criminal offences or a standalone enforcement schedule. It operates principally by granting exemptions from specified CAR/CASR requirements subject to detailed conditions, and by directing that operators and pilots must conduct Part 131 recreational activities "under and in accordance with this instrument" (s 13). Enforcement therefore arises by reference to the surrounding statutory and regulatory framework rather than from sanctions contained in the CAO.

Key enforcement mechanics and implications that follow from the instrument’s structure:

Conditional exemptions as an enforcement mechanism: The CAO makes certain permissions contingent on meeting its conditions (s 4; ss 10-12). A person who lacks the required relevant permit or who fails to comply with conditions in ss 11-12 will not have the benefit of the exemption. Loss of the exemption may render an operation non‑compliant with CAR/CASR; enforcement action for that non‑compliance could follow under the Civil Aviation Act 1988, CAR, CASR and associated regulatory instruments. The CAO itself, however, does not list the specific regulatory consequences for operating without the exemption.
Administrative enforcement by CASA for permits and endorsements: CASA retains the power to grant permits and endorsements "with or without conditions" and to revoke or cancel them (implicitly, as the CAO recognises permits and endorsements that have "not expired, or been cancelled or revoked by CASA" as relevant , s 5). Administrative actions affecting permits/endorsements (suspension, cancellation, revocation) would be exercised under CASA’s statutory powers and claimable under the administrative law framework; the CAO presumes CASA will exercise such powers, but it does not specify procedures or thresholds for enforcement within the CAO text itself.
Reliance on CAR/CASR offences and enforcement provisions: The CAO cross‑references various provisions of CASR and CAR (see s 10(3) listing numerous CASR subparagraphs). Enforcement for breaches of those CASR/CAR provisions, if relevant, would be under the enforcement mechanisms in those instruments , e.g. regulatory sanctions, infringement notices, administrative enforcement, and other penalties set out elsewhere. The CAO preserves those higher‑order standards and notes that conflicts between the procedures manual and CAR/CASR are resolved in favour of CAR/CASR (s 11(11) note), meaning enforcement can proceed under CAR/CASR regardless of the manual.
Direction and compliance obligation: s 13 contains a direct obligation: "The operator and the pilot in command of a Part 131 aircraft must not operate the aircraft in a Part 131 recreational activity unless the operation is conducted under and in accordance with this instrument." This creates a clear compliance hook that CASA and other regulators can rely on to characterise unauthorised operations. The CAO itself supplies no fine schedule, but the breach of the direction will likely feed into enforcement actions under CAR/CASR or the Civil Aviation Act.
Operational limits that imply enforcement triggers: Several particular conditions set out in s 12 (night VFR endorsement, non‑controlled aerodrome endorsement, logbook requirements, controlled aerodrome requirements) are straightforward compliance checks. Failure to hold the requisite endorsement where the CAO condition requires it would remove the exemption; that absence will be material to any regulatory action.

In sum, the CAO establishes a compliance regime that rests on conditional exemptions, CASA’s administrative control over permits and endorsements, and integration with CAR/CASR enforcement architecture. The instrument itself does not specify penalties; instead, compliance failure converts into non‑compliance with CAR/CASR and the Civil Aviation Act, bringing to bear the enforcement mechanisms available under those instruments and CASA’s administrative powers to cancel or revoke permits and endorsements.

The CAO is designed to operate within the broader civil aviation regulatory structure and contains explicit cross‑references to other legislation and delegated instruments. The CAO both modifies the operation of, and defers to, CAR, CASR, Manuals of Standards (MOS) and the Civil Aviation Act 1988.

