RPAS OPERATORS BE AWARE: NEW NOISE REGULATIONS BECOME ENFORCEABLE ON 1 JULY 2022!
On 1 July 2022, the grace period for enforcement of the revised Air Navigation (Aircraft Noise) Amendment (2021 Measures No. 1) Regulations 2021 that came into effect on 14 December 2021 ends meaning that some RPAS operators can now face heavy penalties for operating without an approval.
The RPAS noise regulations were originally developed by the Department of Infrastructure, Transport, Regional Development and Communications (DITDC) with the aim of achieving consistent processes for measuring noise output, modelling noise impacts and regulation. The overriding purpose of the regulations is to strike an equitable balance between the public’s right to freedom from unreasonable disruption and the loss of benefits to operators.
The primary amendment brought about by the Regulations is that RPAs that are not exempt RPAs are now required to obtain approval under s 16A in order to engage in air navigation: s 6(2A). Operating without an approval when it is required is a strict liability offence subject to a penalty of 20 units: s 6(4).
The requirement to obtain approval for air navigation applies to RPAs over 250g, not operating in standard operating conditions and not operated for one of the four excluded purposes. Approvals can be obtained by making an application to the Secretary of the DITDC. The Secretary is given powers to revoke the approval if RPA is operated in contravention with a condition in the approval or if the operation has a significant noise impact on the public.
Not sure if you require an approval? Fill out a Self-Assessment Application for on the DITDC’s website (https://www.infrastructure.gov.au/infrastructure-transport-vehicles/aviation/emerging-aviation-technologies/managing-drone-noise) which will determine whether you are exempt from requiring an approval, granted an automated approval or required to provide a full application to the department.
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