Heliskiing with off-airfield landing: Which aviation permit is needed before departure

Section 9(1) LFG starts from the rule that aircraft use aerodromes for departure and landing. For a civil aircraft that departs or lands outside an aerodrome, subsection 2 contains the central exception: the operation generally requires a permit from the provincial governor.

For heliskiing, every planned start or landing on a mountain area must therefore be included in the assessment. An agreement with the winter sports provider or a simple permission to use the area does not answer the aviation-law question. Conversely, the authority permit does not replace the consent of the person entitled to dispose of the land.

The permit covers off-airfield departures and landings. Anyone describing only the landing must also check whether the departure takes place at a location that is not an aerodrome.

Under section 9(2) LFG, the holder or responsible pilot of the civil aircraft submits the application for off-airfield departures and landings. For providers, the operational plan must therefore be coordinated with the legally designated applicant and the responsible pilot.

The permit is to be granted where public interests do not oppose the operation, or where a public interest in the departure or landing outweighs an opposing public interest. The permit is time-limited and may carry conditions and requirements where this is necessary to protect public interests.

The conditions form part of the operation plan. The permit must be revoked without delay if a requirement on which it was based no longer exists or if conditions are breached. Departure should therefore never be organised solely on the basis of an old permit.

Some operations cannot state the intended off-airfield departure or landing areas when the application is filed. Section 9(2a) LFG then allows a general permit where the areas cannot be named because of the planned operation and conditions can ensure that no public interests oppose the operation, or an overriding public interest in the operation exists.

This rule is not a blanket exemption for every heliskiing transport. The other provisions of subsection 2 remain applicable. That includes the statutory authority, the public-interest assessment, the time limit and the possibility of conditions and requirements.

The operational file should therefore show why the areas change, which selection limits apply and how the operation complies with the conditions. Once a specific land surface is used, the consent of the person entitled to dispose of it must also be addressed.

Section 9(4) LFG sets an additional requirement for using a land surface. An off-airfield landing or departure under subsection 2 or 3 is permissible only if the person entitled to dispose of the land consents to the use.

This consent must be kept separate from the provincial governor permit. Agreements with a tour operator, a ski area or another participant should therefore show who can dispose of the specific area and the scope of the permitted use.

The documentation should bring together the area, period, purpose and consenting person. A general agreement for a region does not automatically cover every landing. The content of the agreement remains decisive.

Before the operation, the application, permit, time limit, conditions and actual departure and landing areas should be brought together in one operational file. This makes it possible to see whether the planned transport is covered by the permit.

Section 9 LFG answers the aviation-law question of the off-airfield departure or landing. Depending on the area and province, additional checks under nature conservation or provincial law may be required. Those checks do not automatically follow from the section 9 permit.

For later questions, retain the permit, conditions, area description and land consent. This is useful even where the transport is completed without an incident and the later issue concerns only the lawfulness of the planning.