Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA 20/25 – Operation of Certain Unmanned Aircraft and Rockets – Directions Instrument 2025
Purpose
The purpose of CASA 22/22 – Operation of Certain Unmanned Aircraft – Renewal of Directions Instrument 2022 (the previous instrument) was to issue directions to regulate the operation of certain unmanned aircraft in the interests of safety, particularly in relation to the operation of such aircraft over emergency operations, or near people not associated with the operation of the aircraft.
The instrument was required because Part 101 of the Civil Aviation Safety Regulations 1998 (CASR) is not sufficiently prescriptive or clear in relation to some types of unmanned aircraft or rocket operations which have potentially serious aviation safety implications. This gap is what gave rise to the need for the instrument and for it to be continuously in force. It is planned to amend CASR to remove the need for the directions. The previous instrument expired at the end of 31 March 2025.
Pending development of the proposed regulatory amendments, the purpose of CASA 20/25 – Operation of Certain Unmanned Aircraft and Rockets – Directions Instrument 2025 (the renewal instrument) is to reissue the previous instrument in a revised and updated form that corrects and clarifies the scope of the previous instrument to enhance its effectiveness as an aviation safety instrument.
The previous instrument was made in response to potential aviation safety risks identified as a result of the exponential growth in the operation of remotely piloted aircraft (RPA), commonly known as “drones”, and the community concern expressed about risks to the safety of manned aircraft caused by the operation of unmanned aircraft. The renewal instrument responds to these same risks in a clearer and more effective way.
The renewal instrument newly applies to rockets which can represent the same kind of potential risk to emergency operations personnel and other people as other unmanned aircraft.
Legislation
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General is empowered to make regulations for the Act and in the interests of the safety of air navigation. Relevantly, the Governor-General has made CASR.
Under Part 101 of CASR, rules are prescribed for the operation of unmanned aircraft, including RPA and model aircraft, and rockets.
Under Subpart 101.C of CASR:
- regulation 101.070 prohibits a person from operating an unmanned aircraft above 400 feet (ft) above ground level (AGL) in controlled airspace except in an approved area for the aircraft and in accordance with air traffic control clearance
- regulation 101.075 prohibits a person from operating an unmanned aircraft above 400 ft AGL within 3 nautical miles (NM) of an aerodrome, or over an area that is the movement area or runway of an aerodrome or over an area that is the approach or departure path of an aerodrome, unless permitted under Part 101 or by a permission under regulation 101.080
- regulation 101.085 prohibits a person from operating an unmanned aircraft above 400 ft AGL except in an approved area or as otherwise permitted under Part 101.
Under Subpart 101.G of CASR:
- regulations 101.245 and 101.395 relevantly prohibit the operation of RPA and model aircraft within 30 m of a person who is not directly associated with the operation of the aircraft: the prohibition does not apply if the person is standing behind the aircraft while it is taking off, or in relation to a person who is judging the aircraft as part of a model aircraft flying competition
- regulation 101.400 prohibits the operation of a model aircraft, outside an approved area, above 400 ft AGL unless the aircraft is kept in sight and is kept clear of populous areas.
Under Subpart 101.H of CASR:
- regulation 101.440 prohibits the launch of prescribed rockets above 400 ft AGL within 3 NM of an aerodrome, or over an area that is the movement area or runway of an aerodrome or over an area that is the approach or departure path of an aerodrome, unless permitted under Part 101 or by a permission under regulation 101.445
- regulation 101.455 prohibits the launch of a rocket that is not a model rocket to higher than 400 ft AGL except in an approved area or as permitted under Part 101.
Subpart 101.I of CASR prohibits the use of firework projectiles above 400 ft AGL except with CASA approval.
These are important public safety restrictions on the use of RPA, model aircraft and rockets. However, they have limitations. Relevantly for the present instrument, Part 101 of CASR does not regulate:
- the operation of unmanned aircraft or rockets over an area under the control of an emergency authority, for example, a bushfire zone; or
- how many excluded RPA or model aircraft a person may operate at a single time.
In addition, there is ambiguity and a lack of certainty in relation to the scope and meaning of the “30 m from a person rule”.
Direction power
Under paragraph 11.245(1)(a) of CASR, for subsection 98(5A) of the Act, CASA may, by instrument, issue a direction about any matter affecting the safe navigation and operation of aircraft. Under subregulation 11.245(2), CASA may issue such a direction only if CASA is satisfied that it is necessary in the interests of safety, only if the direction is not inconsistent with the Act, and only for the purposes of CASA’s functions.
Under regulation 11.250, a direction ceases to be in force on a day specified in the instrument or, if no day is specified, 1 year after the instrument commences. Under subregulation 11.255(1), it is a strict liability offence to contravene a direction under regulation11.245 that is applicable to the person. This is because of the seriousness of the matter, and the potential risks to aviation safety, and the safety of persons in the air or on the grounds that arise from any failure to comply with the requirements of a direction. The penalty is 50 penalty units.
Background
As mentioned, Part 101 of CASR is not sufficiently prescriptive or clear in relation to some types of unmanned aircraft or rocket operations which have potentially serious aviation safety implications.
CASA identified that the requirement to not operate an RPA over an area where a fire, police or other public safety or emergency operation is being conducted without the approval of a person in charge of the operation, is found only within the standard RPA operating conditions.
These conditions do not apply in a range of circumstances, including the operation of unmanned aircraft or rockets generally for recreational or sport purposes. CASA had previously received reports of emergency operations involving manned aircraft being interrupted due to an unauthorised RPA operating in the emergency area.
CASA considers it paramount to prohibit operation of unmanned aircraft or rockets near such emergency or public safety operations unless approved by the person in charge of the operation. Such operations often involve rescue and/or firefighting aircraft operating at low level and in reduced visibility such that obstruction or impact by them with an unmanned aircraft or rocket would be a significant risk to aviation safety. Similarly, many emergency service organisations deploy their own unmanned aircraft under the authorisations held by each organisation and, consequently, the risk of collision is high.
CASA also seeks to clarify and simplify first, the requirements for operation of unmanned aircraft or rockets near other people and, secondly, any flight above 400 ft AGL.
CASA proposes to develop relevant amendments to Part 101 of CASR to address the issues currently addressed by the directions, as soon as drafting resources are made available to CASA for this purpose, which is possible within the next 12 to 18 months.
CASA has assessed the impact the renewal instrument will have on aviation safety and is satisfied that it will protect aviation safety as it prohibits the operation of unmanned aircraft or rockets in areas in which their operation may result in risk to the safety of people or other aircraft.
Details of the directions
Details of the renewal instrument are set out in Appendix 1.
Briefly, and in particular, the instrument now:
- applies in relation to rockets that might fly over an area where a fire, police, or other public safety or emergency operation is being conducted (the relevant area)
- provides CASA with a power to approve flights over a relevant area, and clarifies the powers of a person in charge of the operation to do the same, as necessary for the purposes of the operation
- clarifies the “30 m from a person rule” with a more effective description, using the concept of a safety zone for members of the public
- requires that the operator of an unmanned aircraft or a rocket must ensure that the person controlling the unmanned aircraft or rocket complies with the direction, and complies with the operator’s approved practices and procedures designed to ensure such compliance for the purposes of the instrument.
Legislation Act 2003 (the LA)
Paragraph 98(5A)(a) of the Act provides that CASA may issue instruments in relation to matters affecting the safe navigation and operation or the maintenance of aircraft. Additionally, paragraph 98(5AA)(a) of the Act provides that an instrument issued under paragraph 98(5A)(a) is a legislative instrument if the instrument is expressed to apply in relation to a class of persons, and paragraph 98(5AA)(b) of the Act provides that an instrument issued under paragraph 98(5A)(a) is a legislative instrument if the instrument is expressed to apply in relation to a class of aircraft.
The renewal instrument directs a class of persons in relation to the operation of a class of aircraft. The instrument is, therefore, a legislative instrument, and subject to registration, and tabling and disallowance in the Parliament, under sections 15G, and 38 and 42, of the LA.
Sunsetting
As the renewal instrument relates to aviation safety and is made under CASR, that means that Part 4 of Chapter 3 of the LA (the sunsetting provisions) does not apply to the instrument (as per item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015).
