Civil Aviation Order 20.21 Instrument 2015 (Cth)

I, Mark alan skidmore, Director of Aviation Safety, on behalf of CASA, make this instrument under subsection 98 (4A) of the Civil Aviation Act 1988, subregulation 5 (1), paragraph 157 (4) (b) and subregulation 235 (7) of the Civil Aviation Regulations 1988, regulation 11.160 of the Civil Aviation Safety Regulations 1998, and subsection 33 (3) of the Acts Interpretation Act 1901.

[Signed M. Skidmore] Mark Skidmore AM Director of Aviation Safety 5 May 2015 Civil Aviation Order 20.21 Instrument 2015

1A Name of instrument (1)This instrument is the Civil Aviation Order 20.21 Instrument 2015. (2)This instrument may be cited as Civil Aviation Order 20.21. (3) A reference in an instrument to section 20.21 of the Civil Aviation Orders is a reference to this instrument.

1B Commencement This instrument commences on the day of registration.

1C Repeal Civil Aviation Amendment Order (No. R20) 2004, also known as F2005B00804, including section 20.21 of the Civil Aviation Orders as set out in Schedule 1 of that instrument, as amended, is repealed.

2 Application This Order applies to rotorcraft engaged in agricultural operations and related inspection flights.

2A Definitions In this Order: agricultural operations has the same meaning given by subregulation 2 (1) of the Civil Aviation Regulations 1988 (CAR 1988).

3 Low flying permission 3.1Under paragraph 157 (4) (b) of CAR 1988, permission is granted for the flight of rotorcraft at a lower height than 500 feet over any area other than a city, town or populous area while the rotorcraft is engaged in: (a) agricultural operations authorised by an AOC; and (b) inspection flying related to such agricultural operations; and (c) transit flights to a treatment area up to a maximum radius of 5 nautical miles from the aerodrome or agricultural landing area in use when carrying an agricultural payload. 3.2Despite the permission granted in paragraph 3.1, a rotorcraft engaged in agricultural operations and related inspection flights must not be flown over, or in proximity to, a building occupied by persons unless it is operated in a pattern and at such an altitude that in the event of an emergency it can avoid endangering persons or property on the ground. The rotorcraft must not in any event be flown within 100 metres horizontally of an occupied building which forms part of a city, town or populous area, or below 350 feet above terrain within 100 metres horizontally of an occupied building which is situated in any other area, unless: (a) a notice in writing of such flight has been given to the occupier of the building not less than 48 hours before the proposed flights and no objection to the flight is made; or (b) if it is not reasonably practical to give a written notice under the preceding subparagraph, a verbal notice of such flights is given to the occupier before the flight and no objection to the flight is made. Note 1 The distance limits mentioned above are based on operational safety and aircraft noise considerations and do not take into account the possible environmental and health hazards from handling, storage, application or jettisoning of agricultural chemicals. In this respect, operators should ensure that relevant State requirements, particularly those associated with health and welfare, are adhered to. Such requirements may impose stricter limitations than those in this Order. Note 2 Attention is directed to the fact that the permission granted in this subsection does not confer on an operator any rights, as against the owner of any land over which the operations may be conducted, or prejudice in any way the rights and remedies which any person may have in common law in respect of any injury to persons or damage to property caused directly or indirectly by the operator.