Instrument number CASA 67/24

I, PAUL HIBBERD, National Manager, Emerging Technologies & Regulatory Change, National Operations and Standards Division, a delegate of CASA, make this instrument under regulations 11.245 and 101.065 of the Civil Aviation Safety Regulations 1998.

[Signed P. Hibberd]

Paul Hibberd
National Manager, Emerging Technologies & Regulatory Change
National Operations and Standards Division

15 November 2024

CASA 67/24 — Operation of RPA in Sydney Harbour Restricted Areas, R405A and R405B (CASA-Verified Drone Safety App) Instrument 2024

1 Name

  This instrument is CASA 67/24 — Operation of RPA in Sydney Harbour Restricted Areas, R405A and R405B (CASA-Verified Drone Safety App) Instrument 2024.

2 Duration

  This instrument:

(a) commences on 16 November 2024; and

(b) is repealed at the end of 11 November 2026.

Note   For regulation 11.250 of CASR, the directions stated in section 5 cease to be in force at the end of 11 November 2026.

3 Definitions

Note   In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include aerial work operation, Australian territory, remote pilot licence, restricted area, RPA and RPAS.

  In this instrument:

CASA RPAS digital platform means the CASA digital platform, accessible on the internet by third party app developers, which provides data in relation to aeronautical information relevant to RPA operations.

CASA-verified drone safety app means a software application, connected to the CASA RPAS digital platform, which is listed as a verified app on the CASA website on the internet.

Note   The relevant CASA website address on the internet is <https://www.casa.gov.au/drones/safety-apps>.

documented practices and procedures has the meaning given by subsection 1.04(2) of the Part 101 Manual of Standards.

operating area means the segment of airspace described on a CASA-verified drone safety app, defined by reference to horizontal and vertical limits within the relevant restricted areas, in which an RPA may be operated.

R405A means the area of Australian territory declared as a restricted area, and designated as “YMMM/R405A Sydney”, under instrument number CASA OAR 068/24.

R405B means the area of Australian territory declared as a restricted area, and designated as “YMMM/R405B Sydney”, under instrument number CASA OAR 068/24.

Note   On the making of this instrument, R405A and R405B are declared to be restricted areas under CASA OAR 068/24 – Declarations and Directions in relation to Prohibited, Restricted and Danger Areas, Etc. – Permanent Instrument 2024.

relevant restricted area means a restricted area approved under subsection 4(1).

remote pilot means:

(a) the holder of a remote pilot licence; or

(b) a person who is taken to hold a remote pilot licence under subregulation 202.461(3) of CASR.

RPA operator means a person who is certified as an RPA operator under regulation 101.335 of CASR.

4 Permission

1.          On application made by AUSTRALIAN ASSOCIATION FOR UNCREWED SYSTEMS INCORPORATED, ASIC Registration Number A39728, under subregulation 101.065 of CASR, CASA approves R405A and R405B as restricted areas in, or over, which a remote pilot is permitted to operate an RPA.
2.           The operation of an RPA by a remote pilot in, or over, a relevant restricted area is subject to the directions stated in section 5.

5 Directions

 (1) A remote pilot (the pilot) operating an RPA in an operating area must:

(a) if the pilot is an RPA operator — be registered, using a CASA-verified drone safety app, to be authorised to operate the RPA in the operating area during a period notified to the pilot on the app; or

(b) be a member of the personnel of an RPA operator that has registered, using a CASA-verified drone safety app, to be authorised to operate the RPA in the operating area during a period notified to the pilot on the app.

 (2) The pilot must, during the RPA operation, comply with any operating limitations, relevant to the operation, which are notified to the pilot on the CASA-verified drone safety app in relation to the registration mentioned in subsection (1).

 (3) The pilot must conduct the RPA operation only as an aerial work operation.

 (4) The pilot must, during the RPA operation:

(a) not operate any other RPA; and

(b) take reasonable steps to ensure a listening watch is maintained on frequency 120.8 MHz, from 15 minutes before the start of a flight of the RPA until the RPA has landed at the end of the flight; and

(c) take reasonable steps to ensure that reliable mobile phone coverage exists in the operating area.

 (5) The pilot must, during the RPA operation, ensure the RPA is equipped and operated with an active fail-safe mode that will ensure, in the event of a data link loss between the RPA and its associated remote pilot station during a flight of the RPA, the RPA will:

(a) adjust altitude to the minimum safe level, to provide obstacle clearance and the minimum potential for collision with other aircraft; and

(b) transit to a pre-defined safe landing, or flight termination, area; and

(c) land or otherwise end the flight.

 (6) If there is an inconsistency between a requirement of the relevant RPA operator’s documented practices and procedures and a direction in this section, the pilot must comply with the direction.