CASA EX108/25 — Operation of RPA Near People and BVLOS (Emergency Service Operations) Exemption 2025 - Legislation

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA EX108/25 — Operation of RPA Near People and BVLOS (Emergency Service Operations) Exemption 2025

Purpose

The purpose of CASA EX108/25 — Operation of RPA Near People and BVLOS (Emergency Service Operations) Exemption 2025 (the instrument) is to enable organisations that carry out law enforcement, rescue or life-saving operations (emergency service operations) to conduct such operations using specified types of smaller remotely piloted aircraft (RPA), including in circumstances where the RPA may be flown beyond the pilot’s visual line of sight or over populous areas. The instrument will enable such operations on a trial basis for a period of 12 months.

Legislation

Exemptions

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 the Civil Aviation Safety Regulations 1998 (CASR).

Subpart 11.F of CASR provides for the granting of exemptions from particular provisions of the regulations. Subregulation 11.160(1) of CASR provides that, for subsection 98(5A) of the Act, the Civil Aviation Safety Authority (CASA) may grant an exemption from compliance with a provision of the regulations.

Under subregulation 11.160(2) of CASR, an exemption may be granted to a person or a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

Under subregulation 11.160(3) of CASR, an exemption may be granted on application by a person or on CASA’s own initiative.

Under subregulation 11.170(3) of CASR, in deciding whether to grant an exemption, CASA must regard as paramount the preservation of at least an acceptable level of aviation safety. CASA has regard to the same test when deciding whether to grant an exemption on its own initiative.

Regulation 11.205 of CASR provides that CASA may impose conditions on an exemption if necessary in the interests of the safety of air navigation. Under regulation 11.210, it is a strict liability offence (with a maximum penalty of 50 penalty units) not to comply with the obligations imposed by a condition.

Regulation 11.225 of CASR requires an exemption to be published on the internet. Under subregulation 11.230(1), the maximum duration of an exemption is 3 years.

CASR Part 101

Under regulation 101.073 of CASR, without a CASA approval, it is an offence to operate an unmanned aircraft that is not within the operator’s visual line of sight (beyond visual line of sight or BVLOS).

An unmanned aircraft is being operated within the visual line of sight if the person operating it can continually see, orient and navigate the aircraft to meet the person’s separation and collision avoidance responsibilities, with or without corrective lenses, but without the use of binoculars, a telescope or other similar device.

Under regulation 101.095 of CASR, without a relevant permission or approval, a person must not operate an unmanned aircraft in or into cloud, or at night, or in other than visual meteorological conditions.

Under regulation 101.245 of CASR, without a CASA approval, a person must not operate an RPA within 30 m of another person who is not directly associated with the actual operation of the RPA. For a very small, a small, or a medium RPA, the RPA may be operated within 15 m of the other person if they have consented.

In addition, under section 7 of CASA 20/25 – Operation of Certain Unmanned Aircraft and Rockets – Directions Instrument 2025, without an applicable approval, authorisation or exemption, a person controlling an RPA (or a model aircraft) must ensure that the aircraft is not operated in or over another person’s safety zone unless the other person has duties essential to the control or navigation of the aircraft. The safety zone is measured as a cylindrical volume of airspace around a person that rises from the ground or water surface (as applicable) that the person is on or above, which has a constant horizontal radius of 30 m from the person’s position.

Under subregulation 101.250(1) of CASR, a person may operate a very small RPA, a small RPA or a medium RPA outside an approved area only if: (a) where the RPA is operated above 400 ft AGL, the operator has approval to do so; and (b) the RPA stays clear of populous areas. Under subregulation 101.250(2), an offence against subregulation 101.250(1) is an offence of strict liability.

Under regulation 101.280 of CASR, a person must not operate an RPA that does not have a certificate of airworthiness over a populous area at a height less than the height from which, if any of its components fails, it would be able to clear the area (the critical height).

Further, without a CASA approval, a person must not operate a certificated RPA over a populous area at less than the critical height.

Under subregulations 101.300(4) and (6) of CASR, it is a condition (among others) of a remote pilot licence that an RPA must be operated within the visual line of sight of the pilot unless the pilot is a certificated RPA operator approved to so operate, or a member of such an operator’s personnel. Contravention of the condition would be an offence.

