In order to fly a UAV for commercial purposes (anything other than for hobby or sport - sport being the act of flying the aircraft), you need either a Controllers Certificate (issued to someone with at least Private Pilots Licence (PPL) subjects passed) or an RPAS licence (Remote Piloted Aircraft Systems). You need to have, or work under a UAV Operators Certificate (Akin to an AOC for manned aircraft).
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From CASR 101
101.025 Meaning of populous area
For this Part, an area is a populous area in relation to the operation of an unmanned aircraft or rocket if the area has a sufficient density of population for some aspect of the operation, or some event that might happen during the operation (in particular, a fault in, or failure of, the aircraft or rocket) to pose an unreasonable risk to the life, safety or property of somebody who is in the area but is not connected with the operation.
101.055 Hazardous operation prohibited
(1) A person must not operate an unmanned aircraft in a way that creates a hazard to another aircraft, another person, or property.
(2) A person must not launch a rocket that is not an aircraft in a way that creates a hazard to an aircraft.
(3) A person must not launch a rocket that is not an aircraft in a way that creates a hazard to another person or to property.
(4) It is not a defence to a charge of contravening subregulation (1), (2) or (3) that the relevant unmanned aircraft was being operated, or the relevant rocket was launched, in a way that complied with the operations manual of an approved aviation administration organisation.
(5) In subregulations (2) and (3): rocket includes a firework rocket.
101.070 Operation in controlled airspace
(1) A person may operate an unmanned aircraft above 400 feet AGL in controlled airspace only:
(a) in an area approved under regulation 101.030 as an area for the operation of unmanned aircraft of the same kind as the aircraft, and in accordance with any conditions of the approval; and
(b) in accordance with an air traffic control clearance.
101.075 Operation near aerodromes
(1) A person may operate an unmanned aircraft at an altitude above 400 feet AGL within 3 nautical miles of an aerodrome only if:
(a) the operation is permitted by another provision of this Part; or
(b) permission has been given for the operation under regulation 101.080.
(2) A person may operate an unmanned aircraft over an area mentioned in paragraph (3)(a) or (b) only if: (a) the operation is permitted by another provision of this Part; or
(b) permission has been given for the operation under regulation 101.080.
(3) The areas for subregulation (2) are:
(a) a movement area or runway of an aerodrome; and
(b) the approach or departure path of a runway of an aerodrome.
(4) A person must not operate an unmanned aircraft in such a manner as to create an obstruction to an aircraft taking off from, or approaching for landing at, a landing area or a runway of an aerodrome.
101.085 Maximum operating height
(1) A person may operate an unmanned aircraft at above 400 feet AGL only:
(a) in an area approved under regulation 101.030 as an area for the operation of unmanned aircraft of the same class as the aircraft concerned, and in accordance with any conditions of the approval; or
(b) as otherwise permitted by this Part.
101.090 Dropping or discharging of things
(1) A person must not cause a thing to be dropped or discharged from an unmanned aircraft in a way that creates a hazard to another aircraft, a person, or property.
101.095 Weather and day limitations
(1) A person may operate an unmanned aircraft:
(a) in or into cloud; or
(b) at night; or
(c) in conditions other than VMC; only if permitted by another provision of this Part, or in accordance with an air traffic control direction
Subpart 101.F—UAVs
Division 101.F.1 - General 101.235 Applicability of this Subpart
(1) This Subpart applies to:
(a) the operation of a large UAV; and
(b) the operation of a small UAV for purposes other than sport or recreation.
Note 1: There is no practicable distinction between a small UAV and a model aircraft except that of use—model aircraft are flown only for the sport of flying them.
Note 2: For large UAV and small UAV, see regulation 101.240.
For model aircraft see the Dictionary.
(2) Nothing in this Subpart applies to the operation of a UAV if:
(a) while it is being operated, the person operating it keeps it in sight; and
(b) it is operated in a way that complies with Subpart 101.G.
(3) This Subpart does not apply to the operation of a micro UAV.
Note 1: See subregulation 101.005(3).
Note 2: For micro UAV, see regulation 101.240.
101.240 Definitions for Subpart
In this Subpart: approved area means an area approved under regulation 101.030 as an area for the operation of UAVs.
