Legislative changes - Amendment to CAO 29.5
Amendment to CAO 29.5
CAO 29.5 - Air service operations - miscellaneous - dropping of articles from aeroplanes in flight
Civil Aviation Amendment Order (No. 6) 2002 (8K Adobe Acrobat file)
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Regulation 150 of the Civil Aviation Regulations 1988 (CAR 1988) deals with the dropping of articles and substances from aircraft.
Subregulation 150 (1) contains a general prohibition subject to various exceptions in the regulation.
Among these exceptions, paragraph 150 (2) (a) permits the dropping of substances from an aircraft in accordance with directions issued by CASA. Paragraph 150 (2) (d) permits, in an emergency, the jettisoning of liquid fuel over areas where hazard to persons or property on the ground or water is not created.
Subregulation 7 (2) of the Air Navigation (Fuel Spillage) Regulations 1999 permits the releasing of fuel from an aircraft in accordance with a direction received from air traffic control. Such a direction need not be consistent with paragraph 150 (2) (d) of CAR 1988.
The Order amends section 29.5 of the Civil Aviation Orders, which contains directions under paragraph 150 (2) (a), to allow the release of fuel in accordance with the Air Navigation (Fuel Spillage) Regulations 1999, if paragraph 150 (2) (d) does not apply. This avoids an inconsistency between the 2 sets of regulations in relation to fuel being released in accordance with a direction from air traffic control.
The Office of Regulation Review has stated that a Regulation Impact Statement is not necessary because the amendments described above are of a minor or machinery nature.
The Order came into effect on gazettal. It was made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.