Incorporation of documents 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) of the LA, 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 provides 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.

Background

Generally, under Part 101 of CASR, an RPA must be operated within the visual line of sight of the operator, and not over populous areas. These rules impose serious constraints on organisations using RPA for the purposes of emergency service operations. CASA EX88/25 relaxed these rules for emergency service operations where the RPA may be flown inside a building.

CASA is making the instrument to allow the operation of RPA BVLOS and over populous areas during emergency service operations on a 12-month trial basis. The intention of the trial is to gather experiential flight data to inform a CASA decision on whether to prolong the duration of the instrument, and whether to extend its scope or impose more safety conditions. The exemptions in the instrument will be subject to a range of safety conditions designed to address hazards and reduce or eliminate risks of injury, including:

requiring emergency service RPA operators to use only employees or members of the operator as remote pilots (rather than independent contractors)
requiring emergency service RPA operators to have CASA-approved detailed operating documents (documented practices and procedures)
restricting the types of RPA that may be used to RPA weighing less than 25 kg, and altitude and speed limits

fitting the RPA with approved parachute recovery systems where required.

Some conditions also relate to collecting and reporting operational data.

Overview of instrument

The instrument provides exemptions from the CASR provisions that require that an RPA must be operated within the visual line of sight of the operator, and not over populous areas, in relation to emergency services operations carried out by police and other specified organisations, which include firefighters, lifeguards and the Australian Defence Force.

The exemptions are subject to a range of safety conditions designed to address hazards and reduce or eliminate risks of injury, including detailed operating documents (documented practices and procedures), and speed and height limits for RPA during emergency operations.

Some conditions vary based on the size of the RPA and the population density of the area over which the RPA will be operating. For example, in relation to an area within 500 m of an urban area, a micro RPA (with a weight of 250 g or less) may be flown BVLOS without fitting additional equipment, but a small RPA (with a weight up to 5 kg) must not be flown BVLOS unless fitted with an approved parachute recovery system.

An emergency services operator must not conduct an operation under the instrument until CASA has approved its documented practices and procedures in relation to the operation.

An emergency services operator that has used, or that intends to use, the instrument must make arrangements, on written request by an Executive Manager of CASA, for a CASA officer to observe a relevant operation at CASA’s expense. Additionally, an operator must report to CASA the details of any operation under the instrument in which an RPA impacts a person or damages any property during the operation.

Documents incorporated by reference

This instrument incorporates the document titled Annex B: Integrity and assurance levels for the mitigations used to reduce the intrinsic Ground Risk Class, edition 2.5, published on 13 May 2024 by The Joint Authorities for Rulemaking on Unmanned Systems (JARUS), as it exists from time to time. In accordance with subsection 98(5D) of the Act, this document is incorporated in its entirety, as it exists from time to time. It is freely available and can be found on JARUS’s webpage at <jarus‑rpas.org/publications>.

Content of instrument

Section 1 names the instrument.

Section 1A sets out the duration of the instrument.

Section 2 sets out definitions for the instrument, including: beyond visual line of sight or BVLOS and shield.

emergency service RPA operation is defined as an operation by an emergency service RPA operator involving an RPA that is for:

(a) law enforcement purposes using the RPA; or

(b) the purpose of saving or protecting persons, property or the environment using the RPA.

emergency service RPA operator is defined as one of the following organisations, that is an RPA operator that may lawfully conduct an emergency service RPA operation:

(a) a police force or service;

(b) the Australian Defence Force;

(d) the Australian Border Force;

(e) a State or Territory fire service;

(f) a State or Territory emergency service;

(g) a State or Territory parks, wildlife, or forestry service;

(h) a State, Territory or Commonwealth lifeguard service.

independent flight termination system is defined as a system fitted to a relevant RPA that:

(a) is independent to the RPA’s control system; and

(b) can be activated through an independent control link; and

relevant operation means the use of a relevant RPA for the purpose of an emergency service RPA operation.

relevant RPA is defined as a Type A, Type B, Type C, Type D, Type E or Type F RPA. Each of these Types of RPA is defined by reference to the maximum gross weight of the RPA, and often by reference to the rotor span of the RPA.

