By: Mark Yum, Partner

Effective 29 September 2016 are amendments to the regulation relating to the use of civil and commercial drones. The Civil Aviation Safety Regulations (CASR), the regulatory tool affecting drones, will amend Part 101 of the regulation to lessen the severity of the current regime pertaining to commercial drone usage in Australia.

Who does it impact?
The increased use of drones across many commercial practice areas including real estate, agribusiness and photography means that the new regulations, effective 29 September 2016, will provide both clarification and efficacy.

New Regulations
Drones, correctly referred to as Remotely Piloted Aircraft (RPA) have different regulations dependent upon their use for recreational or commercial purposes. Amendments to Part101 include three critical changes.

  1. Classification of drones based on gross weight. They will be classified into four categories:
    • Very small – under 2kg
    • Small – between 2-25kg (a restriction may be required at 7kg)
    • Medium – between 25-150kg
    • Larger – over 150kg
  1. Standard operating conditions

Operation of drones must comply with the RPA standard operating conditions based on listed flight heights found on the CASA website and relevant safety procedures.

  1. Licensing and certification

If the drone is being used for the purposes of economic gain, an RPA Operator's Certificate is required, however if the RPA is less than 2 kilograms it is sufficient to notify CASA. If the drone is being used recreationally and not for economic gain RPA Certification is not required, however it is essential to comply with safety guidelines.

Notably, anyone holding the current Unmanned Aircraft Vehicle (UAV) Operator's Certificate can continue to operate as normal, unless the certificate is varied or renewed and then they will be issued with an RPA Operator's Certificate.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.