CASA EX45/24 — Operation of Remotely Piloted Aircraft Over Populous Area Exemption 2024

Overview

The CASA EX45/24 — Operation of Remotely Piloted Aircraft Over Populous Area Exemption 2024 was enacted to provide exemptions for the operation of remotely piloted aircraft (RPA) over populous areas, thereby facilitating safer and more efficient use of airspace. This legislative instrument was introduced under the Civil Aviation Safety Regulations 1998 and is overseen by the Civil Aviation Safety Authority (CASA). The primary objective is to streamline the operation of very small, small, and medium RPAs over populated areas by exempting holders of relevant approvals from certain regulatory requirements, provided they adhere to the specified conditions. This instrument aims to balance the growth in RPA operations with the need to ensure public safety and maintain orderly use of airspace. This exemption applies to persons who hold relevant approvals and meet the conditions set out in the Civil Aviation Safety Regulations 1998. It allows these individuals to operate very small, small, and medium RPAs over populous areas without needing to comply with specific regulatory provisions, thus promoting innovation and operational flexibility while upholding safety standards. The instrument is in force from 7 August 2024 and will be repealed at the end of 31 July 2027, with amendments reflecting evolving regulatory needs and operational practices.

Scope and Application

The CASA EX45/24 — Operation of Remotely Piloted Aircraft Over Populous Area Exemption 2024 applies to any individual or entity that holds a relevant approval under the Civil Aviation Safety Regulations 1998 and operates a relevant remotely piloted aircraft (RPA) that is either a very small, small, or medium RPA over a populous area outside an approved area. This exemption is applicable to the operation of these RPAs as long as the conditions of the relevant approval are met and the approval is not suspended. The exemption relieves the operator from certain compliance requirements under the Civil Aviation Safety Regulations, specifically paragraph 101.250(1)(b) and subregulation 101.280(2), when operating over a populous area. This exemption is in effect from 7 August 2024 until it is repealed on 31 July 2027. The exemption can be further amended or updated through subordinate instruments, as evidenced by the amendment CASA EX92/25 made under regulation 11.160 of the Civil Aviation Safety Regulations 1998, which took effect on 16 November 2025. The scope of CASA EX45/24 is limited to certain types of RPAs and specific operational conditions, providing relief to operators of very small, small, and medium RPAs when flying over populous areas outside approved zones. The exemptions granted under this instrument are subject to the conditions of the relevant approval and remain in effect until the instrument's repeal date. It is important to note that this exemption does not apply to large RPAs or situations where the relevant approval has been suspended. The instrument is subject to further amendments through subordinate legislation, ensuring it remains relevant and effective in the context of evolving aviation safety standards and practices.

Key Provisions

The CASA EX45/24 — Operation of Remotely Piloted Aircraft Over Populous Area Exemption 2024, as amended, provides a regulatory framework governing the operation of certain remotely piloted aircraft (RPA) over populous areas. This legislation applies to very small, small, and medium RPAs and exempts operators from specific compliance requirements under the Civil Aviation Safety Regulations 1998 (CASR). For example, section 5(2) of CASA EX45/24 exempts operators of these RPAs from the requirement in paragraph 101.250(1)(b) of CASR when flying outside an approved area over a populous area. Similarly, section 5(3) exempts operators from the requirement in subregulation 101.280(2) of CASR when flying over a populous area. This exemption is contingent on the operator holding a relevant approval under CASR or CASA 20/25 and complying with the conditions of that approval. The obligations imposed by the CASA EX45/24 are primarily on the operators of the relevant RPAs. They must ensure they hold a relevant approval and that this approval is not suspended. Additionally, they must comply with all conditions stipulated in their approval to benefit from the exemptions provided by this legislation. The legislation also specifies definitions for key terms such as "approved area," "certificated RPA," "populous area," "relevant approval," and "relevant RPA." These definitions help clarify the scope and application of the exemptions and obligations outlined in the legislation. Breaching the conditions set out in CASA EX45/24 can lead to serious consequences. Operators who fail to comply with the requirements or misuse the exemptions may face penalties. While the specific penalties are not detailed in the legislation, it is likely that breaches could result in fines, suspension of approvals, or other enforcement actions under the Civil Aviation Safety Regulations 1998. These consequences underscore the importance of adhering to the terms and conditions set forth in the legislation to avoid legal repercussions.