CASA 55/20 — Operation of Certain Unmanned Aircraft Directions 2020

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Legislation au F2020L01260 Not in force Legislative Instrument

Legislation content

CASA 55/20 — Operation of Certain Unmanned Aircraft Directions 2020

(as amended)

made under regulation 11.245 of the Civil Aviation Safety Regulations 1998.

This compilation was prepared on 7 April 2021 taking into account amendments up to CASA 22/21 — Operation of Certain Unmanned Aircraft Directions Amendment Instrument 2021 as amended and in force on 7 April 2021.

Prepared by the Advisory and Drafting Branch, Legal, International & Regulatory Affairs Division, Civil Aviation Safety Authority, Canberra.

Compilation No. 2.

1 Name

 This instrument is CASA 55/20 — Operation of Certain Unmanned Aircraft Directions 2020.

2 Duration

 The instrument:

(a) commences on 1 October 2020; and

(b) is repealed at the end of 31 March 2022.

3 Definitions

Note   In this instrument, certain terms and expressions have the same meaning as in the Civil Aviation Act 1988 and the regulations. These include: aerodrome, AGL, authorisation, controlled aerodrome, micro RPA, model aircraft, movement area, remote pilot licence, RPA and RPA operator.

 (1)In this instrument:

helicopter landing site means an area of land or water, or a defined area on a structure, intended to be used wholly or in part for the arrival, departure and surface movement of helicopters.

non-controlled aerodrome means a place that is:

(a) a helicopter landing site not located at a controlled aerodrome; or

(b) an aerodrome that is not a controlled aerodrome.

 (2) In this instrument, awareness that a manned aircraft is operating to or from an aerodrome is taken to exist where a reasonable person ought to have been aware that a manned aircraft is operating to or from the aerodrome.

4 Application

 This instrument applies to the operation of unmanned aircraft of all kinds, except operation mentioned in subregulation 101.005 (3) of CASR.

5 Directions relating to the operation of unmanned aircraft near controlled aerodromes

 (1)A person must not operate an unmanned aircraft within 3 nautical miles of the movement area of a controlled aerodrome.

Note   The designation of controlled aerodromes is made in the Determination of Airspace and Controlled Aerodromes Etc. (Designated Airspace Handbook) Instrument, as in force from time to time, which is a legislative instrument revised and reissued by CASA approximately every 6 months. Controlled aerodrome information in the Determination in force at any particular time is also published by Airservices Australia, ARN 202210, in the Designated Airspace Handbook.

 (2)The direction in subsection (1) does not apply to the operation of an unmanned aircraft in accordance with any of the following:

(a) an authorisation (however called) or exemption granted under CASR that permits operation of the aircraft within 3 nautical miles of the movement area of the aerodrome;

(b) the approval of an approved area under regulation 101.030 of CASR;

(c) if the aircraft is an RPA operated by the holder of a remote pilot licence — the privileges and limitations associated with:

 (i) the licence; and

 (ii) the certification of the RPA operator that is conducting the operation.

 (3)The direction in subsection (1) does not apply to the operation of a micro RPA, a model aircraft with a gross weight of not more than 250 g, a tethered balloon or kite, an unmanned free balloon, a rocket or fireworks.

6 Directions relating to the operation of unmanned aircraft near non‑controlled aerodromes

 (1) A person must not launch an unmanned aircraft within 3 nautical miles of the movement area of a non-controlled aerodrome if the person is aware that a manned aircraft is operating to or from the aerodrome.

 (2) If a person controlling an unmanned aircraft within 3 nautical miles of the movement area of a non-controlled aerodrome becomes aware that an aircraft is operating to or from the aerodrome, the person controlling the unmanned aircraft must:

(a) immediately ensure that the unmanned aircraft is safely manoeuvred away from the path of the manned aircraft; and

(b) land the aircraft as soon as safely possible.

 (3)The directions in subsections (1) and (2) do not apply to the operation of an unmanned aircraft conducted in accordance with any of the following:

(a) an authorisation (however called) or exemption granted under CASR that permits operation of the aircraft within 3 nautical miles of the movement area of the aerodrome;

(b) the approval of an approved area under regulation 101.030 of CASR;

(c) if the aircraft is an RPA operated by the holder of a remote pilot licence — the privileges and limitations associated with:

 (i) the licence; and

 (ii) the certification of the RPA operator that is conducting the operation.

 (4)The directions in subsections (1) and (2) do not apply to the operation of a micro RPA, a model aircraft with a gross weight of not more than 250 g, a tethered balloon or kite, an unmanned free balloon, a rocket or fireworks.

7 Directions relating to the operation of unmanned aircraft higher than 400 ft AGL

 (1)A person controlling an unmanned aircraft must not operate the aircraft higher than 400 ft AGL.

 (2)The direction in subsection (1) does not apply to the following:

(a) the operation of a tethered balloon or kite in accordance with Subpart 101.D of CASR;

(b) the release of an unmanned free balloon in accordance with Subpart 101.E of CASR;

(c) the operation of a rocket in accordance with Subpart 101.H of CASR;

(d) the operation of an unmanned 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;

(e) 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;

(f) the operation of a model aircraft in accordance with a written approval given by CASA for the purposes of this paragraph.

8 Directions relating to the operation of unmanned aircraft over areas of public safety or emergency operations

 (1)A person controlling an unmanned aircraft must not operate the aircraft over an area where a fire, police, or other public safety or emergency operation is being conducted.

 (2)The direction in subsection (1) does not apply to the extent that a person in charge of the emergency operation approves the operation of the unmanned aircraft.

9 Directions relating to the operation of RPA or model aircraft near people

 (1)A person controlling an RPA or a model aircraft must ensure that the aircraft is not operated less than 30 m from a person unless the person has duties essential to the control or navigation of the aircraft.

 (2)For subsection (1), the distance of 30 m is measured in every direction from the point on the ground or surface of the water directly below the aircraft.

 (3)The direction in subsection (1) does not apply to the following:

(aa) to the operation of a micro RPA if the person holds an approval given by CASA for the purposes of this paragraph;

(a) to 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;

(b) 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.

10 Directions relating to the operation of a single RPA or model aircraft

 (1) A person controlling an RPA or model aircraft must only operate 1 aircraft at a time.

 (2)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.

Notes to CASA 55/20 — Operation of Certain Unmanned Aircraft Directions 2020

Note 1

CASA 55/20 — Operation of Certain Unmanned Aircraft Directions 2020 (in force under regulation 11.245 of the Civil Aviation Safety Regulations 1998) as shown in this compilation is amended as indicated in the tables below.

Table of instruments

Title

Date of FRLI registration

Date of
commencement

Application, saving or
transitional provisions

CASA 55/20
Operation of Certain Unmanned Aircraft Directions 2020

30 September 2020
(see F2020L01260)

1 October 2020
(see s. 2)

—

CASA 86/20
Operation of Certain Unmanned Aircraft Directions Amendment Instrument 2020

23 December 2020
(see F2020L01692)

24 December 2020
(see s. 2)

—

CASA 22/21
Operation of Certain Unmanned Aircraft Directions Amendment Instrument 2021

6 April 2021(see F2021L00414)

7 April 2021
(see s. 2)

—

 

Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

Section 9

am. F2020L01692, F2021L00414

Section 10

am. F2020L01692, F2021L00414

 

Overview

The CASA 55/20 — Operation of Certain Unmanned Aircraft Directions 2020, enacted in 2020, was introduced to address the growing need for regulations governing the safe operation of unmanned aircraft in Australian airspace. This legislative instrument is made under regulation 11.245 of the Civil Aviation Safety Regulations 1998 by the Civil Aviation Safety Authority (CASA), aiming to ensure the safe and efficient operation of unmanned aircraft while balancing the need for innovation and development in this sector. The policy objective is to establish clear guidelines for the operation of unmanned aircraft to mitigate risks to public safety and aviation operations, particularly near aerodromes and during emergency operations. The Directions set out specific restrictions on the proximity to aerodromes, altitude limits, and operational constraints over public safety areas, ensuring that the integration of unmanned aircraft into the national airspace system is managed in a manner that prioritises safety and security. These Directions cover the operation of all types of unmanned aircraft, providing exemptions for certain classes of smaller, less complex aircraft and those operating under specific authorisations or exemptions. The legislation aims to prevent collisions and other incidents involving unmanned aircraft and manned aircraft, particularly around aerodromes, and to ensure that operators are aware of and comply with the necessary safety measures. The Directions also include provisions for the operation of unmanned aircraft over areas where public safety or emergency operations are being conducted, ensuring that such operations do not interfere with critical activities. Overall, the Directions serve to establish a framework that facilitates the responsible use of unmanned aircraft technology while safeguarding the interests of the broader aviation community and the public.

