Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — operation of UAV at night and near people (Sydney Vivid Festival)
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor‑General may make regulations for the Act and the safety of air navigation. Subsection 98 (5A) of the Act provides that the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation of aircraft.
The Civil Aviation Safety Regulations 1998 (CASR 1998) sets boundaries on the operation of an unmanned aerial vehicle (UAV), including: under paragraph 101.095 (1) (b) of CASR 1998 that a UAV may only be operated at night if permitted by a provision of CASR Part 101; and under regulation 101.245, that a UAV not be operated within 30 metres of a person who is not one of the operator’s personnel.
Subregulation 11.160 (1) of CASR 1998 provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations or a Civil Aviation Order, in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.
Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.
Background
Droneheadz Pty Ltd (the operator) conducts a business providing aerial photography and aerial surveying to clients. Intel Corporation has contracted the operator to facilitate an interactive demonstration of “drone” technology at the Vivid Light and Music Festival in Martin Place, Sydney (the Festival) using Intel chipped drones. The operator will set up a cylindrical drone cage that is 7 metres tall and 6 metres in diameter containing the 6 UAVs, with additional safety netting around the perimeter of the cage. The UAVs will be lit and controlled by 6 tablet devices by members of the public under supervision of the operator’s 2 UAV Controllers. The base station communicating with the tablets will be programmed so that the UAVs will limit excessive flight control inputs, tilt angle, airspeed and relative position to other UAVs in the cage.
Instrument
CASA EX85/15 is an exemption from paragraph 101.095 (1) (b) and regulation 101.245 of CASR 1998, applicable to the operator and to members of the public who are under the supervision of the operator’s UAV Controllers, that allows the operator and the supervised members of the public to operate the 6 UAVs inside the enclosed caged area.
The instrument is subject to a range of conditions in the interests of aviation safety, including that the UAV must have orientation lighting; must be operated within visual line of sight at all times in visual meteorological conditions; and if operated by a member of the public, must be operated under supervision of the operator’s UAV Controllers. A UAV Controller must not supervise more than 3 members of the public at any one time.
Legislative Instruments Act 2003 (the LIA)
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or the Civil Aviation Orders. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The exemption applies to a particular UAV operator, but also members of the public generally. The exemption is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
The instrument has been issued at the request of the operator. CASA has assessed the operator’s safety case and is satisfied that risk management procedures and practices will be implemented to ensure the operation will be conducted safety. CASA considers that it is not appropriate, or necessary, to undertake further consultation under section 17 of the LIA.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
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 1998.
The instrument commences on the day of registration and expires at the end of 8 June 2015, as if it had been repealed by another instrument.
[Instrument number CASA EX85/15]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — operation of UAV at night and near people (Sydney Vivid Festival)
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 allows Droneheadz Pty Ltd (the operator) to operate, and supervise the operation of, 6 unmanned aerial vehicles (UAV) at an interactive demonstration during the Sydney Vivid Light and Music Festival. Members of the public who are participating in the demonstration will also be exempt from regulatory limitations on the operation of UAVs at night time and within 30 metres of other persons.
The instrument is subject to conditions in the interests of aviation safety, including that the UAVs must be operated within an enclosed caged area.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority