Obtaining CASA ReOC (Australia) - needs answers to questions

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Part of the final assessment of my ReOC application is to answer the following - any advice or suggestions to assist would be appreciated:

What publication provides references to the regulatory requirements for Unmanned Aerial Vehicles? What part of this publication is pertinent to Unmanned Aerial and Rockets?

With the attached picture, what regulation or regulations has this picture made an offence to? Your answer needs to include regulation number and heading.

drone beach.jpg

Answer to part 1, I believe is the publication is the "Civil Aviation Safety Regulations - 1998" and the part of this publication that is pertinent is the CASR Part 101 - Unmanned aircraft and rockets - Yes / No??

Answer to part 2, There are at least two breaches here as far as I can tell...

Breach 1) CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.280 All RPA are not to be operated over populous areas.

This type of drone, a quadcopter poses a risk to life or safety of any person or property should it suffer any form of failure or loss of control.

(1) In this regulation:
certificated RPA means an RPA for which a certificate of airworthiness has been issued.
(2) A person must not operate an RPA that is not a certificated RPA 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 RPA , see regulation 101.240.
Note 2: For the kinds of RPA operation to which this Subpart applies, see regulation 101.235.
(3) Without the approval of CASA, a person must not operate a certificated RPA 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 RPA's critical systems; and
(b) any fail-safe design characteristics of the RPA; 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 RPA will take proper precautions to prevent the proposed flight being dangerous to people and property.

For this part, an area is deemed a populous area as defined CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.025 - Meaning of 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 (This regulation can apply even when there is only one person in the area at risk).

Breach 2) CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.245 Operation near people

Operation near people
(1) Subject to subregulations (2) and (3), a person must not operate an RPA within 30 metres of a person (the second person ) who is not directly associated with the operation of the RPA.
(2) Subregulation (1) does not apply if the second person is standing behind the RPA while the RPA is taking off.
(3) Subregulation (1) does not apply if:
(a) the RPA is a very small RPA, small RPA or medium RPA; and
(b) the second person has consented to the RPA operating within 30 m of him or her; and
(c) the RPA is operated no closer than 15 m of him or her.
(4) Subregulation (1) does not apply if:
(a) the RPA is an airship; and
(b) the airship approaches no closer to the second person than 10 m horizontally and 30 ft vertically.
(5) Subregulation (1) does not apply if the person holds an approval under regulation 101.029 for the purposes of this subregulation.
 

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