Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA 28/26 — Operation of RPA in Sydney Harbour Restricted Areas, R407A and R407B (CASA-Verified Drone Safety App) Instrument 2026
Purpose
The CASA 28/26 — Operation of RPA in Sydney Harbour Restricted Areas, R407A and R407B (CASA-Verified Drone Safety App) Instrument 2026 (the instrument) approves particular restricted areas within the area of Sydney Harbour, New South Wales in, or over, which a remote pilot is permitted to operate an RPA, as defined in regulation 101.021 of the Civil Aviation Safety Regulations 1998 (CASR), under regulation 101.065 of CASR.
Also, the instrument issues directions under regulation 11.245 of CASR to a remote pilot (who is an RPA operator) who is registered, using a CASA-verified drone safety app, to be authorised to operate an RPA in a defined area, which is within the permitted areas, described on the app. Also, if an RPA operator has registered, using a CASA-verified drone safety app, to be authorised to operate an RPA in a defined area, which is within the permitted areas, described on the app, the instrument issues directions to a remote pilot (who is a member of the operator’s personnel) who uses the permission.
Also, the instrument repeals the CASA 67/24 — Operation of RPA in Sydney Harbour Restricted Areas, R405A and R405B (CASA-Verified Drone Safety App) Instrument 2024 (CASA 67/24).
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation. Relevantly, the Governor-General has made CASR.
Paragraph 98(5A)(a) states that the Civil Aviation Safety Authority (CASA) may issue instruments in relation to matters affecting the safe navigation and operation, or the maintenance, of aircraft.
RPA operations
Under Part 1 of the CASR Dictionary:
Aeronautical Information Publication or AIP has the same meaning as in the Air Services Regulations 2019.
restricted area:
(a) has the same meaning as in Annex 11 to the Chicago Convention; and
(b) in relation to Australian territory — includes an area designated as a restricted area by a declaration made under subregulation 6(1) of the Airspace Regulations 2007.
Under section 3 of the Act:
Australian territory means:
(a) the territory of Australia and of every external Territory;
(b) the territorial sea of Australia and of every external Territory; and
(c) the air space over any such territory or sea.
Under section 5 of the CASA OAR 088/26 – Designation of Prohibited, Restricted and Danger Areas – Declaration and Determination (Permanent PRDs) Instrument 2026, the areas identified as “YMMM/R407A SYDNEY” (R407A) and “YMMM/R407B SYDNEY” (R407B), and described in, Schedule 1 of that instrument are declared to be restricted areas.
Under regulation 101.021 of CASR, an RPA is a remotely piloted aircraft, other than the following:
(a) a balloon;
(b) a kite;
(c) a model aircraft.
As far as is relevant, under subregulation 101.065(1), a person may operate an unmanned aircraft in, or over, a restricted area only with the permission of, and in accordance with any conditions imposed by, the authority controlling the area. Under subregulation 101.065(1A), an offence against subregulation 101.065(1) is a strict liability offence.
As far as is relevant, under paragraph 101.065(2)(b), authority controlling the area means, in the case of a restricted area, the authority mentioned in AIP (as issued from time to time) as the controlling authority for the area. CASA is mentioned in AIP as being the controlling authority for R407A and R407B.
Directions
Regulation 11.240 of CASR states that Subpart 11.G of CASR provides for the issue by CASA of directions in relation to matters affecting the safety of air navigation. Under paragraph 11.245(1)(a), CASA may, by instrument, issue a direction about any matter affecting the safe navigation and operation of aircraft. Subregulation 11.245(2) states that CASA may issue such a direction:
(a) only if CASA is satisfied that it is necessary to do so in the interests of the safety of air navigation; and
(b) only if the direction is not inconsistent with the Act; and
(c) only for the purposes of CASA’s functions.
Under paragraph 11.250(a) of CASR, a direction under regulation 11.245 ceases to be in force on the day specified in the direction. Under regulation 11.255 of CASR, it is a strict liability offence to contravene a direction under regulation 11.245.