Primary interactions as set out within the CAO:

Civil Aviation Act 1988 (paragraph 20AB(1)(b)): s 6(1) states that, for the purposes of paragraph 20AB(1)(b) of the Civil Aviation Act 1988, holding a relevant permit and complying with the CAO constitutes an authorisation to perform duties essential to the operation of a relevant aircraft without holding a flight crew licence. This makes the CAO an instrument that supplies an "authorisation" for the relevant statutory provision.
Civil Aviation Regulations 1988 (CAR): The CAO is made under regulation 5 of CAR and contains a specific exemption from subparagraph 42ZC(4)(db)(i) of CAR regarding pilot maintenance (s 9(1)). The CAO also notes (s 9(2) and Note 1 to s 9) that other subparagraphs of 42ZC(4)(db) (ii) and (iii) remain in force and must be complied with. The CAO therefore operates by issuing narrow exemptions from CAR where specified.
Civil Aviation Safety Regulations 1998 (CASR): The CAO is also made under particular CASR regulations (11.160, 11.205, 11.245) (s 1 preamble). Section 10 lists a catalogue of CASR provisions (e.g. ss 91.155, 91.625, 91.640, 91.715, 105.100, 105.105, various 131 provisions) and identifies the CAO exemptions that exempt holders from the requirement to hold the ASAO element of a Part 131 pilot authorisation. The CAO also directs that Subparts 11.B and 11.BA of CASR apply to permit/endorsement applications (ss 7(4), 8(3)). The CAO in effect sits alongside CASR and modifies the practical application of some CASR requirements by providing an alternative authorisation route.
Manuals of Standards (Part 91 MOS, Part 105 MOS, Part 131 MOS): The CAO cross‑references MOS provisions and delegates operational detail to them, as well as to the CASA procedures manual. For instance, s 5 defines Part 131 MOS and s 11(2) directs compliance with Chapter 26 of the Part 131 MOS for controlled aerodrome operations. Section 10(3)(f) and note reference subsection 5.57 of the Part 105 MOS and require compliance with an ASAO exposition for safe parachute descents except that the procedures manual addresses parachute safety for relevant parachute descents (s 10(3)(f) note and s 11(1)(b) cross reference).
CASA procedures manual: The CAO delegates most operational detail to the CASA Recreational Ballooning Procedures Manual (s 5 definition; s 11(1)(b) requires compliance with procedures in the manual). The manual may be modified from time to time and is available on CASA’s website. The CAO preserves CAR/CASR priority over the procedures manual: if there is a conflict, CAR/CASR take priority (s 11(11) note).
Certificates of validation and existing licences: The CAO presumes the continuing operation of other licensing frameworks. For example, a certificate of validation issued under Part 5 of CAR qualifies to operate a relevant aircraft for the exemption under s 11(1)(a). CP(B)L licences and their Class 2 endorsements (restricted/unrestricted) are decisive for large envelope endorsements (s 8(5)) and for pilot maintenance eligibility (s 9(3)).
ASAO regime and its absence: The CAO explicitly addresses the ASAO role in the Part 131 pilot authorisation definition. It exempts the requirement to hold an authorisation from a Part 131 ASAO because "the relevant ASAO has withdrawn and no other ASAO has assumed the role" (s 10 note). This CAO therefore substitutes a CASA‑based regime where the statutory definition anticipates an ASAO element.

Conflict and hierarchy:

The CAO contains an express statement that if there is a conflict between any provision of the procedures manual and a provision under CAR or CASR, the latter takes priority (s 11(11) note). This preserves the primary hierarchy: CAR/CASR and their MOS govern where they impose obligations.

Temporal and historical interactions:

The CAO deems certain instruments issued under the previous CAO (2021) and ABF permits/endorsements issued before 2 December 2023 to be "relevant" for the purposes of this CAO (s 5). Thus, the CAO interacts retroactively (in the sense of recognition) with prior administrative acts to preserve continuity for holders.

Operational implications:

Because the CAO delegates detailed training, syllabus and procedural requirements to the procedures manual, compliance with MOS and the CASR administrative framework for applications (Subparts 11.B and 11.BA) is necessary; the CAO does not displace the need to consult and comply with CAR, CASR and MOS.

