Explanatory Statement
Civil Aviation Safety Regulations 1998
Approval of area of operation — unmanned aerial vehicles (UAVs) participating in the 2012 UAV Outback Challenge
Exemption — requirement for UAV operator’s certificate
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations. Under subsection 98 (5A) of the Act, the regulations may empower the Civil Aviation Safety Authority (CASA) to issue instruments in relation to matters affecting the safe navigation and operation, maintenance, and airworthiness of aircraft, and design standards for aircraft.
Regulation 101.030 of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that CASA may approve an area as an area for the operation of unmanned aircraft generally or for a particular class of unmanned aircraft.
Regulation 101.090 of CASR 1998 provides that a person may not cause a thing to be dropped or discharged from an unmanned aircraft in a way that creates a hazard to another aircraft, a person or property.
Under regulation 101.270 of CASR 1998, a person may only operate a UAV for hire or reward only if the person holds a UAV operator’s certificate that authorises the person to operate the UAV.
The UAV Outback Challenge is conducted at Kingaroy Aerodrome every 2 years. It is a joint initiative between the Australian Research Centre for Aerospace Automation (ARCAA), Aviation Development Australia Limited and the Association of Unmanned Vehicle Systems Australia. Queensland University of Technology (QUT) is the legal entity that requests approval and exemptions.
QUT has request an exemption from the requirements of regulations 101.090 and 101.270 of CASR 1998.
The organisers have published mission rules which detail safety, air traffic management and flight termination and maintenance among others. CASA is of the view that safety will not be compromised if the exemption is granted.
Exemption
Subregulation 11.160 (1) of CASR 1998 allows CASA to grant an exemption from compliance with a provision of the Civil Aviation Regulations 1988, CASR 1998 or the Civil Aviation Orders (the CAOs) in relation to a matter mentioned in subsection 98 (5A) of the Act.
Legislative Instruments Act
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or the CAOs. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The instrument applies to a class of persons. As a legislative instrument, this instrument is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).
Consultation
Consultation under section 17 of the LIA was not undertaken in relation to this instrument as it remakes a previous instrument for which consultation was undertaken between CASA, the organisers and participating teams.
Compatibility with human rights and freedoms
This instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.
Commencement and making
The instrument commences on 1 October 2012 and stops having effect at the end of 4 October 2012.
The instrument has been issued by a delegate of CASA under subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA 326/12]