Documents incorporated by reference
Under subsection 14(1) of the Legislation Act 2003 (the LA), a legislative instrument may make provision in relation to matters by applying, adopting or incorporating provisions of an Act or disallowable legislative instrument as in force at a particular time or as in force from time to time. A legislative instrument may also make provision in relation to matters by applying, adopting or incorporating any matter contained in any other instrument or writing as in force at, or before, the time the legislative instrument commences. Under subsection 14(2), unless the contrary intention appears, the legislative instrument may not make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.
However, subsection 98(5D) of the Act states that, despite section 14 of the LA, a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.
Repeal of instrument
Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument. Under subsection 13(1) of the LA, subsection 33(3) applies to legislative instruments as if each provision of the instrument were a section of an Act.
Background
The instrument facilitates the continuation by CASA of its Automated Airspace Authorisation Trial (the AAAT), which CASA initiated in 2021 in relation to areas in the vicinity of certain controlled aerodromes. CASA extended the AAAT to include the restricted areas, “YMMM/R407A SYDNEY” (R405A) and “YMMM/R407B SYDNEY” (R405B) in 2023 under the CASA 65/23 – Approval and Permission for Operation of RPA within Sydney Harbour Restricted Airspace R405A/B Instrument 2023 (CASA 65/23). CASA 65/23 was repealed at the end of 15 November 2024, and, in effect, was replaced by CASA 67/24, which commenced on 16 November 2024.
Effective 9 July 2026, the declarations of the restricted areas, R405A and R405B are replaced with the declarations of the restricted areas, R407A and R407B. The total area comprising R405A and R405B is identical to the total area comprising R407A and R407B. However, the R407A area is different to the R405A area, and the R407B area is different to the R405B area. Also, a greater proportion of the total area comprising R407A and R407B has an upper limit of 1 000 ft above mean sea level (AMSL), compared to a greater proportion of the total area comprising R405A and R405B having an upper limit of 500 ft AMSL.
The new declarations of the restricted areas have been the catalyst for the making of the instrument. Also, the instrument revises the wording of a few of the provisions of CASA 67/24, for clarity and accuracy. Also, the instrument has a later repeal date than that of CASA 67/24.
The AAAT applies only in relation to the operation of a nominated RPA with a gross weight of not more than 25 kg.
In the normal course, each RPA operator that wishes to operate an RPA in, or over, R407A and R407B must apply to CASA (as the authority controlling the area), under regulation 101.065, for permission to do so. However, under the AAAT, once CASA has approved under that regulation R407A and R407B as areas in, or over, which a person is permitted to operate an RPA, a remote pilot who is an RPA operator, or member of an RPA operator’s personnel, may seek to use the permission. This is done by the operator using a CASA-verified drone safety app to register to be authorised to operate a nominated RPA in a particular operating area within R407A and R407B. The operating area is the segment of airspace described on the app, defined by reference to horizontal and vertical limits within R407A and R407B. The airspace authorisation is given in near-real time to an RPA operator using the app, subject to safety constraints. Each airspace authorisation generated by the app states the period during which the authorisation may be relied on, up to a maximum period of 24 hours.
For the purpose of continuing the AAAT in relation to R405A and R405B, on application by AUSTRALIAN ASSOCIATION FOR UNCREWED SYSTEMS INCORPORATED (AAUS), ASIC Registration Number A39728, CASA approved under CASA 67/24, R405A and R405B as restricted areas in, or over, which a remote pilot is permitted to operate an RPA. As the total area comprising R405A and R405B is identical to the total area comprising R407A and R407B, CASA regards the abovementioned application made by AAUS as still effective, for the purposes of the instrument, in relation to R407A and R407B.
A remote pilot who operates an RPA in accordance with an airspace authorisation, generated by a CASA-verified drone safety app, must comply with the directions under regulation 11.245 stated in the instrument. In particular, the pilot must, during the RPA operation, comply with any operating limitations, relevant to the operation, which are notified to the pilot on the app in relation to the registration for the authorisation. Also, the pilot must conduct the operation only as an aerial work operation, as defined in regulation 138.010 of CASR.
