[Peetwo]

Estimates AQON update & Drone rule 303 -

Well another turn up for the books, remembering there was a 2nd Supp Estimates hearing, apparently miniscule 4D & Minister 'Pete the pot-plant' Nash have prompted M&M and his motley band of minions, to stick to the AQON requested timetable... - Department of Infrastructure and Regional Development

Not too many surprises so far, although it does appear that CASA & ASA are ducking for cover, while attempting to throw each other under the bus, on Sir A & Harfwit's attempt to save (accelerate me) the ever diminishing OSTF (OneSKY trough fund). More on this ATP funded cluster-duck on the ASA boards very soon..

Example: Comardy  AQON141

Senator Xenophon, Nick asked:

Senator XENOPHON: Can you provide details to this committee of the information that has been requested, including any emails, correspondence, notes or other documentation as to the flow of information between CASA and Airservices Australia about this organisational change.

Mr Tiede: We will be able to do that—not right now.

Answer:

Given the scale and complexity in respect of Airservices ‘Accelerate’ programme and the fact that it would be rolled out over a period of time, CASA took the position that it would be preferable to have updated briefings provided at the senior level between CASA and Airservices management on a regular basis.

The types of information requested and provided includes copies of Airservices Operating Model, Structure and Safety Case Assessment and Reporting (SCARD), charts on the new Airservices structure, safety management accountabilities in Airservices, Airservices IT access issues, and operational and technical staffing matters including at specific Airservices locations.

The Accelerate programme is an integrated activity within Airservices, rather than a stand-alone or parallel activity. As such, CASA’s routine surveillance activities are examining Accelerate components simultaneously with business as usual components. Surveillance includes continuous exchange and review of related documentation.

Structural changes were implemented within CASA in early October to align the CASA structure with the new Air Navigation Service structure implemented by Airservices, placing surveillance responsibility for the air traffic control and air traffic engineering regulations under one CASA team.

Since August 2016, Accelerate-related meetings, briefings and informal discussions have regularly taken place between CASA and Airservices. In some instances, these have been at the narrow level of a specific regulation, in other cases more broadly to facilitate ‘big picture’ understanding. The overview briefings have taken place alongside the standing, quarterly, regulation-specific, CASA/Airservices meetings. CASA was also concerned that during the Accelerate programme full access was able to be maintained by CASA to the relevant sections of Airservices’ IT system to facilitate documentation review.

CASA’s view is that the safety of the programme would be determined as the capability assessments were completed, positions established and staff members allocated, that is, on a rolling and ongoing basis. CASA continues to monitor the safe operation of Airservices during the transition period.

Copies of the key safety documents shared between CASA and Airservices up to 17 October 2016 are provided in the response to 152.

 
Note how the answers get longer, the weasel words increase and they talk in circles. This is classic bureaucratese attempting to totally obfuscate all liability in the answer -   

Next an update to yet another growing and shambolic Fort Fumble induced regulatory cluster-duck...

First from Lexology on part II of their UAV/RPA review:

Rise of the Drones Part 2 - Using drones for commercial purposes






Australia January 25 2017

In a recent article, we outlined the issues to consider when using drones for recreational use, highlighting the case of a Victorian man who used a drone to collect a Bunnings sausage whilst reclining in his backyard pool, risking a $9,000 fine.

In this article we look at the commercial uses of drones and the issues to consider when using drones in the suburbs to deliver pizza, monitor agricultural livestock and crops, or in remote mine sites to survey power lines and pipelines.

What initially began as a novelty toy has slowly turned into a product with serious commercial usage. The concept of having an eye in the sky is no longer just ‘pie in the sky’, as more and more companies take advantage of the high resolution graphics, quality audio and at times high thermal imaging stemming from advances in drone technology.

In addition, the Civil Aviation Safety Authority (CASA) recently stripped away the red tape that had previously imposed higher costs and legal burdens for low risk drones (commonly referred to as remotely piloted aircraft). As from 29 September 2016, commercial operators of very small drones (weighing between 100 grams and 2 kilos) do not require an operator’s certificate or a remote pilot licence.

In a nutshell, the standard drone operating conditions are that the drone:

• must be at least 30 metres away from people (or no closer than 15m with the person’s consent);
  
• must be at least 5.5km away from a controlled airdrome;
  
• must not fly higher than 120 metres (400 feet);
  
• must fly only during the day, and not during night, or into a cloud or bad weather (where visibility cannot be maintained);
  
• must fly within the visual line of site (unless prior approval has been granted);
  
• must not be flown over populated areas (ie beaches, parks and sports ovals);
  
• must not be flown near an area affecting public safety or where emergency operations are under way (ie car crash, police operations, bush fires etc);
  
• only one drone may be operated at a time; and
  
• must not drop or discharge any objects in any manner that may create a hazard for people, property, or other aircraft.
  

In respect of the agricultural industry, amendments have been made to the Agricultural Chemicals Distribution Control Act 1966, which has the effect of allowing drones to be used to spray crops in more difficult areas without the need for a remote pilot licence from CASA.