In short, the CAO operates as a cross‑referencing instrument that modifies, fills gaps in, and interoperates with CAR, CASR, their MOSs and CASA’s administrative practice, while preserving the legal priority of CAR/CASR where inconsistencies might arise.

The instrument itself contains a short recorded amendment history and transition scaffolding embedded in its definitions and notes. The CAO is framed as a remake of an earlier instrument and sets temporal markers for recognition of prior administrative acts.

Recorded points in the instrument:

Remake of the 2021 CAO: s 1(1) note states that this instrument is a "modified and expanded remake" of Civil Aviation Order 95.54 (Part 131 Recreational Activity and Specialised Balloon Operations) Instrument 2021 and notes that the 2021 CAO self‑repealed at the end of 11 November 2024. This CAO commences the next day, 12 November 2024 (s 2), creating a neat continuity in regulatory coverage.
Temporal recognition of ABF and earlier CASA issuances: s 5 provides that a relevant endorsement or relevant permit is one that "has not expired, or been cancelled or revoked by CASA" and that either (i) before the commencement of this CAO was issued by CASA, or deemed to be a relevant endorsement/permit in accordance with the 2021 CAO; or (ii) before 2 December 2023 was issued by the ABF; or (iii) is issued by CASA in accordance with this CAO. That wording recognises and preserves the legal status of permits/endorsements issued under legacy arrangements up to certain dates (CASA under 2021 CAO before commencement; ABF before 2 December 2023). The instrument therefore establishes transition rules for legacy instruments.
Procedures manual provenance and timing: The definition of procedures manual (s 5) states it is the CASA Recreational Ballooning Procedures Manual "as in force from time to time" and notes that it is a modified version of the former ABF operations manual that was in force immediately before 2 December 2023. This ties the procedural provenance to the ABF manual and fixes 2 December 2023 as a transition date for that document’s status.
Sunset clause: s 2 provides a self‑repeal (sunset) date: the CAO is repealed at the end of 11 November 2027. This creates a fixed three‑year lifespan (12 November 2024 to 11 November 2027) unless further instruments are made.
Continuity of references: s 1(3) states that a reference in a CASA instrument to Section 95.54 of the Civil Aviation Orders is taken to be a reference to this CAO, which helps future drafting and instruments that refer to Section 95.54.

What is omitted from the CAO about amendment history:

The CAO text does not include a schedule of amendments or a history of prior wording beyond referring to the 2021 CAO as the antecedent and the ABF date cut‑off. There is no record within the instrument of changes between the 2021 CAO and this 2024 CAO; the instrument states it is "modified and expanded" but does not itemise those modifications.

Practical implications:

The CAO constructs a transition regime that preserves legacy permits and endorsements issued by ABF or under the earlier CAO up to prescribed dates, while moving forward with CASA as the issuer of new permits/endorsements and with a CASA procedures manual as the operational standard. The sunset date imposes a planning horizon for industry participants and for CASA itself, signalling that the instrument is intended as a medium‑term regulatory fix rather than indefinite policy permanence.

The CAO text contains no litigation history, citations of judicial decisions, or references to legal proceedings. It does not record any court or tribunal challenges or other contested administrative decisions related to its content. The instrument therefore has no embedded case history or established judicial interpretation within the text offered.

What the absence of litigation history in the instrument implies for practitioners:

There are no judicial precedents interpreting the provisions of this specific instrument recorded within it. Any dispute about the CAO’s meaning, the lawful exercise of CASA’s discretion in granting or revoking permits/endorsements, or the relationship between the CAO and CAR/CASR/MOS would therefore be novel and resolved by application of statutory construction principles to the CAO text and its cross‑references, and by reference to the administrative law corpus that governs CASA decision making.
Because the CAO preserves CAR/CASR priority and relies on CASA administrative acts (granting, revoking, conditioning permits), future litigation is more likely to arise as judicial review of specific CASA decisions (e.g. refusal, cancellation, conditions) or contemporaneous enforcement actions under CAR/CASR rather than direct statutory challenges to the CAO itself.