Note: CASA must publish details of the approval of an area (including any conditions) in NOTAM or on an aeronautical chart—see subregulation 101.030(5). certified UAV controller means a person certified under Division 101.F.3 as a controller of UAVs. Controller of a UAV means a person who performs a function that would be, if the UAV were a manned aircraft, a function of its flight crew. large UAV means any of the following:
(a) an unmanned airship with an envelope capacity greater than 100 cubic metres;
(b) an unmanned powered parachute with a launch mass greater than 150 kilograms;
(c) an unmanned aeroplane with a launch mass greater than 150 kilograms;
(d) an unmanned rotorcraft with a launch mass greater than 100 kilograms;
(e) an unmanned powered lift device with a launch mass greater than 100 kilograms.
Micro UAV means a UAV with a gross weight of 100 grams or less.
Small UAV means a UAV that is not a large UAV nor a micro UAV.
UAV means unmanned aircraft, other than a balloon or a kite.
101.245 Operation near people
(1) Subject to subregulations (2) and (3), a person must not operate a UAV within 30 metres of a person who is not directly associated with the operation of the UAV.
(2) Subregulation (1) does not apply in relation to a person who stands behind the UAV while it is taking off.
(3) Subregulation (1) also does not prevent the operation of a UAV airship within 30 metres of a person if the airship approaches no closer to the person than 10 metres horizontally and 30 feet vertically.
101.250 Where small UAVs may be operated
(1) A person may operate a small UAV outside an approved area only if:
(a) where the UAV is operated above 400 feet AGL, the operator has CASA’s approval to do so; and
(b) the UAV stays clear of populous areas.
Note 1: For populous area, see regulation 101.025.
For small UAV, see regulation 101.240.
Note 2: CASA must publish details of the approval of an area (including any conditions) in NOTAM or on an aeronautical chart—see subregulation 101.030(5).
Note 3: For the kinds of UAV operation to which this Subpart does not apply, see regulation 101.235.
101.F Operation of UAVs generally
101.255 Large UAVs—requirement for certificate
(1) A person may operate a large UAV only if either a special certificate of airworthiness (restricted category), or an experimental certificate, has been issued for it under Subpart 21.H of Part 21.
Note 1: For large UAV, see regulation 101.240.
Note 2: A large UAV is required to carry a manufacturer’s data plate and an aircraft registration identification plate—see respectively regulation 21.820 and Subpart 45.D of Part 45.
101.260 Maintenance of large UAVs
(1) Subdivision 2 of Division 2 of Part 4A of CAR 1988 applies to large UAVs.
Note: That is, a large UAV must be maintained as a Class B aircraft.
(2) A person who carries out maintenance on a large UAV must comply with any directions given in writing by CASA in relation to the maintenance of the UAV, or the maintenance of UAVs of a class that includes the UAV.
101.265 Application of s 20AB of the Act to large UAVs
(1) For paragraph 20AB(1)(b) of the Act, a person may act as the controller of a large UAV that is an Australian aircraft if the person is certified as a UAV controller under Division 101.F.3.
Note: For the kinds of UAV operation to which this Subpart does not apply, see regulation 101.235.
(2) For that paragraph, a person may perform any other duty that is essential to the operation of a large UAV that is an Australian aircraft even if the person does not hold the appropriate civil aviation authorisation.
(3) For subsection 20AB(2) of the Act, and despite anything in regulation 42ZC of CAR 1988, a person may carry out maintenance on:
(a) a large UAV that is an Australian aircraft; or
(b) an aircraft component for such a UAV; or
(c) aircraft material for such a UAV; if the person:
(d) holds an airworthiness authority that authorises the maintenance; or
(e) carries out the maintenance under the supervision of a person who holds such an authority.
101.270 Requirement for UAV operator’s certificate
(1) A person may operate a UAV for hire or reward only if the person holds a UAV operator’s certificate that authorises the person to operate the UAV.
101.275 Approval of operation of large UAVs
(1) A person may operate a large UAV only with CASA’s approval.
(1A) A person may apply to CASA, in writing, for approval to operate a large UAV.
Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030.
Note 2: Part 11 deals with applications and decision making.