The renewal instrument deals with aviation safety matters that, once identified, require a risk response or treatment plan. Generally speaking, item 15, when invoked, is necessary in order to ensure that, in the interests of aviation safety, a relevant instrument has enduring effect, certainty and clarity for aviation operators, both domestic and international.
The renewal instrument is repealed at the end of 31 March 2028 by virtue of the terms of section 2. Thus, in practice, no sunsetting avoidance issues arise and there is no impact on parliamentary oversight.
Incorporations by reference
Under subsection 98(5D) of the Act, the exemption instrument may apply, adopt or incorporate any matter contained in any instrument or other writing. A non-legislative instrument may be incorporated into a legislative instrument made under the Act, as that non-legislative instrument exists or is in force at a particular time or from time to time (including a non-legislative instrument that does not exist when the legislative instrument is made). Under paragraph 15J(2)(c) of the LA, the Explanatory Statement must contain a description of the incorporated documents and indicate how they may be obtained.
References to provisions of legislative instruments such as CASR or a Manual of Standards are taken to be as they are in force from time to time, by virtue of paragraph 13(1)(c) of the LA, and are freely available online on the Federal Register of Legislation.
Under section 9 of the renewal instrument, the operator of an unmanned aircraft or a rocket must ensure that the person controlling the unmanned aircraft or rocket in an operation for the operator complies with each applicable direction in the instrument that applies to the controller, and is familiar with, and follows, the operator’s procedures designed to ensure such compliance.
Where these procedures are not yet in existence, their incorporation is permitted by subsection 98(5D) of the Act.
These operator procedure documents would be the private and proprietary intellectual property of the relevant operators and would not be generally available or free. However, CASA would, if an operator so agreed, make the relevant procedural documents available for public inspection by appointment at an appropriate CASA office on written request.
Consultation
Under section 16 of the Act, in performing its functions and exercising its powers, CASA must consult government, industrial, commercial consumer and other relevant bodies and organisations in so far as CASA considers such consultation to be appropriate.
Under section 17 of the LA, before a legislative instrument is made, CASA must be satisfied that it has undertaken any consultation it considers appropriate and practicable in order to draw on relevant expertise and involve persons likely to be affected by the proposals.
CASA has previously consulted with industry stakeholders in relation to a predecessor instrument. Direct consultation was undertaken with the Australian Association for Unmanned Systems, Australian Certified UAV Operators Inc., Australian Miniature Aerosports Society Inc. and Model Aeronautical Association of Australia Inc. In addition, CASA consulted with members of the former Unmanned Aircraft Systems Sub Committee that was established under CASA’s previous consultation framework as a forum to discuss unmanned aircraft or rockets policy issues.
The directions in the instrument are substantially the same as those previously the subject of consultation. Given this, in so far as the instrument is essentially a renewal of the previous instrument, CASA is satisfied that no consultation is appropriate or reasonably practicable for this instrument for section 16 of the Act, or 17 of the LA.
Office of Impact Analysis (OIA)
An Impact Analysis (IA) is not required because the instrument is covered by a standing agreement between CASA and OIA under which an IA is not required for exemption or direction instruments (OIA id: 14507).
Sector risk, economic and cost impact
Subsection 9A(1) of the Act states that, in exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration. Subsection 9A(3) states that, subject to subsection 9A(1), in developing and promulgating aviation safety standards under paragraph 9(1)(c), CASA must:
(a) consider the economic and cost impact on individuals, businesses and the community of the standards; and
(b) take into account the differing risks associated with different industry sectors.
The cost impact of a standard refers to the direct cost (in the sense of price or expense) which a standard would cause individuals, businesses, and the community to incur. The economic impact of a standard refers to the impact a standard would have on the production, distribution, and use of wealth across the economy, at the level of the individual, relevant businesses in the aviation sector, and the community more broadly. The economic impact of a standard could also include the general financial impact of that standard on different industry sectors.