The lightest Type is Type A RPA, defined as a micro RPA (with a gross weight less than 250 g) while the heaviest Type is a Type F RPA, defined as a small RPA:

(a) of the aeroplane or powered-lift category; and

(b) with a maximum distance between rotor blade tips of 3 m; and

remote pilot is defined by reference to an employee or member of an emergency service RPA operator, as the exemptions in the instrument are not intended to apply in respect of independent contractors.

RPA operator means an emergency service RPA operator that is the holder of a remotely piloted aircraft operator’s certificate issued by CASA.

Section 3 provides that the instrument applies only to RPA operators and remote pilots who are sworn police officers, or employees or members of the other kinds of emergency services RPA operators. The instrument also applies to training for the relevant operations.

Subsection 4(1) sets out the exemptions in the instrument from the relevant provisions of CASR, set out above, as follows:

(a) regulation 101.073 (for BVLOS);

(b) regulation 101.095 (for weather, and day only, limitations);

(d) regulation 101.250 (in respect of very small or small RPAs operating near populous areas)

(e) regulation 101.280 (for operations over a populous area);

(f) paragraph 101.300(4)(b) (for certain remote pilot licence conditions);

(g) subregulation 101.300(6), but only in respect of paragraph 101.300(4)(b) (concerning offences).

Subsection 4(2) imposes the safety conditions that are set out in Schedule 1. Subsection 4(3) provides that the exemptions in the instrument cease to be in force 12 months after the commencement of the instrument, emphasising the trial basis of the exemptions.

Section 1A provides that the instrument is repealed at the end of 30 November 2028. Despite the 12-month duration of the exemptions in the instrument, the rest of the instrument is intended to remain in force for 3 years, to keep the reporting and recordkeeping requirements (in Schedule 1 of the instrument) on foot.

Schedule 1 sets out the conditions on the exemptions in section 4.

Clause 1 sets out a general condition that all the relevant conditions must be complied with.

Under subclause 2.1, an RPA operator must not conduct an emergency services RPA operation unless CASA has approved the RPA operator’s documented practices and procedures in respect of the emergency services RPA operation.

Under subclause 2.2, the RPA operator’s documented practices and procedures must include a range of details, including the following:

(a) a schedule of the relevant RPA to be used for relevant operations, including make, model and gross weight of each RPA;

(b) equipment specifications and procedures for detecting crewed aircraft in the operating area, including procedures for evading the aircraft;

(c) if a relevant RPA is to be operated around crewed aircraft, procedures regarding traffic coordination between the relevant RPA and crewed aircraft;

(d) if a relevant RPA is to be operated from a remote operating centre, operating requirements and procedures for the remote operating centre;

(e) procedures for operating a relevant RPA beyond visual line of sight that address specific requirements for the operating area, procedures for operating a relevant RPA over a populous area, criteria for when the area can be considered a controlled ground area and operating procedures for normal and abnormal circumstances, including navigation, operating at night, operating in non-VMC conditions and procedures for ground observation;

(f) procedures for the training and testing of relevant individuals in relation to conducting a relevant operation;

(g) procedures for making and retaining records of the matters mentioned in paragraph (f);

(h) how, for all for relevant operations, risk assessments are to be conducted, documented, made available to relevant individuals, and retained;

(i) minimum requirements for the deployment of each type of relevant RPA;

(j) a copy of the instrument.

Under subclause 2.3, a relevant operation must be conducted in accordance with the RPA operator’s documented practices and procedures.

Clause 3 sets out various altitude limits for relevant RPA during a relevant operation, with different requirements depending on whether the RPA is operated BVLOS or during the day or night.

Clause 4 sets out maximum speed limits, that a relevant RPA must be configured not to exceed before a relevant operation, with different requirements depending on the different Type of RPA, based on weight and maximum distance between rotor blade tips.

Clause 5 sets out the requirements for different Types of relevant RPA during a relevant operation depending on the population density of the area the relevant RPA is operating in. Table 5 sets out the different conditions for different Types of relevant RPA. The higher the population density, the more restrictions are placed on the heavier Types of relevant RPA. For example, when operating over a sparsely-populated area like a desert, each Type of RPA can operate BVLOS without further conditions. Conversely, when operating over or near an urban area, the heavier Types of relevant RPA (Types D to F) must not be used at all, while a Type B or C RPA may only be used if fitted with a parachute recovery system approved for the level of mitigation measure that is set out in the incorporated document.

