1CASA EX108/25 — Operation of RPA Near People and BVLOS (Emergency Service Operations) Exemption 2025

Instrument number CASA EX108/25 I, steven James campbell, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998. \[Signed S. Campbell\] Steven Campbell Executive Manager, National Operations & Standards 23 December 2025 CASA EX108/25 — Operation of RPA Near People and BVLOS (Emergency Service Operations) Exemption 2025 1 Name of instrument This instrument is CASA EX108/25 — Operation of RPA Near People and BVLOS (Emergency Service Operations) Exemption 2025. 1A Duration This instrument: (a) commences on the day after it is registered; and (b) is repealed at the end of 30 November 2028. 2 Definitions, etc. (1) In this instrument, unless the contrary intention appears: > Annex B means 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, as it exists from time to time. > approved parachute recovery system means: (a) a parachute recovery system mentioned in clause 6 of Schedule 1; or (b) another parachute recovery system approved by CASA for the purpose of this instrument. > BVLOS: see subsection (2). > CASR means the Civil Aviation Safety Regulations 1998. > documented practices and procedures has the meaning given by the Part 101 Manual of Standards. > Note Documented practices and procedures must be approved by CASA. If a further significant change is required after such an approval has been given, the documented practices and procedures must be reapproved if they are to comply with the definition. > emergency service RPA operation means 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 means 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; (c) the Australian Maritime Safety Authority; (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. > gathering, in relation to a group of people, means a group of people in close proximity, in circumstances where: (a) there is limited free or open ground between people; and (b) if an RPA flying over the group was to fail, the RPA would have a very high likelihood of impacting a person due to the density of people and their inability to freely move away from the RPA. > Note A gathering may include groups of people at a beach, park, local event, birthday party or wedding. > High M2, in relation to an approved parachute recovery system, means that CASA has approved the parachute recovery system, either in writing or by publication on its website, as suitable for use in mitigation measures classified in Annex B as “M2 High Integrity and Assurance”. > independent flight termination system, in respect of a relevant RPA, means a system fitted to the RPA that: (a) is independent to the RPA’s control system; and (b) can be activated through an independent control link; and (c) when activated, immediately activates a flight termination system that stops the RPA flight. > Note Flight termination can be achieved through a controlled descent, motor kill function, deep stall or other means. > major gathering or organised event means an organised or advertised event, generally with a high level of public interest, in circumstances where: (a) a significant number of people have assembled in a specific location for a common purpose; and (b) there is limited free or open ground between people; and (c) if an RPA flying over the event was to fail, it would have a very high likelihood of impacting a person at the event. > Example An outdoor concert, festival, sporting event and spontaneous public assemblies such as a large protest or rally. > Medium M2, in relation to an approved parachute recovery system, means that CASA has approved the parachute recovery system, either in writing or by publication on its website, as suitable for use in mitigation measures classified in Annex B as “M2 Medium Integrity and Assurance”. > police force or service means a police force or a police service, for the Commonwealth, a State or a Territory, that is: (a) established by or under an Act of the Commonwealth Parliament, the State Parliament or the Territory Legislative Assembly; and (b) the holder of a remotely piloted aircraft operator certificate under Part 101 of CASR. > relevant event has the meaning given by section 9.02 of the Part 101 Manual of Standards, as if the reference to a manned aircraft is a reference to an RPA. > relevant operation means the use of a relevant RPA for the purpose of an emergency service RPA operation. > relevant RPA means: (a) a Type A RPA; (b) a Type B RPA; (c) a Type C RPA; (d) a Type D RPA; (e) a Type E RPA; (f) a Type F RPA. > remote pilot means an employee or member of an emergency service RPA operator who: (a) is: (i) the holder of a remote pilot licence; or (ii) a person who is taken to hold a remote pilot licence under subregulation 202.461(3) of CASR; and (b) is the pilot in control of a relevant RPA; and (c) is acting at the direction of their RPA operator in a relevant operation; and (d) has such other qualifications and experience relevant to operating a relevant RPA as must be specified in the documented practice and procedures of the emergency service RPA operator. > RPA operator means an emergency service RPA operator that is the holder of a remotely piloted aircraft operator’s certificate issued by CASA. > shield means a solid physical barrier (other than a moving vehicle) that: (a) lies between a person and a relevant RPA in flight or in the hover under this instrument; and (b) is not moving or flexing in any direction; and (c) is of such dimensions, structure, strength and substance as to prevent: (i) the RPA from impacting any person; and (ii) any debris resulting from an impact of the RPA with the barrier from impacting any person; and (d) is not likely to lose any of the characteristics mentioned in paragraphs (a) to (c) during the course of an RPA operation. > Note The shield must be appropriate to withstand the particular impact of the RPA that is being operated in the relevant operation. > Type A RPA means a micro RPA. > Type B RPA means a