I, SHANE PATRICK CARMODY, Director of Aviation Safety, on behalf of CASA, make this instrument under paragraph 28BA (1) (b) and subsection 98 (4A) of the Civil Aviation Act 1988, subregulations 5 (1A), 172 (2A) and (3), 207 (2), 215 (3) and 217 (1) of the Civil Aviation Regulations 1988, regulations 11.160 and 11.245 of the Civil Aviation Safety Regulations 1998, and subsection 33 (3) of the Acts Interpretation Act 1901.
Shane Carmody
Director of Aviation Safety
Civil Aviation Order 82.6 Amendment Instrument 2020 (No. 2)
This instrument is the Civil Aviation Order 82.6 Amendment Instrument 2020 (No. 2).
2 Commencement
This instrument commences on the day it is registered.
3 Amendment of Civil Aviation Order 82.6
Schedule 1 amends Civil Aviation Order 82.6 (Night vision imaging system — helicopters) 2007 (as amended).
Schedule 1 Amendments
[1] Subsection 1, definition of aerial fire fighting
repeal and substitute
aerial fire fighting means an operation, in an operational area for a fire, to fight the fire from the air using:
(a) a flight crew of 2 pilots, or at least 1 pilot and 1 aircrew member; and
(b) either:
(i) a helicopter from which incendiaries for controlled burning are dropped by means of a device operated by a person specifically carried for that purpose (incendiary dropping) provided that the operation is supported by an operational safety case approved in writing by CASA; or
Note If acceptable to CASA, an operational safety case may be in the form of, or include, relevant additions or supplements to the operator’s operations manual for the aerial fire fighting.
(ii) a helicopter in accordance with clause 3C in Appendix 3.
[2] Appendix 3, after clause 3B
insert
3C Aerial fire fighting — use of belly tank
3C.1This clause is for sub-subparagraph (b) (ii) of the definition of aerial fire fighting in subsection 1.
3C.2A helicopter equipped with a belly tank may be filled and refilled with water, fire retardant or similar substance taken from the following locations:
(a) if the helicopter is on the ground — a source on the ground at a conforming HLS;
(b) if the helicopter is in the hover and using the helicopter’s on-board pump — a portable tank at a conforming HLS;
(c) otherwise — a location in accordance with a written approval from CASA under clause 3C.3.
3C.3For paragraph 3C.2 (c), an operator may apply in writing to CASA to approve a location, or a kind of location, at which a helicopter equipped with a belly tank may be filled and refilled with water, fire retardant or similar substance.
3C.4For subclause 3C.3, CASA may approve the location, or the kind of location (with or without conditions) if:
(a) the operator’s application includes a detailed risk assessment; and
(b) given the risks identified by the operator or by CASA — approval of the location, or kind of location, and operations in accordance with any conditions, would not have an adverse effect on aviation safety.
3C.5For subclause 3C.3, if CASA approves the location, or kind of location, the approval, including any conditions, must be set out in the operator’s operations manual along with any procedures required for the operator to ensure that any conditions are complied with.
Note Conditions may include (but are not limited to), for example, limitations on flight time for particular operations or locations, requirements for underwater escape training, collection system and other equipment requirements, including additional search-lighting, prior survey of locations and environmental circumstances such as weather and degree of moonlight.