The renewal instrument replaces an expired instrument and there will be no change to the economic or cost impact on individuals, businesses or the community. Protecting the safety zone of members of the general public, and the airspace over emergency services personnel from the unapproved intrusion of unmanned aircraft, will reduce the risks of injury and damage, and represents a protective cost saving.
Environmental impact
Under subsection 9A(2) of the Act, while regarding the safety of air navigation as the most important consideration, CASA must exercise its powers and perform its functions in a manner that ensures that, as far as practicable, the environment is protected from the effects and associated effects of the operation and use of aircraft.
It is not anticipated there will be any negative environmental impacts as a result of the renewal instrument, as compared to the baseline that existed on 1 December 2021, since the instrument does not create any new environmental impacts arising from flight operations.
Statement of Compatibility with Human Rights
The Statement in Appendix 2 is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The renewal instrument is compatible with human rights: with its aviation safety focus, it promotes the right to life, the right to work, and the right to safe and healthy working conditions, and it does so in a way that is reasonable, necessary and proportionate in the context of aviation safety.
Making and commencement
The instrument commences on 1 April 2025, and is repealed at the end of 31 March 2028. The instrument will be repealed sooner if it proves possible to have relevant regulatory amendments to CASR made.
The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260(1) of CASR.
Attachment 1
Details of:
CASA 20/25 – Operation of Certain Unmanned Aircraft and Rockets – Directions Instrument 2025
1 Name
This section names the instrument.
2 Duration
Under this section, the instrument commences on 1 April 2025, and is repealed at the end of 31 March 2028. It, thereby, ceases to be in force on and from 1 April 2028, a clarification necessary for the purposes of paragraph 11.250(a) of CASR which requires direction instruments to have a cessation date.
3 Definitions
(1) Under this subsection, various words and phrases are defined, including:
rocket, which has the meaning given by the CASR Dictionary and, for the purposes of this instrument, includes a firework projectile. A Note explains that rocket includes a firework rocket; and
safety zone — a notional cylindrical volume of airspace around a person, further described below; and
unmanned aircraft, which means any of the following:
(a) a tethered, or any other kind of, balloon, or a kite;
(b) an unmanned free balloon;
(c) an RPA;
(d) a model aircraft.
(2) Under this subsection, other words and phrases have the same meaning as in Part 101 of CASR and the Act, unless the contrary intention appears.
4 Application
Under this section, the instrument applies, according to its terms, to the operation of unmanned aircraft and rockets, other than operations mentioned in paragraphs 101.005(3)(b) and (c) of CASR. A Note explains that paragraphs 101.005(3)(b) and (c) of CASR refer to certain indoor operations, as defined, and are not affected by this instrument.
In addition to RPA and model aircraft, the renewal instrument will, therefore, apply to the other categories of aircraft mentioned in 101.005(3), namely:
- control-line model aircraft
- model aircraft or unmanned airships operated indoors
- small balloons within 100 m of a structure and not above the top of the structure
- unmanned tethered balloons that remain below 400 ft AGL
- firework rockets not capable of rising more than 400 ft AGL.
The reason for this is that all of these aircraft can present potential risks to the safety zone of members of the general public and the airspace over emergency services personnel.
5 Directions relating to the operation of RPA or model aircraft higher than 400 ft AGL
(1) Under this subsection, a person controlling an RPA or a model aircraft must not operate the aircraft higher than 400 ft AGL.
(2) Under this subsection, the direction in subsection (1) does not apply to the following:
(a) the operation of an RPA or a model aircraft in accordance with:
(i) an authorisation (however described) or exemption granted under CASR that permits operation of the aircraft higher than 400 ft AGL; or
(ii) the approval of an approved area under regulation 101.030 of CASR;
(b) the operation of an RPA by the holder of a remote pilot licence in accordance with the privileges and limitations associated with:
(i) the licence; and
(ii) the certification of the RPA operator that is conducting the operation;
(c) the operation of a model aircraft in accordance with a written approval given by CASA for the purposes of this paragraph.
6 Directions relating to the operation of unmanned aircraft or rockets over areas of public safety or emergency operations
(1) Under this subsection, a person controlling an unmanned aircraft or a rocket must not operate the unmanned aircraft or rocket over an area (the relevant area) where a fire, police, or other public safety or emergency operation (the operation) is being conducted.