For practitioners preparing to litigate or advise in contested matters:

The CAO’s requirement that Subparts 11.B and 11.BA of CASR be taken to apply to permit and endorsement applications (ss 7(4), 8(3)) will be central to procedural fairness and administrative law arguments about CASA decisions.
The procedures manual, while operationally important, is subordinate to CAR/CASR; any argument about its validity or content will need to be framed with reference to the enabling instruments and to administrative law controls on delegated instruments and procedural fairness as applied to CASA’s use of the manual.

In short, the instrument does not supply any litigation history. Any legal contest about its operation will come from subsequent factual applications and CASA administrative acts, which have not been recorded in the instrument.

This CAO contains a number of concrete pitfalls where operators, pilots, or advisers might assume permissive coverage but in fact face conditional or limited rights. The following items are specific, text‑based "gotchas" for practitioners.

Exemption only applies if pilot holds relevant permit and complies with conditions (s 4): The CAO’s exemptions are not automatic. The note in s 4 makes clear that an exemption applies in relation to a relevant aircraft only if the pilot in command both holds a relevant permit and complies with the conditions of the exemption. Absent a valid permit or adherence to conditions, the exemption does not exist.
Procedures manual contains operative requirements and can change "from time to time" (s 5): The CAO delegates detailed operational requirements to the CASA Recreational Ballooning Procedures Manual and requires compliance with its procedures (s 11(1)(b)). The manual is "as in force from time to time", meaning operators must monitor updates to the manual. Changes to the manual may impose new training, recency or equipment requirements that affect ongoing operations.
CAR/CASR and MOS override the procedures manual (s 11(11) note): If an operator relies on a procedures manual provision that conflicts with CAR/CASR, the latter takes priority. However, in practice operators may find themselves complying with more restrictive procedures in the manual; knowing which instrument prevails requires legal interpretation in borderline cases.
Radio transmissions on HF require separate qualification (s 6(2)): The CAO says a relevant permit is taken to authorise operating without a flight crew licence, but making airborne radio transmissions on aeronautical HF frequencies remains subject to a flight radiotelephone operator licence, a radio operator (balloon) permit, or authorisation under Part 61/64 of CASR. Pilots who assume the relevant permit alone covers all communicative duties risk unlawful HF transmissions.
Some CASR provisions are only partially exempted and subject to further conditions (s 10(3) and s 12): Section 10(3) lists many CASR provisions where the ASAO authorisation element is exempted, but often only "to the extent" specified, and many of these are subject to conditions recorded in s 12 (e.g. simulated instrument failure, night flights, controlled/non‑controlled aerodrome requirements). Practitioners must map each operational scenario to the specific CAO condition.
Controlled aerodrome operation requires Part 61 licence plus flight review (s 11(2)): A relevant permit alone is not sufficient to operate at a controlled aerodrome. The pilot must also hold a current Part 61 pilot licence with the appropriate aircraft category rating and a valid flight review. This is a potential trap for recreational or ABF‑trained pilots who lack Part 61 category ratings.
Pilot maintenance limited by envelope size and qualification (s 9 and note 2): The note to s 9 limits a private pilot (balloon) permit without endorsement to Part 131 aircraft with envelope size no greater than 120 000 cu ft. Therefore pilot maintenance rights are likewise capped unless the pilot holds the relevant endorsement. Practically, pilots must check both their permit and the balloon envelope size before performing pilot maintenance.
Endorsements issued by ABF only recognised up to 2 December 2023 (s 5): The CAO recognises ABF‑issued relevant endorsements only if issued before 2 December 2023. ABF endorsements issued on or after 2 December 2023 are not automatically "relevant endorsements" under this CAO, which can create gaps for pilots who rely on later ABF issuances.
Large envelope endorsement conditional on CP(B)L and class ratings (s 8(5)): CASA must not grant an endorsement for envelopes >260 000 cu ft unless the applicant holds a relevant permit and either a CP(B)L with a restricted Class 2 (R) endorsement (up to 400 000 cu ft) or CP(B)L with an unrestricted Class 2 (U) endorsement. That creates layered qualifications for large‑envelope operation that must be verified before flight.
Temporary foreign operations require procedures manual conditions (ss 7(5), 8(4)): Foreign pilots visiting for up to 30 days are "deemed" applicants only if they hold equivalent qualifications and the procedures manual specifies requirements. The manual therefore controls the admissibility and conditions for foreign short‑term operators; failure to satisfy manual requirements may render them ineligible.
Expiry/sunset risk (s 2): The CAO expires at the end of 11 November 2027. Operators with aircraft or business models that rely on long‑term regulatory certainty must plan for the instrument’s sunset and for whatever regulatory arrangements follow.
Lack of explicit penalty schedule inside the CAO: Because the CAO does not specify sanctions, parties might mistakenly assume breaches of the CAO are technical matters only; in fact, loss of exemption converts conduct into non‑compliance with CAR/CASR and may attract enforcement under those regimes.
Reliance on CASA discretion for grant, condition and revocation (ss 7(2), 8(2) and relevant notes): CASA's grants are subject to the procedures manual and its own discretion. Applicants cannot compel CASA to grant a permit absent compliance and satisfaction of CASA’s procedural and substantive requirements; reviewability will depend on administrative law principles and the CASA decision record.