Clause 6 sets out the approved parachute recovery systems for the Types of relevant RPA that are required to carry them. Under subclause 6.3, CASA may approve additional makes and models of RPA for the purposes of the instrument.

Clause 7 sets out further conditions. Under subclause 7.1, a relevant RPA that is not a Type A RPA must not be operated unless an electronic geofence is in place to restrict the RPA from exiting the operational area. Under subclause 7.2, a Type B, Type C or Type D RPA must not be operated within 1 km of an event or gathering with more than 40 000 people unless it is fitted with an independent flight termination system.

Clause 8 sets out safe separation requirements for relevant RPA.

Under subclause 8.1, a relevant RPA (other than a Type A RPA) must not be operated within 15 m of a person unless:

(a) the person has consented to the operation of the RPA within that distance; or

(b) the RPA has no exposed rotors and is travelling at a speed that the remote pilot reasonably considers is low enough to minimise the risk of impact injuries; or

Subclauses 8.2 to 8.4 set out restrictions on which Types of relevant RPA may operate over a gathering or major gathering or organised event (as defined in the instrument), to the effect that some Types of RPA must be fitted with an approved parachute recovery system and the heaviest Types of relevant RPA must not be used at all.

Subclause 8.5 provides that a relevant RPA must not be operated over a moving vehicle, except in circumstances where the RPA is a Type A or Type B RPA, or a Type C RPA that is operating in a controlled ground area and the remote pilot reasonably considers that it is necessary in the context of the emergency operation.

Clause 9 sets out conditions relating to managing airspace and potential air traffic.

Subclause 9.1 provides that a relevant RPA must not be operated beyond visual line of sight:

(a) within 5 nautical miles of a controlled aerodrome; or

(b) within 5 nautical miles of a non-controlled aerodrome during a relevant event; or

Under subclause 9.2, the requirements for paragraph 9.1(c) are:

(a) the aerodrome is a “prior permission required” aerodrome, and the remote pilot has received confirmation from the aerodrome operator that no aircraft movements are expected; and

(b) the RPA operator has visually confirmed that no crewed aircraft are in the vicinity of the aerodrome; and

(c) the relevant operation occurs during the hours of night when ADS-B within 10 nautical miles of the aerodrome is monitored; and

(d) the relevant RPA is operated within a separation distance from crewed aircraft of 1 000 ft vertically or 1 500 m horizontally, unless a different separation distance has been coordinated with the aerodrome operator.

Subclause 9.3 provides that a relevant RPA must not be operated in the vicinity of VFR routes, near aerodromes in areas where crewed aircraft movements below 500 ft AGL are expected unless a NOTAM has been published in respect of the operation of the relevant RPA.

Subclause 9.4 provides that a relevant RPA must not be operated beyond visual line of sight at an altitude higher than 200 ft AGL unless:

(a) the RPA operator is monitoring ADS-B and aeronautical radio in the relevant area; and

(b) in the case of operations in non-controlled airspace, the remote pilot makes regular aeronautical radio broadcasts of the position of the RPA:

(i) at the time of launching the RPA; and

(ii) at any other time the remote pilot considers it necessary to facilitate separation from other aircraft.

Clause 10 sets out requirements for the RPA operators to collect data in relation to how the relevant RPA perform in relevant operations, and to report to CASA every 3 months. Additionally, RPA operators must report to CASA within 24 hours of any incident or accident during a relevant operation that involves damage to property or a person.

Clause 11 provides that an RPA operator that has used, or that intends to use, this instrument must make arrangements, on written request by an Executive Manager of CASA, for a CASA officer to observe a relevant operation at CASA’s expense.

Legislation Act 2003

Paragraph 98(5A)(a) of the Act provides that the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation, or the maintenance, of aircraft. Additionally, paragraph 98(5AA)(a) of the Act provides that an instrument issued under paragraph 98(5A)(a) is a legislative instrument if the instrument is expressed to apply in relation to a class of persons. The instrument exempts a class of persons from complying with various provisions of CASR, namely the State, Territory and Commonwealth organisations listed in the definition of emergency service RPA operators and remote pilots who are members or employees of those organisations. The instrument is, therefore, a legislative instrument, and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.

