Every paragraph, as the regulation words it
The regulation opens: “An RPA is operated in standard RPA operating conditions if, at all times during the operation:” What follows is the whole list, in the regulation’s own words and order.
- (aa)
“the RPA is operated in Australian territory; and”
- (a)
“the RPA is operated within the visual line of sight of the person operating the RPA; and”
Leaving it: beyond visual line of sight (WP2)
- (b)
“the RPA is operated at or below 400 ft AGL by day; and”
Leaving “by day”: flying at night (WP4)
- (c)
“the RPA is not operated within 30 m of a person who is not directly associated with the operation of the RPA; and”
- (d)
“the RPA is not operated:”
- (i) “in a prohibited area; or”
- (ii) “in a restricted area that is classified as RA3; or”
- (iii) “in a restricted area that is classified as RA2 or RA1 otherwise than in accordance with regulation 101.065; or”
- (iv) “over a populous area; or”
- (v) “within 3 nautical miles of the movement area of a controlled aerodrome; and”
Leaving (d)(v): flying near airports (WP3)
- (e)
“the RPA is not operated over an area where a fire, police or other public safety or emergency operation is being conducted without the approval of a person in charge of the operation; and”
- (f)
“the person operating the RPA operates only that RPA.”
Two words carry a lot of weight. “At all times” means one moment outside any paragraph takes the whole operation outside the standard conditions. And paragraph (d)(v) measures its 3 nautical miles from the movement area of a controlled aerodrome, which is not the same starting point as the Manual of Standards’ no-fly zone around a runway; the airports guide sets the two side by side.
Why the conditions decide which drone flights are “excluded”
Regulation 101.237 sets out what an excluded RPA is, and a note to it says: “A remote pilot licence is not required to operate an excluded RPA. An accreditation is sufficient”. Each kind of excluded RPA is tied to a set of facts, and all but one of them include flying in standard RPA operating conditions:
- r 101.237(3)
- A very small RPA, “if it is being operated in standard RPA operating conditions”.
- r 101.237(4) and (7)
- A small RPA, or a medium RPA flown by a remote pilot licence holder licensed for it, flown by or for its owner over land the owner owns or occupies, in standard RPA operating conditions, for listed purposes such as aerial photography, and with no remuneration received by the people the regulation names.
- r 101.237(6)
- A small RPA flown in standard RPA operating conditions only to gain the experience needed for a remote pilot licence, or by a licence holder only to gain experience and competency in a category of RPA their licence specifies.
- r 101.237(8)
- An RPA flown only for training from a certified RPA operator authorised to use it, under that operator’s documented training procedures. This one does not mention the standard conditions.
So a survey flight that goes beyond the pilot’s visual line of sight, flies at night or comes within 3 nautical miles of a controlled aerodrome’s movement area cannot rest on the first three of those cases. Registration, weight categories and the operator’s certificate are set out on CASA’s drone pages.
Thirty metres, as an offence of its own
Paragraph (c) has a matching offence. Under r 101.245, no one may operate an RPA within 30 metres of someone who is not directly associated with its operation. The maximum penalty is 10 penalty units, and it is an offence of strict liability. The regulation lists four exceptions, and these are all of them:
- the other person is standing behind the RPA while it takes off (r 101.245(2));
- the RPA is a very small, small or medium RPA, the other person has consented to it operating within 30 m, and it comes no closer than 15 m (r 101.245(3));
- the RPA is an airship that comes no closer than 10 m horizontally and 30 ft vertically (r 101.245(4));
- the person holds a r 101.029 approval for the purposes of r 101.245(5).
Commonwealth penalties like this are set in penalty units, whose value the Crimes Act 1914 prescribes; it rose from $330 to $364 on 1 July 2026.
The three departures a survey flight is most likely to need
| Paragraph | The regulation’s line | Where the permission sits |
|---|---|---|
| (a) | Within the visual line of sight of the person operating the RPA | A CASA approval under r 101.029 to fly beyond visual line of sight: WP2 |
| (b) | At or below 400 ft AGL by day | For night flight, another Part 101 provision, an air traffic control direction, or a r 101.029 approval for the purposes of r 101.095(1A): WP4 |
| (d)(v) | Not within 3 nautical miles of the movement area of a controlled aerodrome | Among the cases the Manual of Standards’ Chapter 4 allows, an area approved under r 101.030 or a permission under r 101.075: WP3 |
The flight is one half of a drone survey. Who may carry out a survey of the land is a question for the surveyors’ Acts, set out for five states and territories in the surveyor (WP5).
Back to all five waypoints · Next: beyond visual line of sight