(2) Under this subsection, the direction in subsection (1) does not apply to the extent that the operation of the unmanned aircraft or rocket over the relevant area is approved, for the purposes of this subsection:
(a) in writing by CASA; or
(b) where necessary for the purposes of the operation — orally by the person in charge of the operation, provided that a record is made and retained containing appropriate details of the oral approval.
7 Directions relating to the operation of RPA or model aircraft near people
(1) Under this subsection, a person controlling an RPA or a model aircraft must ensure that the aircraft is not operated in, or over, another person’s safety zone, unless the other person has duties essential to the control or navigation of the aircraft.
(2) Under this subsection, the other person’s safety zone is defined as the notional cylindrical volume of airspace around the person that:
(a) rises from the ground or water surface (as applicable) that the person is on, or that the person is directly above; and
(b) has a constant horizontal radius of 30 m from the person’s position.
A Note explains that for the safety purposes of the instrument, there is no ceiling to the safety zone. While this might imply an infinite altitude, that is not the case in practice because without special approvals or permissions, RPA and model aircraft are limited to a maximum altitude of 400 ft, often fly much lower, and loss of control or of a freight load has the potential to injure people directly below in a safety zone.
(3) Under this subsection, the direction in subsection (1) does not apply to any of the following:
(a) the operation of an RPA or a model aircraft if the person holds an approval given by CASA for the purposes of this paragraph;
(b) the operation of an RPA or a model aircraft in accordance with an authorisation (however called) or exemption granted under CASR that permits operation of the RPA or model aircraft less than 30 m from another person;
(c) if:
(i) the person is controlling an RPA that is an airship; and
(ii) the airship approaches no closer to the second person than 10 m horizontally and 30 ft vertically.
8 Directions relating to the operation of a single RPA or model aircraft
(1) Under this subsection, a person controlling an RPA or a model aircraft must only operate 1 aircraft at a time.
(2) Under this subsection, the direction in subsection (1) does not apply to the following:
(a) the operation of a micro RPA or a model aircraft if the person holds an approval given by CASA for the purposes of this paragraph;
(b) the operation of an RPA, other than a micro RPA, in accordance with an authorisation (however called) or exemption granted under CASR for the purposes of this paragraph.
9 Directions relating to the operator of unmanned aircraft or rockets
Under this section, the operator of an unmanned aircraft or a rocket must ensure that the person controlling the unmanned aircraft or rocket in an operation for the operator (the controller):
(a) complies with each applicable direction in this instrument that applies to the controller; and
(b) is familiar with, and follows, the operator’s approved practices and procedures designed to ensure such compliance.
Attachment 2
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA 20/25 – Operation of Certain Unmanned Aircraft and Rockets –
Directions Instrument 2025
This legislative instrument is compatible with the human rights and freedoms
recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The purpose of CASA 22/22 – Operation of Certain Unmanned Aircraft – Renewal of Directions Instrument 2022 (the previous instrument) was to issue directions to regulate the operation of certain unmanned aircraft in the interests of safety, particularly in relation to the operation of such aircraft over emergency operations, or near people not associated with the operation of the aircraft.
The instrument was required because Part 101 of the Civil Aviation Safety Regulations 1998 (CASR) is not sufficiently prescriptive or clear in relation to some types of unmanned aircraft or rocket operations which have potentially serious aviation safety implications. This gap is what gave rise to the need for the instrument, and for it to be continuously in force.
It is planned to amend CASR to remove the need for the directions. This has not yet occurred due to a lack of drafting resources. However, the previous instrument expired at the end of 31 March 2025.
Pending development of the proposed regulatory amendments, the purpose of CASA 20/25 – Operation of Certain Unmanned Aircraft and Rockets – Directions Instrument 2025 (the renewal instrument) is to reissue the previous instrument in a revised and updated form that corrects and clarifies the scope of the previous instrument to enhance its effectiveness as an aviation safety instrument.
