CASA 64/23 – Area Approval for Operation of RPA within 3 NM of Controlled Aerodromes using CASA-verified Drone Safety App – Canberra (YSCB), Adelaide (YPAD), Perth (YPPH) and Sydney (YSSY) Instrument 2023

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2023N00530 Not in force Notifiable Instrument

Legislation content

Instrument number CASA 64/23

I, DAVID STEVEN THOMAS, Acting Branch Manager, Emerging Technologies & Regulatory Change, a delegate of CASA, make this instrument under regulations 11.056 and 101.030 of the Civil Aviation Safety Regulations 1998.

[Signed D. Thomas]

David Steven Thomas
Acting Branch Manager, Emerging Technologies & Regulatory Change

15 November 2023

CASA 64/23 – Area Approval for Operation of RPA within 3 NM of Controlled Aerodromes using CASA-verified Drone Safety App – Canberra (YSCB), Adelaide (YPAD), Perth (YPPH) and Sydney (YSSY) Instrument 2023

1 Name

  This instrument is CASA 64/23 – Area Approval for Operation of RPA within 3 NM of Controlled Aerodromes using CASA-verified Drone Safety App – Canberra (YSCB), Adelaide (YPAD), Perth (YPPH) and Sydney (YSSY) Instrument 2023.

2 Duration

  This instrument:

(a) commences on 16 November 2023; and

(b) is repealed at the end of 15 November 2024.

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: aerodrome, AGL, air traffic control (ATC), controlled aerodrome, RPA and RPAS.

  In this instrument:

airspace authorisation means the text and graphical depiction provided to a person by a CASA-verified drone safety app authorising the person to operate an RPA in the operating area.

approved area has the meaning given by regulation 101.236 of CASR.

CASA-verified drone safety app means a software application that is connected to the CASA RPAS digital platform, verified by CASA to provide airspace authorisations and listed as a verified app on the CASA website.

Note   The CASA website address is https://www.casa.gov.au/drones/safety-apps.

operating area means the segment of airspace described in the airspace authorisation, defined with reference to horizontal and vertical limits within an approved area, in which an RPA may operate.

RPA operator means the holder of a certificate as an RPA operator under Division 101.F.4 of CASR.

4 Approval

 (1) For regulation 101.030 of CASR, each of the following areas below 400 feet AGL is approved for the operation of RPA:

(a) the area within 3 NM of Canberra aerodrome (YSCB), the coordinates for which are specified in the file YPPH_YPAD_YSCB_YSSY_v5_1.json dated 16 November 2023 (Version 5.1) on a CASA-verified drone safety app and represented in Schedule 1 as the green area;

(b) the area within 3 NM of Adelaide aerodrome (YPAD), the coordinates for which are specified in the file YPPH_YPAD_YSCB_YSSY_v5_1.json dated 16 November 2023 (Version 5.1) on a CASA-verified drone safety app and represented in Schedule 2 as the green area;

(c) the area within 3 NM of Perth aerodrome (YPPH), the coordinates for which are specified in the file YPPH_YPAD_YSCB_YSSY_v5_1.json dated 16 November 2023 (Version 5.1) on a CASA-verified drone safety app and represented in Schedule 3 as the green area;

(d) the area within 3 NM of Sydney aerodrome (YSSY), the coordinates for which are specified in the file YPPH_YPAD_YSCB_YSSY_v5_1.json dated 16 November 2023 (Version 5.1) on a CASA-verified drone safety app and represented in Schedule 4 as the green area.

 (2) To avoid doubt, an area represented in Schedules 1, 2, 3 and 4 as a red area is not an approved area.

 (3) The approval is subject to the conditions mentioned in section 5.

Note 1   The areas approved by CASA are for the purpose of trialling the operation of RPA near controlled aerodromes using a CASA-verified drone safety app.

Note 2   RPA, as defined in regulation 101.021 of CASR, does not include model aircraft.