multirotor, very small RPA with a maximum distance between rotor blade tips of 1 m. > Type C RPA means a multirotor, small RPA with a gross weight of no more than 5 kg and a maximum distance between rotor blade tips of 1.7 m. > Type D RPA means a multirotor, small RPA with a gross weight above 5 kg but no more than 10 kg and a maximum distance between rotor blade tips of 3 m. > Type E RPA means a multirotor, small RPA with a gross weight above 10 kg and a maximum distance between rotor blade tips of 3 m. > Type F RPA means 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 (c) fitted with an independent flight termination system. (2) In this instrument, an RPA is operated beyond visual line of sight (BVLOS) of the person operating the RPA if it is not operated within the visual line of sight of the person. (3) In this instrument, unless the contrary intention appears, terms and expressions that are not otherwise defined in this section, have the same meaning as they have in or under the Civil Aviation Act 1988 and its regulations. 3 Application (1) This instrument applies, according to its terms, to each of the following for a relevant operation: (a) an RPA operator; (b) the RPA operator’s remote pilot. (2) This instrument applies to training for a relevant operation as if the training were a relevant operation. 4 Exemptions (1) When conducting a relevant operation, an RPA operator and the remote pilot are each exempted from compliance with the following provisions of Part 101 of CASR, as applicable: (a) regulation 101.073 (for BVLOS); (b) regulation 101.095 (for weather, and day only, limitations); (c) regulation 101.245 (for operations near people); (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). (2) The exemptions in subsection (1) are subject to the conditions that are mentioned in Schedule 1. (3) The exemptions in subsection (1) cease to be in force at the end of the day that is 12 months after the day on which this instrument is registered. Schedule 1 Conditions 1 General To have the benefit of an exemption under this instrument, it is a condition that each requirement mentioned in this Schedule must be complied with for the relevant operation. 2 Documented practices and procedures 2.1 The RPA operator must not conduct an emergency service RPA operation unless CASA has approved the RPA operator’s documented practices and procedures in respect of the emergency services RPA operation. 2.2 The RPA operator must ensure that the RPA operator’s documented practices and procedures include the following: (a) a schedule of the relevant RPA to be used for relevant operations, which includes details of the following: (i) the make and model of each relevant RPA; (ii) the configuration of each relevant RPA; (iii) confirmation of the gross weight of each relevant RPA; (b) equipment specifications and procedures for detecting crewed aircraft within 5 nautical miles of a relevant RPA, 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: (i) specific requirements for the operating area; and (ii) flight planning and operational area assessment details, including procedures for operating a relevant RPA over a populous area, and criteria for when an area can be considered a controlled ground area; and (iii) 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 this exemption instrument. 2.3 The RPA operator must ensure that any relevant operation is conducted in accordance with the RPA operator’s documented practices and procedures. 2.4 In the event of conflict or inconsistency between anything in this instrument and the documented practices and procedures, this instrument prevails. 3 Altitude limits The remote pilot of a relevant RPA must ensure that, during a relevant operation, the relevant RPA does not exceed the following altitudes: (a) in the case of a relevant RPA operated within visual line of sight, 400 ft AGL; (b) in the case of a relevant RPA operated beyond visual line of sight: (i) 300 ft AGL if the RPA is operated during the day; and (ii) 400 ft AGL if the RPA is operated at night. 4 RPA Speed limits Before using a relevant RPA mentioned in column 2 of Table 4 in a relevant operation, an RPA operator must ensure that the RPA is configured not to exceed the corresponding speed mentioned in column 3 of Table 4. Table 4 — Relevant RPA maximum speeds | Column 1Item | Column 2Type of RPA | Column 3Speed | | ------------ | ------------------- | ------------- | | 1 | Type A RPA | 25 m/sec | | 2 | Type B RPA | 25 m/sec | | 3 | Type C RPA | 18.75 m/sec | | 4 | Type D RPA | 35 m/sec | | 5 | Type E RPA | 35 m/sec | | 6 | Type F RPA | 35 m/sec | 5 Operational limits based on population density of operating area 5.1 A relevant RPA must not be operated in an area described in column 2 of Table 5 unless the RPA is mentioned in the corresponding column 3 or column 4 of Table 5. 5.2 A relevant RPA mentioned in column 4 of Table 5 must not be operated in an area described in the corresponding column 2 of Table 5 unless the RPA operator has ensured that the conditions underneath the RPA mentioned in column 4 of Table 5 are complied with. Table 5 — Operating area density and the types of RPA that may be used | Column 1Item | Column 2Description of operating area | Column 3Type of RPA that may be used in the area | Column 4Type of RPA that may be used in the area, subject to further conditions | | ------------ | ----------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------ | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | 1 | A controlled ground area, including areas under an emergency services cordon or evacuation order | Type A RPAType B RPAType C RPAType D RPAType E RPAType F RPA | | | 2 | An area over or within a forest, desert, or large farm parcel, with limited habitable dwellings (e.g. not more than 1 small building every square km) | Type A RPAType B RPAType C RPAType D RPAType E RPAType F RPA | | | 3 | An area over or within 500 m of small farms and residential areas with very large lot sizes (approximately 