In practice, these "gotchas" cluster around: (1) the need to check permit/endorsement validity and origin; (2) the requirement to comply with an externally maintained procedures manual; (3) the interplay between CASA‑issued documents and Part 61 licences or CP(B)L privileges; and (4) the sunset timing. Advisers should map each operational scenario (night VFR, controlled aerodrome, hang glider carriage, pilot maintenance, HF transmissions) to the specific CAO subsections and procedures manual entries before flight.

Compliance with this CAO is procedural and documentary: pilots and operators must hold the relevant permits/endorsements, comply with the CASA procedures manual and satisfy particular conditions for the operation type. Below are concrete steps, grounded in the instrument, for operators, pilots and advisers.

Determine whether the aircraft and activity are "relevant" (s 5)

Confirm the aircraft is a Part 131 aircraft and that the activity is either a Part 131 recreational activity (regulation 131.025 of CASR) or a specialised balloon operation (regulation 131.020 of CASR) (s 5 definitions).
If the operation is a specialised balloon operation, ensure the operator holds approvals required under CASR regulation 131.035 and operates in accordance with those approvals (s 5 note).

Establish that the pilot in command holds a valid relevant permit or other qualifying licence (ss 4, 11(1)(a))

For the exemption to apply, the pilot in command must hold a relevant permit that is valid (s 4; s 5 relevant permit table). Alternatively, a CP(B)L or a certificate of validation under Part 5 of CAR qualifies for operation (s 11(1)(a)).
Check permit provenance. If the permit or endorsement was issued under the 2021 CAO or by the ABF before 2 December 2023, confirm it is still unexpired and not cancelled/revoked (s 5).

Obtain and maintain required endorsements for specific operations (s 5 relevant endorsement table; s 12)

For night operations, hold a night VFR balloon endorsement (s 12(3)).
For operations below 2 000 ft at or within 3 NM of a non‑controlled aerodrome, hold a non‑controlled aerodrome endorsement (s 12(5)).
For carriage and release of a hang glider, hold the endorsement to carry and release a hang glider (s 12(10)).
For operation of balloons with an envelope capacity greater than 120 000 cu ft or greater thresholds, ensure appropriate endorsement and CP(B)L conditions are met (s 5 item 5; s 8(5)).

Apply to CASA in writing for permits/endorsements in accordance with the CAO and procedures manual (ss 7(1), 8(1))

Submit written applications to CASA as required by ss 7(1) and 8(1).
Ensure you have completed the applicable theory and practical training set out in the procedures manual’s syllabus; CASA may only grant permits/endorsements in accordance with the manual (ss 7(2)(a), 7(2)(b), 8(2)(a), 8(2)(b)).