Scope and Application

The CASA 55/20 — Operation of Certain Unmanned Aircraft Directions 2020 applies to the operation of unmanned aircraft of all kinds, except for operations specified in subregulation 101.005(3) of the Civil Aviation Safety Regulations 1998. This instrument, which commenced on 1 October 2020 and is repealed at the end of 31 March 2022, outlines the rules and regulations governing the operation of unmanned aircraft near controlled and non-controlled aerodromes, higher than 400 ft above ground level (AGL), over areas of public safety or emergency operations, near people, and the operation of a single remote piloted aircraft (RPA) or model aircraft. The directions apply to any person controlling an unmanned aircraft, with specific exemptions for certain types of unmanned aircraft, such as micro RPA, model aircraft with a gross weight of not more than 250 g, tethered balloons or kites, unmanned free balloons, rockets, or fireworks. Furthermore, the instrument does not apply to operations conducted in accordance with an authorisation or exemption granted under the Civil Aviation Safety Regulations 1998 or the approval of an approved area under regulation 101.030 of the Civil Aviation Safety Regulations 1998. The application of the Act is extended and restricted through subordinate instruments such as CASA 86/20 and CASA 22/21, which amend and update the directions as necessary.

Key Provisions

The key provisions of CASA 55/20—Operation of Certain Unmanned Aircraft Directions 2020 set out several operational requirements for unmanned aircraft, primarily focusing on safety and proximity to controlled and non-controlled aerodromes, altitude limits, and operations over emergency operations. Section 5 stipulates that unmanned aircraft must not be operated within 3 nautical miles of the movement area of a controlled aerodrome, unless an exemption or authorisation is granted, or if the aircraft is an RPA operated by a licensed remote pilot (subsection 5(2)). Section 6 requires that unmanned aircraft must not be launched within 3 nautical miles of a non-controlled aerodrome if a manned aircraft is operating to or from the aerodrome, and if launched within such proximity, the aircraft must be moved away from the manned aircraft's path and landed as soon as safely possible if the manned aircraft becomes apparent (subsections 6(1) and 6(2)). However, these requirements do not apply if an exemption or authorisation is granted, or if the aircraft is an RPA operated by a licensed remote pilot (subsection 6(3)). Section 7 prohibits operating an unmanned aircraft higher than 400 feet above ground level (AGL), except for certain types of balloons, kites, rockets, or if an exemption or authorisation is granted, or if the aircraft is an RPA operated by a licensed remote pilot (subsection 7(2)). Section 8 prohibits operating an unmanned aircraft over areas where emergency operations are being conducted, unless approved by the person in charge of the emergency operation (subsection 8(2)). The obligations imposed by the Act on parties or entities it governs primarily focus on ensuring safety and compliance with the specified operational requirements. Operators of unmanned aircraft must ensure they do not operate within the specified proximity of aerodromes (sections 5 and 6), do not exceed the altitude limit of 400 feet AGL (section 7), and do not interfere with emergency operations (section 8). They must also ensure that their operations adhere to any exemptions, authorisations, or approvals granted under the Civil Aviation Safety Regulations 1998 (CASR). Remote pilots must ensure their operations comply with the privileges and limitations associated with their licence and the certification of their RPA operator (subsections 5(2), 6(3), 7(2), and 8(2)). The Act outlines specific offences and penalties for breaches of its provisions. While the Act itself does not explicitly state maximum penalties, breaches of the Civil Aviation Safety Regulations 1998 (CASR), which this instrument is made under, may incur penalties. For instance, under CASR, an operator who fails to comply with operational requirements may be subject to infringement notices with a maximum penalty of AUD 2,220 for individuals and AUD 11,100 for bodies corporate, or prosecution which could lead to heavier penalties. Similarly, remote pilots failing to comply with the privileges and limitations of their licences could also face infringement notices or prosecution under CASR. It is important to note that the specific penalties and consequences for breaches depend on the relevant provisions of CASR.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.