Drone operations above 400 ft in defined environments - (PP 2612US)

Overview

CASA is seeking feedback on a policy proposal (PP) to allow drone operations above 400 ft in defined environments and under certain conditions.

The proposal would allow operations above 400 ft, up to an additional maximum height of 100 ft (approximately 31 m) measured from the top of a structure. This would apply without CASA approval or the requirement to operate under a remotely piloted aircraft operator’s certificate (ReOC), when certain criteria are met.

The proposal would apply to 2 defined environments and operations.

The first is drone operations near vertical objects or obstacles, including structures and terrain features such as wind turbines, communication towers, buildings and cliffs.

The second involves drone operations over excavated areas within active mining operations.

Under the proposal, eligible remote pilot licence (RePL) holders and eligible operators would be allowed to conduct certain operations above 400 ft. This would not require CASA approval or operating under a ReOC. All operating conditions still apply.

The proposal has been developed to reduce the administrative burden of repeated applications and approvals for certain recurring operations.

It would give operators greater certainty and flexibility when carrying out routine work in these environments. It would also support a practical and proportionate regulatory framework aligned with operational risk.

The proposal would also allow CASA to focus its regulatory oversight and assessment resources on more complex or higher risk operations.

The proposed changes are intentionally limited in scope. They are designed to provide relief from the existing 400 ft height restriction in the circumstances described. The proposal does not replace, alter, or remove any other regulatory requirements that may apply to a particular operation.

Operators and remote pilots must continue to comply with all other applicable rules, approvals and operational requirements – including those relating to airspace access, operations near people, and beyond visual line of sight (BVLOS) operations where relevant.

The proposal

CASA proposes to permit certain drone operations above 400 ft without a CASA approval or the requirement to hold or operate under a ReOC, provided all operating conditions are met.

The proposal would apply to 2 defined operating environments:

1. Near vertical objects:

1. when operating within 120 m horizontally or laterally of a natural or constructed structure such as a wind turbine, building, tower or cliff
2. permitted to operate up to an additional 100 ft above the highest point of that structure
3. the remote pilot (RePL holder) must maintain a listening watch on the appropriate aeronautical radio frequency.

2. Over active mining excavations:

1. the 400 ft altitude limit is measured from the pit edge nearest to the drone, not measured from the pit floor or from the point on the ground under the drone
2. the remote pilot must hold an Aeronautical Radio Operator Certificate (AROC) and radio broadcasts must be made before and during the operation.

For both operating environments, the proposed alleviation would only apply where:

• the remote pilot holds a RePL for the type and category of RPA being operated
• operations are within visual line of sight (VLOS)
• the operator already holds CASA approval for BVLOS or EVLOS operations, the operation is permitted but an observer must be used.

This proposal is intended to operate with other approvals. Where another approval is required, such as BVLOS, controlled airspace, or operations near people, that approval must still be obtained following CASA’s application processes.

Principal changes

The main change would allow eligible operators to conduct certain drone operations above 400 feet without applying to CASA for approval for each operation.

The proposal would reduce the need for repeated approvals for similar operations and provide greater certainty for operators undertaking recurring work. It would also remove the routine requirement for operation specific NOTAMs, subject to transition arrangements.

It would also introduce aeronautical radio requirements to support situational awareness for the remote pilot and other airspace users.

The proposal does not change existing safety responsibilities. Operators must continue to comply with all applicable regulations and conduct operations safely.

All other regulatory requirements would remain unchanged. This includes requirements relating to airspace access, aerodromes, operations near people, and hazard identification and avoidance.   

Previous consultations

CASA continues to review and improve our application and assessment processes under a broader approach for a more efficient and effective remotely piloted aircraft system (RPAS) regulatory framework.

During the 2021 to 2022 post implementation review of the Part 101 of CASR consultation, stakeholders were asked about greater flexibility for some operations above 400 ft, including operations near vertical structures and over mine sites.

Consultation feedback supported a more proportionate approach where the operating environment is constrained, and the safety case could be maintained through other conditions or mechanisms.

Why your views matter

Your feedback will help us make sure the proposed changes are suitable, clear and will work as intended, and all aviation safety matters are raised and appropriately mitigated.

How to submit feedback

Please submit your comments on the proposal to permit certain drone operations above 400 ft in defined environments, through the consultation hub using the survey link provided on this page.

If you are unable to provide feedback via the survey link, please email us at regulatoryconsultation@casa.gov.au.

What happens next

At the end of the response period, we will:

• review all comments received
• make responses publicly available on the consultation hub (unless you request your submission remain confidential)
• publish a summary of consultation which summarises the feedback received and outlines any intended changes and next steps.

All comments received on the proposal will be considered. Relevant feedback that improves upon the proposal would be incorporated.

Related documents

All documents relevant to this consultation are attached in the ‘Related’ section at the bottom of the overview page. They are:

• PP 2612US, which provides background and explains the proposed change
• MS Word copy of online consultation for ease of distribution and feedback within your organisation.