Meet radiocommunication requirements (s 6(2))

If airborne HF radio transmissions are planned, ensure the person transmitting holds a flight radiotelephone operator licence, or a radio operator (balloon) permit, or is otherwise authorised under Part 61 or Part 64 of CASR (s 6(2)).

For controlled aerodrome operations, verify Part 61 licence and flight review (s 11(2))

Ensure the pilot holds a current Part 61 pilot licence with an aircraft category rating that includes operating at controlled aerodromes or in controlled areas/control zones.
Ensure the pilot holds a valid flight review under Part 61 for the aircraft’s class rating (s 11(2)(b), (c)).

For pilot maintenance, check qualifications and envelope size limits (s 9)

A person carrying out permitted pilot maintenance on a relevant balloon that is a class B aircraft must hold a CP(B)L or a relevant permit other than a student permit (s 9(3)).
Confirm envelope size limits: a private pilot (balloon) permit without endorsement is limited to aircraft with envelope capacity <=120 000 cu ft; maintenance rights track endorsement limits (s 9 note 2).

Keep logbook and recency records per procedures manual (s 12(2), s 12(8))

Maintain pilot personal logbook information either in a pilot personal logbook or in accordance with the procedures manual (s 12(2)).
Comply with applicable VFR recency and checking requirements referenced in the procedures manual (s 12(7), s 12(8)).

Follow the CASA Recreational Ballooning Procedures Manual (s 5; s 11(1)(b))

Consult the procedures manual for operational procedures (carriage of hang gliders, VFR night procedures, recency requirements), syllabi for training and the additional requirements for temporary foreign pilots (ss 7(5), 8(4)).
Monitor the manual for updates ("as in force from time to time") and integrate changes into company training and compliance systems.

Maintain documentary evidence and monitor permit/endorsement validity

Keep evidence of permits/endorsements, CASA grant letters, CP(B)L endorsements and any equivalence approvals for overseas qualifications (s 7(3)).
Note that relevant permits/endorsements are only "relevant" if they have not expired, been cancelled or revoked by CASA (s 5).

Ensure operations are "under and in accordance with" the CAO (s 13)

Before each Part 131 recreational activity, verify that the operation will be conducted under and consistent with the CAO, the procedures manual and applicable CAR/CASR/MOS provisions. s 13 is a direct compliance obligation.

Prepare for expiry of the CAO (s 2)

The CAO expires on 11 November 2027. Operators and industry representatives should plan for transition or replacement regulatory instruments and maintain records to preserve continuity (e.g. ensure permits and endorsements are documented and transferable or re‑issuable under any successor instrument).

For foreign short‑term operations, consult procedures manual for specific requirements (ss 7(5), 8(4))

Ensure that the procedures manual contains and that you satisfy its specific requirements for holders of overseas qualifications intending to operate in Australia for up to 30 days.

Legal and advisory precautions

Where in doubt about the interplay between CAR/CASR and the procedures manual, seek legal advice. The CAO preserves CAR/CASR priority (s 11(11) note). When applying to CASA, ensure procedural fairness and administrative process documentation consistent with Subparts 11.B and 11.BA of CASR (ss 7(4), 8(3)).

Following these concrete steps, and maintaining documentary records demonstrating completion of CASA‑specified training, endorsements and permit status, will align a pilot and operator with the conditions that the CAO requires for exemptions to operate Part 131 aircraft in recreational activities and certain specialised balloon operations.

Civil Aviation Order 95.54 (Part 131 Recreational Activity and Specialised Balloon Operations) Instrument 2024

Plain English Summary

Deep Dive

What it does

Current sections

Civil Aviation Order 95.54 (Part 131 Recreational Activity and Specialised Balloon Operations) Instrument 2024

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply