CASA 65/23 – Approval and Permission for Operation of RPA within Sydney Harbour Restricted Airspace R405A/B Instrument 2023

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

Legislation au F2023N00533 Not in force Notifiable Instrument

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Instrument number CASA 65/23

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 and subregulation 101.065(1) of the Civil Aviation Safety Regulations 1998.

[Signed D. Thomas

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

15 November 2023

CASA 65/23 – Approval and Permission for Operation of RPA within Sydney Harbour Restricted Airspace R405A/B Instrument 2023

1 Name

  This instrument is CASA 65/23 – Approval and Permission for Operation of RPA within Sydney Harbour Restricted Airspace R405A/B Instrument 2023.

2 Duration

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(b) is repealed at the end of 15 November 2024.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

  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.

Australian territory has the meaning given by subsection 3(1) of the Air Services Act 1995.

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.

restricted area has the meaning given by regulation 3 of the Airspace Regulations 2007.

R405A means the area of Australian territory declared as a restricted area and designated as “YMMM/R405A Sydney”.

R405B means the area of Australian territory declared as a restricted area and designated as “YMMM/R405B Sydney”.

Note   At the time of making this instrument, R405A and R405B are declared as restricted areas under instrument CASA OAR 048/23 – Declarations and Directions in relation to Prohibited, Restricted and Danger Areas etc. – Permanent Instrument 2023.

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 500 feet above mean sea level is approved for the operation of RPA, the coordinates for which are specified in the file R405_23116.json dated 16 November 2023 on a CASA-verified drone safety app:

(a) the area within R405A represented in Schedule 1 as the area within the yellow line;

(b) the area within R405A represented in Schedule 2 as the area within the yellow line;

(c) the area within R405A represented in Schedule 3 as the area within the yellow line;

(d) the area within R405B represented in Schedule 4 as the area within the yellow line;

(e) the area within R405B represented in Schedule 5 as the area within the yellow line;

(f) the area within R405B represented in Schedule 6 as the area within the yellow line.

 (2) The approval is subject to the conditions mentioned in section 6.

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

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

5 Permission

 (1) An RPA operator who has obtained an airspace authorisation provided by a CASA-verified drone safety app in respect of R405A and R405B is permitted to operate the RPA in the approved areas mentioned in section 4.

 (2) The permission is subject to the conditions mentioned in section 6.

6 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, the times of day that operations may be carried out, 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) a listening watch is maintained at all times on frequency 120.8 MHz, from 15 minutes before flight until the RPA has landed; and

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

 (7) 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.

 (8) 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.

Schedule 1 — R405A land (East) 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 — R405A land (West) 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 — R405A water 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 — R405B land (East) 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 5 — R405B land (West) 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 6 — R405B water 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 Regulations 1998 (CASR) were enacted to ensure the safety of civil aviation in Australia, and one of their key objectives is to manage the safe operation of Remotely Piloted Aircraft (RPA) within Australia's airspace. The CASA 65/23 – Approval and Permission for Operation of RPA within Sydney Harbour Restricted Airspace R405A/B Instrument 2023, made under the authority of the Civil Aviation Safety Regulations 1998, addresses the need for safe and regulated RPA operations in the Sydney Harbour area, specifically within the restricted airspaces designated as R405A and R405B. This instrument was introduced to facilitate a trial of RPA operations in these restricted areas using CASA-verified drone safety apps, while ensuring compliance with safety regulations and mitigating potential risks to other airspace users and the public. The instrument outlines the conditions and limitations under which RPA operations can be conducted, ensuring that such operations do not infringe upon the rights of land owners or occupiers or compromise the legal rights of individuals in case of injury or property damage.

Scope and Application

CASA 65/23 – Approval and Permission for Operation of RPA within Sydney Harbour Restricted Airspace R405A/B Instrument 2023 applies specifically to the operation of Remotely Piloted Aircraft (RPA) within the restricted airspace areas designated as R405A and R405B within Sydney Harbour, Australia. The instrument is applicable to RPA operators who must obtain an airspace authorisation from a CASA-verified drone safety app to operate within the specified areas. This authorisation is subject to certain conditions that must be met, including compliance with operating limitations and restrictions such as the requirement for only one RPA to be controlled at a time and the maintenance of a listening watch on a specified frequency. The instrument operates within the framework of the Civil Aviation Safety Regulations 1998 and is intended to facilitate the trial of RPA operations in these restricted areas. It is important to note that this approval does not grant any rights to the operators against the owners or occupiers of land or affect any legal rights and remedies available for injuries or damages resulting from RPA operations. The instrument is in force from 16 November 2023 until 15 November 2024 and may be extended or modified through subordinate instruments as necessary.

Key Provisions

This instrument, CASA 65/23, provides approval and permission for the operation of Remotely Piloted Aircraft (RPA) within Sydney Harbour's restricted airspace areas R405A and R405B. Effective from 16 November 2023 and set to be repealed on 15 November 2024, this instrument outlines the specific conditions under which RPA operations are permitted in these areas (section 2). The areas within R405A and R405B, as detailed in Schedules 1 through 6, are approved for RPA operations below 500 feet above mean sea level (section 4(1)). This approval is conditional upon the RPA operator obtaining an airspace authorisation through a CASA-verified drone safety app, as outlined in section 6. The obligations imposed by the Act require RPA operators to adhere to certain conditions when operating in the approved areas. Specifically, operators must obtain an airspace authorisation via a CASA-verified drone safety app, ensuring compliance with any operating limitations specified in the authorisation (section 6(1)(a)). The authorisation must be current and not expired, and operators must ensure that only one RPA is controlled at a time and maintain a listening watch on the designated frequency (section 6(1)(b), (3), and (6)(b)). Additionally, the RPA must be equipped with an active fail-safe mode to handle data link loss, ensuring safe altitude adjustment and landing or flight termination (section 6(7)). Operators must also ensure compliance with their operations manual and hold the necessary RPA operator certification (section 6(4) and (8)). Failure to comply with the conditions set forth in this instrument may result in civil or criminal consequences. While the specific penalties are not detailed in the provided excerpt, breaches of aviation safety regulations generally carry significant fines and potential imprisonment. The seriousness of the breach, including the potential risk to aviation safety, will be considered in determining the penalty. Operators are advised to strictly adhere to the conditions to avoid any legal repercussions.

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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.