Sunsetting

Part 4 of Chapter 3 of the LA (the sunsetting provisions) does not apply to the instrument, because the instrument relates to aviation safety and is made under CASR (item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015).

However, this instrument will be repealed at the end of 30 November 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 this instrument.

Consultation

CASA has consulted with emergency service operators regarding the instrument, primarily through working groups. During consultation, emergency service operators provided safety cases in support of the operating framework established by the instrument.

CASA is satisfied that no further consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.

Sector risk, economic and cost impact

Subsection 9A(1) of the Act states that, in exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration. Subsection 9A(3) of the Act states that, subject to subsection (1), in developing and promulgating aviation safety standards under paragraph 9(1)(c), 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) which 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.

In terms of economic and cost impacts for subsection 9A(3) of the Act, the instrument imposes no direct or indirect cost impacts on any relevant parties.

Sector risks

The instrument is operative for 3 years with respect to specific unmanned aircraft used by Australian police forces and the other named organisations involved in law enforcement, rescue or life-saving operations.

Impact on categories of operations

The instrument is likely to have a beneficial effect on law enforcement, rescue or life-saving operations by providing greater flexibility to operators carrying out such operations, in circumstances where it may be more advantageous, safer or more possible to send an RPA into an operational area rather than people.

Impact on regional and remote communities

The instrument is likely to have a beneficial effect on regional communities inasmuch as the operations enabled by the instrument take place in those communities.

Office of Impact Analysis (OIA)

An Impact Analysis (IA) is not required in this case, as the exemption is covered by a standing agreement between CASA and OIA under which an IA is not required for exemptions (OIA reference number: OIA23-06252).

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 the day after it is registered and is repealed at the end of 30 November 2028.

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

CASA EX108/25 — Operation of RPA Near People and BVLOS (Emergency Service Operations) Exemption 2025

This 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 provides exemptions from the provisions of Part 101 of the Civil Aviation Safety Regulations 1998 that require that an RPA must be operated within the visual line of sight of the operator, and not over populous areas, in relation to emergency services operations carried out by police and other specified organisations, which include firefighters, lifeguards and the Australian Defence Force.

Some conditions vary based on the size of the RPA and the population density of the area over which the RPA will be operating. For example, in relation to an area within 500 m of an urban area, a micro RPA (with a weight of 250 g or less) may be flown beyond visual line of sight (BVLOS) without fitting additional equipment, but a small RPA with a weight up to 5 kg must not be flown BVLOS unless fitted with an approved parachute recovery system.

Human rights implications

The instrument engages with the right to life under Article 6 of the International Covenant on Civil and Political Rights (the ICCPR) (to the effect that every individual has the right to life, protected by law, and without being arbitrarily deprived of it).

The instrument will have indirect effects on the right to life under the ICCPR, given that it enables the use of RPA in law enforcement, rescue or life-saving operations, which usually feature circumstances that involve a risk to personal safety. Its detailed safety conditions are designed to ensure the safe conduct of the organisations operating under the instrument, and of law enforcement, rescue and life-saving operations that use or are supported by RPA. The conditions are also designed to protect bystanders who are not operating the RPA.

The instrument also indirectly engages with the right to privacy under Article 17 of the ICCPR (to the effect that individual has the right not to be subjected to arbitrary interference with their privacy).

The instrument will have indirect effects on the right to privacy under the ICCPR, given that a relevant RPA will be able to operate over populous areas and such RPA often use cameras for navigational and operational purposes. CASA will not be collecting or retaining any personal data as result of the exemptions or conditions in the instrument, and emergency services operators are bound by their own policies concerning privacy and human rights policies when conducting their emergency service operations. The instrument only applies to emergency service operations, which are defined as operations for the purposes of law enforcement, or saving or protecting persons, property or the environment. In this context, any limitation on the right to privacy is proportionate given the circumstances of the emergency service operations.

Conclusion

The instrument is compatible with human rights and to the extent that it may engage certain rights it does so in a way that promotes the right to life and protects privacy. The measures in the instrument are considered to be reasonable, necessary and proportionate in the interests of aviation safety.

Civil Aviation Safety Authority

CASA EX108/25 — Operation of RPA Near People and BVLOS (Emergency Service Operations) Exemption 2025

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

Interactions

Legislation content

Interactions

Authorises

All Versions