(1B) Subject to regulation 11.055, CASA must grant the approval if:
(a) the person is certificated as an operator of large UAVs; and
(b) the operation would not contravene any condition of the certification.
Note 1: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:
(a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or
(b) a decision imposing a condition on an approval.
Note 2: For certification as an operator of UAVs, see Division 101.F.4.
(3) Without limiting regulations 11.056 and 11.067, CASA may impose conditions on an approval:
(a) prohibiting the operation of the relevant UAV at night or in conditions other than VMC; or
(b) restricting the extent to which the UAV may be operated at night or in conditions other than VMC; or
(c) requiring the UAV to stay within a specified area, or
(d) requiring the operator to make specified broadcasts.
101.280 UAVs not to be operated over populous areas
(1) In this regulation: certificated UAV means a UAV for which a certificate of airworthiness has been issued.
(2) A person must not operate a UAV that is not a certificated UAV over a populous area at a height less than the height from which, if any of its components fails, it would be able to clear the area.
Note 1: For populous area, see regulation 101.025. For UAV, see regulation 101.240.
Note 2: For the kinds of UAV operation to which this Subpart does not apply, see regulation 101.235.
(3) Without the approval of CASA, a person must not operate a certificated UAV over a populous area at a height less than the height from which, if any of its components fails, it would be able to clear the area.
(4) In considering whether to give an approval under subregulation (3), CASA must take into account:
(a) the degree of redundancy in the UAV’s critical systems; and
(b) any fail-safe design characteristics of the UAV; and
(c) the security of its communications and navigation systems.
(5) Before giving an approval under subregulation (3), CASA must be satisfied that the person who intends to operate the UAV will take proper precautions to prevent the proposed flight being dangerous to people and property.
101.285 Use of aeronautical radio
(1) A person may control a UAV in controlled airspace only if he or she:
(a) holds an aeronautical radio operator certificate; and
(b) maintains a listening watch on a specified frequency or frequencies; and
(c) makes broadcasts on a specified frequency or frequencies at the specified interval giving the specified information.
Note: This Subpart does not apply to the operation of micro UAVs—see subregulation 101.235(3).
(2) In subregulation (1): specified frequency for particular airspace means a frequency specified from time to time in AIP or by ATC as a frequency for use in the airspace. Specified information for particular airspace means information specified from time to time in AIP or by ATC as information that must be broadcast in the airspace. specified interval for particular airspace means the interval specified from time to time in AIP or by ATC as the interval at which broadcasts must be made while in that airspace.
(3) CASA may direct that a particular person must not control a UAV unless the person:
(a) holds an aeronautical radio operator certificate; and
(b) maintains a listening watch on a frequency or frequencies specified in the direction; and
(c) makes broadcasts:
(i) on a frequency or frequencies; and
(ii) at intervals; and
(iii) giving information— specified in the direction.
(4) The person must comply with the direction.
(5) CASA may direct, in regard to a particular UAV or type of UAV, that a person must not control the UAV, or a UAV of that type, unless he or she:
(a) holds an aeronautical radio operator certificate; and
(b) maintains a listening watch on a frequency or frequencies specified in the direction; and
(c) makes broadcasts:
(i) on a frequency or frequencies; and
(ii) at intervals; and
(iii) giving information— specified in the direction.
(6) The person must comply with the direction.
(7) For subregulations (3) and (5), CASA may specify that a frequency is to be a frequency specified under paragraph 99A(3)(b) of CAR for a particular area or aerodrome.
Division 101.F.3—Certification of UAV controllers
Note: In addition to the provisions of this Division, Part 11 contains provisions relating to an application for certification as a UAV controller.
101.290 Application for certification as UAV controller
(1A) An individual may apply to CASA, in writing, for certification as a UAV controller.
Note: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030.
(1) An application for certification as a UAV controller must include the following information:
(a) details of any flight crew licence, air traffic control licence or flight service licence that the applicant holds (including details of ratings, endorsements and qualifications);
(b) details of any aeronautical experience that the applicant has;
(c) details of any aviation theory examinations the applicant has passed (other than any examination passed in the course of gaining a licence mentioned in paragraph (a));
(d) if the applicant does not hold a licence mentioned in paragraph (a), details of any aeronautical radio operator certificate that the applicant holds;
(e) details of the applicant’s experience in operating UAVs;
(f) evidence of the completion of any training course in UAV operation that the applicant has undertaken.