The previous instrument was made in response to potential aviation safety risks identified as a result of the exponential growth in the operation of remotely piloted aircraft (RPA), commonly known as “drones”, and the community concern expressed about risks to the safety of manned aircraft caused by the operation of unmanned aircraft. The renewal instrument responds to these same risks in a clearer and more effective way.
The renewal instrument newly applies to rockets which can represent the same kind of potential risk to emergency operations personnel and other people as other unmanned aircraft.
Human Rights Implications
The exemption instrument engages the following human rights without imposing unacceptable limitations, as follows:
- the right to life under Article 6 of the International Covenant on Civil and Personal Rights (ICCPR)
- the right to work and rights at work under Article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR)
- the right to enjoyment of just and favourable conditions of work, including safe and healthy working conditions under Article 7 of the ICESCR.
Article 6 of the ICCPR
Article 6 of the ICCPR protects the right to life.
The renewal instrument is congruent with this right because it is designed to protect the safety zone of a member of the general public, and an area where a fire, police, or other public safety or emergency operation is being conducted.
The engagement is in the context of CASA’s statutory purpose. The aim of CASA and its regulatory framework is to uphold aviation safety by prescribing the conduct of individuals and organisations involved in civil aviation operations, including flight operations. It is, therefore, a threshold requirement for all CASA instruments that, through their safety conditions, they contribute to an acceptably safe aviation environment and deliver safe and healthy working conditions for crew and ground staff, as applicable.
In this instance, the renewal instrument is protective in its scope and application.
Article 6 of the ICESCR
Article 6 of the ICESCR protects the right to work and rights at work.
The right to work includes the right of everyone to the opportunity to gain their living by work which they freely choose or accept. Rights in work include the enjoyment of just and favourable conditions of work and to form and join trade unions.
The United Nations Committee on Economic Social and Cultural Rights has stated that the right to work affirms the obligation of States parties to assure individuals their right to freely chosen or accepted work, including the right not to be deprived of work unfairly.
The Committee has also stated that, for the right to work, the labour market must be open to everyone. In particular, there can be no discrimination in access to and maintenance of employment on the grounds enumerated in article 2 of ICESCR, namely, race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, which has the intention or effect of impairing or nullifying exercise of the right to work. Age should be considered to be a status on which discrimination under article 2 of ICESCR is prohibited. Limiting the work entitlements of non-citizens would not constitute unlawful discrimination under article 2 of ICESCR.
Article 4 of ICESCR provides that countries may subject economic, social and cultural rights only to such limitations “as are determined by law only in so far as this may be compatible with the nature of these rights and solely for the purpose of promoting the general welfare in a democratic society”.
The UN Committee has stated that such limitations must be proportional, and must be the least restrictive alternative where several types of limitations are available, and that even where such limitations are permitted, they should be of limited duration and subject to review. Measures that are retrogressive to the realisation of economic, social and cultural rights must also be properly justified. A retrogressive measure is one that reduces the extent to which an economic, social and cultural right is guaranteed.
The renewal instrument will, to some degree, protect the right to work and rights at work because it is designed to protect the safety zone of members of the general public, and any area where a fire, police, or other public safety or emergency operation is being conducted.
Such limitations as are thereby imposed on the continuation of third party RPA or other unmanned aircraft operations are considered to be a reasonable, necessary and proportionate requirement in the context of aviation safety.
Article 7 of the ICESCR
Article 7 of the ICESCR protects the right to enjoyment of just and favourable conditions of work, including safe and healthy working conditions.
The renewal instrument will, to some degree, protect the right to work and rights at work because it is designed to protect the safety zone of members of the general public, and any area where a fire, police, or other public safety or emergency operation is being conducted.
Such limitations as are thereby imposed on the continuation of third party RPA or other unmanned aircraft operations are considered to be a reasonable, necessary and proportionate requirement in the context of aviation safety.
Human rights implications
The renewal instrument is compatible with human rights, and to the extent that it may engage certain rights it does so in a way that promotes the right to life, the right to work, and safe and healthy working conditions on board relevant aircraft. Any limitations on rights arising from the instrument are considered to be reasonable, necessary and proportionate in the interests of aviation safety.
Conclusion
The legislative instrument is compatible with human rights.
Civil Aviation Safety Authority