5 Conditions

 (1) A person operating an RPA (the pilot) in an approved area mentioned in section 4 must:

(a) obtain, or be employed by or work for an RPA operator that has obtained, an airspace authorisation provided by a CASA-verified drone safety app; and

(b) comply with any operating limitations mentioned in the airspace authorisation.

Note   The pilot may only operate an RPA in an approved area if they, or the RPA operator for whom they work, have sought and obtained an airspace authorisation using a CASA‑verified drone safety app. The airspace authorisation sets out the horizontal and vertical limitations applicable to their particular RPA operations, allocated as the operating area, and has a time expiry.

 (2) The pilot may only operate an RPA in the operating area.

 (3) The pilot must ensure that the airspace authorisation has not expired.

 (4) The pilot must hold, or must be inducted into an organisation that holds, certification as an RPA operator.

 (5) The pilot operating an RPA in an approved area mentioned in section 4 may only conduct aerial work operations.

 (6) The pilot operating an RPA in an approved area mentioned in section 4 must ensure that:

(a) only one RPA is being controlled at a time; and

(b) subject to subsection (7):

 (i) reliable VHF coverage exists in the location at which the person is conducting RPA operations that would allow the pilot to communicate with ATC; and

 (ii) a listening watch is maintained at all times on the appropriate ATC frequency for the operating area, from 15 minutes before flight until the RPA has landed; and

(c) reliable mobile phone coverage exists in the operating area; and

(d) any direction from ATC is complied with, including a direction to temporarily move the location of RPA operations within the operating area or to temporarily cease RPA operations.

 (7) Paragraph (6)(b) does not apply if the pilot is operating the RPA within 100 metres laterally and below an adjacent obstacle.

 (8) The pilot operating an RPA in an approved area mentioned in section 4 must, as soon as practicable, notify ATC of an event in which the RPA has, whether or not under the pilot’s control, exited the operating area (the escape event).

 (9) The pilot operating an RPA in an approved area mentioned in section 4 must not transmit on ATC frequency unless:

(a) directed by ATC to do so; or

(b) an escape event has occurred.

 (10) The pilot operating an RPA in an approved area mentioned in section 4 must ensure that the RPA is equipped and operated with an active fail-safe mode that will ensure, in the event of a data link loss with the RPA, that the RPA will:

(a) adjust altitude to the minimum safe level to provide obstacle clearance and 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 terminate the flight.

 (11) The pilot operating an RPA in an approved area mentioned in section 4 must not activate the transponder fitted to the RPA (if any) or transmit ADS-B position information unless directed by ATC to do so.

 (12) The pilot operating an RPA in an approved area mentioned in section 4 must ensure that RPA operations are conducted in accordance with the RPA operator’s operations manual. If there is an inconsistency in a requirement of the operations manual and a condition in this instrument, the pilot must comply with the condition in this instrument.

Schedule 1 — Canberra aerodrome (YSCB) approved area

Note   This approval is an operational approval only. It does not confer any rights as against the owner or occupier of any land on or over which RPA operations are conducted, or prejudice, in any way, the rights and remedies which any person may have in law in respect of any injury to persons or damage to property resulting directly or indirectly from RPA operations.

Schedule 2 — Adelaide aerodrome (YPAD) approved area

Note   This approval is an operational approval only. It does not confer any rights as against the owner or occupier of any land on or over which RPA operations are conducted, or prejudice, in any way, the rights and remedies which any person may have in law in respect of any injury to persons or damage to property resulting directly or indirectly from RPA operations.

Schedule 3 — Perth aerodrome (YPPH) approved area

Note   This approval is an operational approval only. It does not confer any rights as against the owner or occupier of any land on or over which RPA operations are conducted, or prejudice, in any way, the rights and remedies which any person may have in law in respect of any injury to persons or damage to property resulting directly or indirectly from RPA operations.


Schedule 4 — Sydney aerodrome (YSSY) approved area

Note   This approval is an operational approval only. It does not confer any rights as against the owner or occupier of any land on or over which RPA operations are conducted, or prejudice, in any way, the rights and remedies which any person may have in law in respect of any injury to persons or damage to property resulting directly or indirectly from RPA operations.

 

Overview

The Civil Aviation Safety Authority (CASA) 64/23 instrument, enacted in 2023, is designed to trial the operation of Remote Piloted Aircraft Systems (RPA) within a three nautical mile radius of specific controlled aerodromes in Australia, namely Canberra, Adelaide, Perth, and Sydney. This instrument, made under the authority of the Civil Aviation Safety Regulations 1998, aims to facilitate the safe integration of drone technology near critical airspaces by leveraging CASA-verified drone safety applications. The instrument was introduced to address the need for a structured regulatory environment that allows for the safe testing and evaluation of RPA operations in proximity to aerodromes, balancing innovation with safety considerations. The policy objective is to ensure that such operations are conducted in a manner that mitigates risks to aviation safety and public safety, while also promoting the responsible use of drone technology.

Scope and Application

CASA 64/23I pertains to the operation of Remotely Piloted Aircraft (RPA) within a 3 nautical mile radius of selected controlled aerodromes in Australia, specifically Canberra, Adelaide, Perth, and Sydney, under certain conditions and authorisations. This instrument applies to individuals who are pilots operating RPA within the specified areas and those working for RPA operators, requiring them to obtain an airspace authorisation from a CASA-verified drone safety app and comply with the conditions set forth in this document. It does not apply to model aircraft, which are excluded from the definition of RPA. The geographic scope of the instrument is limited to the defined areas around the aerodromes in Canberra, Adelaide, Perth, and Sydney, and it is in effect from 16 November 2023 to 15 November 2024. The instrument provides for the trial of RPA operations near controlled aerodromes using CASA-verified drone safety apps, subject to certain operational and safety conditions. The instrument may be extended or amended by subordinate legislation, but as it stands, it does not include any exclusions or exemptions beyond those already mentioned.

Key Provisions

This legislative instrument, CASA 64/23, pertains to the operation of Remotely Piloted Aircraft (RPA) within 3 nautical miles (NM) of controlled aerodromes in Canberra, Adelaide, Perth, and Sydney, using a CASA-verified drone safety app. The instrument commences on 16 November 2023 and will be repealed on 15 November 2024 (section 2). It defines key terms such as 'airspace authorisation', 'approved area', 'CASA-verified drone safety app', 'operating area', and 'RPA operator' (section 3). Section 4 of the instrument specifies that the areas within 3 NM of each of the four aerodromes are approved for RPA operations below 400 feet Above Ground Level (AGL). These areas are subject to the conditions outlined in section 5. The conditions require RPA pilots to obtain an airspace authorisation from a CASA-verified drone safety app and adhere to the limitations set by that authorisation (section 5(1)(a)). Pilots must ensure that they operate within the specified operating area and that the airspace authorisation has not expired (section 5(1)(b) and 5(3)). They must also hold RPA operator certification or work for a certified operator (section 5(4)). Additionally, pilots are required to maintain VHF coverage and a listening watch on the appropriate Air Traffic Control (ATC) frequency, comply with ATC directions, and ensure their RPA is equipped with an active fail-safe mode (sections 5(6) and 5(10)). Pilots must also notify ATC of any RPA escape events and must not activate the RPA's transponder or transmit ADS-B position information without ATC direction (sections 5(8) and 5(11)). The Act imposes several obligations on RPA operators and pilots. Primarily, these include obtaining an airspace authorisation from a verified drone safety app, adhering to the limitations of that authorisation, ensuring reliable communication with ATC, and complying with ATC instructions. Pilots must also ensure their RPA is equipped with a fail-safe mode and notify ATC of any escape events. Non-compliance with these requirements could lead to serious safety issues and potential legal repercussions. Breach of the conditions specified in this instrument may result in civil or criminal penalties. For instance, operating an RPA outside the approved area or without the required airspace authorisation can be considered a violation of the Civil Aviation Safety Regulations 1998. Such violations may result in enforcement actions by CASA, including fines and potential prosecution. The specific penalties for each offence would depend on the nature and severity of the breach, as outlined in the relevant sections of the Civil Aviation Safety Regulations 1998.

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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.