101.295 Eligibility for certification as UAV controller
(2) Subject to regulation 11.055, CASA must certify an applicant as a UAV controller if he or she:
(a) qualifies for the issue of an aeronautical radio operator certificate; and
(b) has been awarded a pass in an aviation licence theory examination (other than a flight radio operator’s examination); and
(c) has been awarded a pass in an instrument rating theory examination; and
(d) has completed a training course in the operation of the type of UAV that he or she proposes to operate, conducted by the UAV’s manufacturer; and
(e) has at least 5 hours experience in operating UAVs outside controlled airspace.
Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:
(a) a decision refusing to grant, or cancelling, suspending or varying, a certificate; or
(b) a decision imposing a condition on a certificate. See also section 31 of the Act.
(3) A person who holds or has held:
(a) a flight crew licence with an instrument rating; or
(b) a military qualification equivalent to a licence and rating mentioned in paragraph (a); or
(c) an air traffic control licence, or a military qualification equivalent to an air traffic control licence; is taken to satisfy the conditions in paragraphs (2)(a), (b) and (c).
101.300 Conditions on certification as UAV controller
(2) Without limiting regulations 11.056 and 11.067, a condition may:
(a) allow the person to control UAVs of only specified kinds; or
(b) limit the areas where he or she may control UAVs; or
(c) allow him or her to control UAVs only in VMC.
(3) It is a condition of a UAV controller’s certification that he or she must not operate a UAV in controlled airspace unless he or she holds an aeronautical radio operator certificate.
101.315 Notice to certified UAV controller to show cause
(1) CASA may give a show cause notice to a certified UAV controller if there are reasonable grounds for believing that there are facts or circumstances that would justify the cancellation of the certification under regulation 101.320.
(2) A show cause notice must:
(a) tell the controller of the facts and circumstances that, in CASA’s opinion, would justify the cancellation of the certification under regulation 101.320; and
(b) invite the controller to show in writing, within a reasonable time stated in the notice, why the certification should not be cancelled.
(3) A show cause notice may state that the certification is suspended if CASA reasonably considers that there may be a serious risk to the safety of air navigation if the certification were not suspended.
(4) If a show cause notice states that the certification is suspended, the certification is suspended from when the notice is given to the holder.
(5) CASA may at any time revoke the suspension.
(6) If the approval is suspended and CASA has not dealt with it under regulation 101.320 within 90 days after the day it is suspended, the suspension lapses at the end of that period.
Note: Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal. 101.320 Cancellation of UAV controller’s certification
(1) CASA may cancel a certified UAV controller’s certification by written notice to the controller, if:
(a) CASA has given to the controller a show cause notice under regulation 101.315 in relation to it; and
(b) CASA has taken into account any representations made, within the period stated in the notice, by or on behalf of the controller; and
(c) there are reasonable grounds for believing that the controller:
(i) has operated a UAV in contravention of these Regulations or of a condition of the certification; or
(ii) has operated the UAV negligently or carelessly; or
(iii) in operating the UAV, has recklessly endangered human life or property.
(2) If CASA has given a show cause notice under regulation 101.315 to a certified UAV controller, and it decides not to cancel the approval, it:
(a) must tell the controller in writing of the decision; and
(b) must, if the controller’s certification is suspended under that regulation, revoke the suspension.
Note: Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.
Division 101.F.4—Certification of UAV operators
Note: In addition to the provisions of this Division, Part 11 contains provisions relating to an application for certification as a UAV operator. 101.330 Application for certification as UAV operator
(1A) A person may apply to CASA, in writing, for certification as a UAV operator.
Note: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030.
(1) An application for certification as a UAV operator must include:
(a) details of:
(i) the applicant’s structure and organisation; and
(ii) its staff and their qualifications and experience
(including, in particular, the names, qualifications, experience, duties and functions of the persons who are to be the applicant’s chief UAV controller and maintenance controller); and
(iii) its facilities and equipment; and
(iv) its practices and procedures; and
(b) a general description of the proposed operations, including the type or types of UAV to be used.