4 acres or larger) | Type A RPAType B RPAType C RPA | Type D RPA(a) must not operate BVLOS unless fitted with a Medium M2 approved parachute recovery systemType E RPA(a) must not operate BVLOS; and(b) RPA must be fitted with a Medium M2 approved parachute recovery system; and(c) a visual observer must be used in respect of the area on the ground directly below the RPA to assist avoiding areas containing groups of people | | 4 | An area over or within 500 m of a suburban area | Type A RPA | Type B RPA, Type C RPA(a) must not operate BVLOS unless fitted with a Medium M2 approved parachute recovery systemType D RPA(a) must not operate BVLOS; and(b) RPA must be fitted with a Medium M2 approved parachute recovery system; and(c) a visual observer must be used in respect of the area on the ground directly below the RPA to assist avoiding areas containing groups of people | | 5 | An area over or within 500 m of an urban area | Type A RPA | Type B RPA, Type C RPA(a) must not operate BVLOS unless fitted with a High M2 approved parachute recovery system; and(b) must not operate within visual line of sight unless:(i) fitted with a Medium M2 approved parachute recovery system; and(ii) a visual observer is used in respect of the area on the ground directly below the RPA to assist avoiding areas containing groups of people | 6 Approved parachute recovery systems 6.1 Subject to subclause 6.2, a relevant RPA must be fitted with an approved parachute recovery system as follows: (a) for a Type B RPA that is a DJI Mavic, the applicable ParaZero SafeAir parachute recovery system; (b) for a Type C RPA that is a DJI M30/T, an AVSS PRS-M30 parachute recovery system; (c) for a Type D RPA that is a DJI Matrice 300 RTK: (i) a ParaZero SafeAir M-300 Pro parachute recovery system; or (ii) a ParaZero SafeAir M-350 Pro parachute recovery system. 6.2 An approved parachute recovery system must not be fitted to a relevant RPA in relation to a relevant operation in an area described in column 2 of Table 5 unless the parachute recovery system has the Medium M2 or High M2 approval mentioned in the corresponding column 4 of Table 5. 6.3 A relevant RPA may be fitted with an approved parachute recovery system that is not mentioned in subclause 6.1, if the system has been approved by CASA, either in writing or by publication on its website, in respect of the relevant RPA. 7 Geofencing and independent flight termination system 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. 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. > Note All Type F RPAs are required to be fitted with an independent flight termination system: see the definition of Type F RPA in section 2. 8 Safe separation requirements 8.1 A relevant RPA that is not 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 (c) the person is shielded. 8.2 A relevant RPA that is not a Type A RPA, or a Type B or Type C RPA fitted with a High M2 approved parachute recovery system, must not be operated over a gathering of people. 8.3 A relevant RPA that is not a Type A RPA, or a Type B RPA fitted with a High M2 approved parachute recovery system, must not be operated over a crowd of people at a major gathering or organised event. 8.4 A remote pilot who operates Type A RPA, or a Type B RPA fitted with a High M2 approved parachute recovery system, over a crowd of people at a major gathering or organised event must, as far as is practicable, avoid sustained overflight over the people. 8.5 A relevant RPA must not be operated over a moving vehicle, except in circumstances where the RPA is: (a) a Type A or Type B RPA; or (b) 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. 9 Airspace and traffic risk management 9.1 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 (c) within the no-fly area of a non-controlled aerodrome, unless a requirement mentioned in subclause 9.2 is met. 9.2 For paragraph 9.1(c), the requirements are one or more of the following: (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; (b) the RPA operator has visually confirmed that no crewed aircraft are in the vicinity of the aerodrome; (c) the relevant operation occurs during the hours of night when ADS-B within 10 nautical miles of the aerodrome is monitored; (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. 9.3 A relevant RPA must not be operated beyond visual line of sight in the vicinity of published 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. 9.4 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 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. 10 Data collection and reporting to CASA 10.1 The RPA operator must retain records of the following in relation to a relevant operation: (a) flight logs; (b) telemetry data; (c) training records for the remote pilots; (d) maintenance details for the relevant RPA used in the operation; (e) reports of any incidents or accidents; (f) details of any parachute deployments; (g) details of any deviation from the RPA operator’s documented practices and procedures; (h) details of any NOTAMs caused to be published in respect of a relevant operation. 10.2 If a serious incident or accident, involving damage to property or a person, occurs during a relevant operation, the RPA operator must provide a written report to CASA within 24 hours of the incident or accident. 10.3 The RPA operator must submit written reports to CASA at regular intervals of no less than 3 months, starting from the commencement of this instrument and ending 3 months after the exemptions in subsection 4(1) cease to be in force, that contain the following details regarding relevant operations during the reporting period: (a) total number of flights; (b) any incidents that occurred; (c) parachute deployments; (d) any deviations from the RPA operator’s documented practices and procedures that occurred. 10.4 The RPA operator must make the records mentioned in subclause 10.1 available for inspection by CASA on request. 11 CASA observers 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.