The term, operating area is defined in section 4 of the instrument as follows:
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 under this instrument.
R407A and R407B are relevant restricted areas under the instrument. An operating area is determined by reference to “Grid Cell Definition” (GCD) files compiled by CASA and takes into account the safest maximum height an RPA may be operated in, or over, R407A and R407B. The permitted operating vertical limit in an operating area within R407A and R407B, under the instrument, is consistent with the permitted operating vertical limit in an operating area within R405A and R405B under CASA EX67/24. The permitted operating vertical limit, for the operation of an RPA under the instrument, remains at 400 ft above ground level or the upper limit of the intersecting GCD cells, whichever is lower.
Content of the instrument
Section 1 of the instrument states the name of the instrument.
Section 2 of the instrument states the duration of the instrument.
Section 3 repeals CASA 67/24.
Section 4 of the instrument contains definitions of terms used in the instrument.
Subsection 5(1) of the instrument approves R407A and R407B as restricted areas in, or over, which a remote pilot is permitted to operate an RPA under regulation 101.065. In giving the permission, CASA has, in accordance with subsection 9A(1) of the Act, taken into account the likely effect on the safety of air navigation of the operation of unmanned aircraft in, or over, R407A and R407B.
Subsection 5(2) states that the permission under subsection 5(1) is subject to the condition that a remote pilot who uses the permission, in relation to the operation of an RPA in or over a relevant restricted area, must comply with the directions under section 6.
Section 6 issues the directions, under regulation 11.245, which a remote pilot operating an RPA in an operating area must comply with. In issuing the directions, CASA is satisfied that it is necessary to do so in the interests of the safety of air navigation.
Documents incorporated by reference
The instrument incorporates the relevant RPA operator’s documented practices and procedures. Section 4 of the instrument states the term, documented practices and procedures has the meaning given by subsection 1.04(2) of the Part 101 Manual of Standards. The term is defined in the subsection to mean, for a certified RPA operator, the written practices and procedures of the operator, as existing or in force from time to time, which have been approved in writing by CASA. Subsection 1.04(3) states the requirements that apply in relation to the documented practices and procedures.
The documents containing the documented practices and procedures are not publicly, or freely, available. The documents are prepared, and used exclusively, by the relevant RPA operator, and will generally include commercial-in-confidence information about the operator’s business. The documented practices and procedures are at the RPA operator‑specific level and apply only to the operator and its personnel. The operator must give a copy of the documented practices and procedures, or any approved amendments of the practices and procedures, to the operator’s remote pilots under paragraphs 1.04(3)(d) and (e).
Legislation Act 2003
Paragraph 10(1)(d) of the LA states that an instrument will be a legislative instrument if it includes a provision that amends or repeals another legislative instrument. The instrument repeals CASA 67/24, which was registered as a legislative instrument, and is, therefore, also a legislative instrument.
Paragraph 98(5AA)(a) of the Act states that an instrument issued under paragraph 98(5A)(a) of the Act is a legislative instrument if the instrument is expressed to apply in relation to a class of persons. The directions in the instrument apply to a class of persons, being a remote pilot who operates an RPA in an operating area.
Accordingly, the instrument is a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Sunsetting
As the instrument relates to aviation safety and is made under CASR, Part 4 of Chapter 3 of the LA (the sunsetting provisions) does not apply to the instrument (in accordance with item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015). However, the instrument will be repealed at the end of 6 July 2028, which will occur before the sunsetting provisions would have repealed the instrument, if they had applied. Any renewal of the instrument will be subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA. Therefore, the exemption from sunsetting does not affect parliamentary oversight of the instrument.
Consultation
Consultation under section 17 of the LA has not been undertaken in relation to the instrument.
However, in December 2021 and January 2022, CASA conducted a survey of RPA operators about the conduct of the AAAT. The overwhelming majority of the respondents to the survey supported the continuation of the AAAT.
CASA 65/23 was registered on the Federal Register of Legislation as a notifiable instrument and, accordingly, did not need to be consulted on. CASA did not consult on CASA 67/24.
The instrument continues the effect of CASA 67/24, albeit in relation to restricted areas that have different descriptors, but an identical total area, to the restricted areas in relation to which CASA 67/24 applies.
In these circumstances, CASA is satisfied that no further consultation is appropriate, or reasonably practicable, for the instrument for section 17 of the LA.
Sector risk, and economic and cost impact
Subsection 9A(3) of the Act states that subject to regarding the safety of air navigation as the most important consideration, in developing and promulgating aviation safety standards under paragraph 9(1)(c) of the Act, 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) that 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 instrument obviates the need for an RPA operator to have to separately apply to CASA for a permission to operate an RPA in, or over, R407A and R407B. This means the operator avoids having to wait for such an application to be processed. Since the AAAT started in 2021, this has been beneficial to the development of the remote pilot aircraft system industry. Also, CASA avoids having to spend a lot of time administering such applications and issuing the permissions.
Also, as the instrument replaces an existing instrument (namely, CASA 67/24) with an instrument that achieves the same legislative outcomes, there will be no change to the economic or cost impact on individuals, businesses, or the community, by the instrument.
Impact on categories of operations
The instrument is likely to have a beneficial impact in relation to some RPA operations in, or over, R407A and R407B conducted by an RPA operator because, for these operations, the operator will not have to separately apply to CASA for a permission under regulation 101.065 to operate an RPA in, or over, R407A and R407B.
Also, a remote pilot (who is an RPA operator) will be able, using a CASA-verified drone safety app, to register to be authorised to operate an RPA in a particular operating area, without recourse to CASA. Similarly, if an RPA operator has registered, using a CASA‑verified drone safety app, to be authorised to operate an RPA in a particular operating area, a remote pilot (who is a member of the operator’s personnel) will be able to rely on the registration to operate an RPA in the area, without recourse to CASA.
Impact on regional and remote communities
The instrument does not have an impact that is specific to regional and remote communities.
Office of Impact Analysis (the OIA)
CASA has assessed the impact of the instrument against the Australian Government Impact Analysis Framework. As the instrument replaces an expiring instrument with the same (or largely the same) provisions and conditions, there will be no change in the cost impact on individuals, businesses or the community. As the impact is below $20m over 10 years and there are no disproportionate impacts, CASA has made the assessment that no Impact Analysis is required.
Statement of Compatibility with Human Rights
The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Making and commencement
The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260(1) of CASR.
The instrument commences on 9 July 2026 and is repealed at the end of 6 July 2028.
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA 28/26 — Operation of RPA in Sydney Harbour Restricted Areas, R407A and R407B (CASA-Verified Drone Safety App) Instrument 2026
The 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 instrument approves particular restricted areas within the area of Sydney Harbour, New South Wales in, or over, which a remote pilot is permitted to operate an RPA, as defined in regulation 101.021 of the Civil Aviation Safety Regulations 1998 (CASR), under regulation 101.065 of CASR.
Also, the instrument issues directions under regulation 11.245 of CASR to a remote pilot (who is an RPA operator) who is registered, using a CASA-verified drone safety app, to be authorised to operate an RPA in a defined area, which is within the permitted areas, described on the app. Also, if an RPA operator has registered, using a CASA-verified drone safety app, to be authorised to operate an RPA in a defined area, which is within the permitted areas, described on the app, the instrument issues directions to a remote pilot (who is a member of the operator’s personnel) who uses the permission.
Also, the instrument repeals the CASA 67/24 — Operation of RPA in Sydney Harbour Restricted Areas, R405A and R405B (CASA-Verified Drone Safety App) Instrument 2024.
Human rights implications
The instrument does not engage any of the human rights and freedoms recognised, or declared, in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Conclusion
The instrument is compatible human rights, as it does not raise any human rights issues.
Civil Aviation Safety Authority