(2) The application must be accompanied by a copy of each of the applicant’s manuals relevant to the operation of UAVs. 101.335 Eligibility for certification as UAV operator
(1A) Subject to regulation 11.055, CASA must certify an applicant as a UAV operator if the applicant is eligible to be certificated as a UAV operator in accordance with this regulation.
Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:
(a) a decision refusing to grant, or cancelling, suspending or varying, a certificate; or
(b) a decision imposing a condition on a certificate. See also section 31 of the Act.
(1) A person is eligible to be certificated as a UAV operator if:
(a) the person has an organisation and structure that is appropriate for safe operation of UAVs; and
(b) the person has enough qualified and experienced personnel to undertake the proposed operations safely; and
(c) the person has facilities and equipment appropriate to carry out the proposed operations using UAVs of the type to be used; and
(d) the person has suitable practices and procedures to do so; and
(e) if necessary, the flight crew are certified as UAV controllers and hold aeronautical radio operator certificates; and
(f) the person has nominated suitable persons to be its chief UAV controller and maintenance controller.
(2) A body that is not a legal person is not eligible to be certified as a UAV operator.
(3) Two or more persons cannot be certified jointly as a UAV operator.
101.340 Conditions on certification
(1) It is a condition of the certification of a person as a UAV operator that the person:
(a) maintains within its organisation a position of chief UAV controller having at least the functions and duties of a chief controller set out in Annex 3 of Advisory Circular 101.1, as issued by CASA from time to time; and
(b) employs as its chief UAV controller a person who is certified as a UAV controller and who is competent to carry out those duties and perform those functions; and
(c) either:
(i) maintains a position within its organisation of maintenance controller, with the functions and duties set out in that Annex; or
(ii) has an arrangement with another qualified and competent person to carry out those functions and duties; and
(d) if it maintains within its organisation a position of maintenance controller—employs as its maintenance controller a person who is competent to carry out the duties and perform the functions of a maintenance controller.
(2) If the UAV operator operates more than 1 UAV, the chief UAV controller must carry out the duties and functions of a chief UAV controller on a full-time basis.
(4) Without limiting regulations 11.056 and 11.067, a condition may:
(a) allow the person to operate UAVs of only specified kinds; or
(b) allow the person to operate UAVs only for specified purposes; or
(c) limit the areas where the person may operate UAVs; or
(d) allow the person to operate UAVs only in VMC.
101.360 Notice to certified UAV operator to show cause
(1) CASA may give a show cause notice to a certified UAV operator if there are reasonable grounds for believing that there are facts or circumstances that would justify the cancellation of the approval under regulation 101.365.
(2) A show cause notice must:
(a) tell the holder of the facts and circumstances that, in CASA’s opinion, would justify the cancellation of the certification under regulation 101.320; and
(b) invite the operator to show in writing, within a reasonable time stated in the notice, why the certification should not be cancelled.
(3) A show cause notice may state that the certification is suspended if CASA reasonably considers that there may be a serious risk to the safety of air navigation if the approval were not suspended.
(4) If a show cause notice states that the certification is suspended, the certification is suspended from when the notice is given to the holder.
(5) CASA may at any time revoke the suspension.
(6) If the approval is suspended and CASA has not dealt with it under regulation 101.320 within 90 days after the day it is suspended, the suspension lapses at the end of that period.
Note: Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.
101.365 Cancellation of UAV operator’s certification
(1) CASA may cancel a certified UAV operator’s certification by written notice to the operator, if:
(a) CASA has given to the operator a show cause notice under regulation 101.315 in relation to it; and
(b) CASA has taken into account any representations made, within the period stated in the notice, by or on behalf of the operator; and
(c) there are reasonable grounds for believing that:
(i) the operator has operated a UAV in contravention of these Regulations or of a condition of the certification; or
(ii) an employee of the operator has operated a UAV negligently or carelessly; or
(iii) an employee of the operator, in operating a UAV, has recklessly endangered human life or property.
(2) If CASA has given a show cause notice under regulation 101.315 to a certified UAV operator, and it decides not to cancel the approval, it:
(a) must tell the operator in writing of the decision; and
(b) must, if the operator’s certification is suspended under that regulation, revoke the suspension.
Note: Regulation 201.004 provides for review.