The effect of such changes has seen drones now used for a wide variety of purposes, such as :

Environmental - analysing vegetation coverage; detailed terrain models and photo mosaics of ground conditions, and erosion monitoring. The Victorian government has been monitoring Koala populations with drones, and this summer used the same technology to provide real time reporting on firefighting operations. Scientists have been using drones to record and map the health of coral populations on the Great Barrier Reef as well as mangrove forests along Darwin’s harbour. Polar oceanographers have been using drones to monitor sea ice changes in the Artic and Antarctica, and monitor populations of artic sea birds.

Mining - surveying power lines and gas pipe lines, where previously helicopters and four wheel drive vehicles were required in remote areas. Drones are also being used to check on ore stockpiles and perform maintenance inspections around plants, as well as geotechnical issues that may have dangers such as dangerous or unstable pit walls.

Agricultural - checking on stock in remote areas, checking fence lines or water troughs, monitoring bushfires and as mentioned above, spraying for crops. Spectral imaging is being used to check crop health to assist with determining fertiliser and irrigation application rates. Near infrared can reveal plants under stress days before those stress signs would normally be visible. Breeding cows and ewes can be checked without the stress and interference associated with four wheel drives and motorbikes.

Commercial – in late 2016, Dominoes successfully delivered its first pizza via a drone in New Zealand as part of its 10 minute target delivery programme. Australia Post has been trialling drones for parcel delivery in rural areas. In Nevada, drones have received approval to deliver bottled water, emergency food and first aid kits to people isolated in emergency situations. A trial for the delivery of medical supplies to remote NSW communities was in place for late 2016.

In deciding to use drones you must ask yourself one of two questions:

• Will I get the drone myself and make sure that I comply with all of the CASA regulations; or
  
• Am I going to use a commercial drone operator (of which there are now many available). In which case, as when entering into any contract you will need to carefully consider the terms and conditions that you agree to. Paying particular attention to what data, images or information you are to receive and for how much.
  

Careful consideration must be given with respect to who owns that data, and ensuring that any of your trade secrets or intellectual property is properly protected so that commercially sensitive material you may have on your land is not leaked to your competitors. Importantly, you may need to consider liability for any accidents or negligence – imagine if a drone flew into a powerline causing a blackout to hundreds of businesses, or injured a pedestrian and the operator didn’t hold sufficient insurance.

When considering using drones for commercial gain and whether to use them yourself, or outsource to specialist contractors, be sure to receive the right legal advice before hand.

For more information or discussion, please contact HopgoodGanim Lawyers.
HopgoodGanim - Ben Ricketts and James Knell

 Finally a slightly more amusing story on drones and the currently inadequate FF ruleset, courtesy Townsville Bulletin... :  

Farmers invoke rule .303
February 1, 2017 12:00am
John Andersen
Green groups will use drones to take photos of suspected illegal land clearing.

SHOTGUNS could be used to shoot green group spy drones out of the sky over North Queensland grazing properties.

Environmental group The Wilderness Society is about to launch a hi-tech operation labelled Sky Scout that will employ drones to take photos of suspected illegal land clearing.

Prominent grazier Graham Elmes said landholders would be worried the drones would stampede their cattle. He said he would not be surprised if graziers used rifles and shotguns to shoot down unmanned aerial surveillance vehicles.

The Wilderness Society is crowdfunding $30,000 to buy and provide operational backup for three drones, one each in Queensland, WA and NSW.

Brisbane-based spokeswoman Gemma Plesman said that with two weeks left to run the crowdfunding campaign was close to its financial target.

She said Queensland was the worst offender when it came to tree clearing.

Ms Plesman said video footage from the drones would be released to politicians and the public. “We want to show the scale of destruction to the community,” she said.

Ms Plesman said the drones would be used to monitor large scale land clearing on properties, some in excess of several thousand square kilometres.

But, given that drones cannot be lawfully flown beyond the operator’s line of sight, the plan has logistical difficulties of its own to overcome.

Craig Newlyn, technical editor of Drone Magazine Australia, said that Civil Aviation Safety Authority laws dictated drones could not be flown beyond visual line of sight.

He said larger drones costing more than $25,000 each had a visual range of about 700m in clear weather. Small drones had a range of between 300m and 400m.

He said drones could be flown longer distances, but only if there were other operators to maintain visual contact.

“The reality of being able to accomplish what they want to achieve will be difficult with a $10,000 drone,” he said.

Mr Elmes, who now lives on a grazing property at Millaa Millaa, on the Atherton Tableland has owned and operated cattle stations in the Cooktown area of Cape York Peninsula.

He said for The Wilderness Society to be successful, its drone operators would have to drive on to the property they were targeting for video and photographic images.

“If they trespass how would they be legally able to distribute those images? I don’t know how they expect to get away with this sort of thing,” he said.

“People could take a shot at them (drones). If you don’t know what it is or what it is doing there, what options do you have?”

Mr Elmes said noise from the drones could easily frighten cattle into stampeding. He said the agitated cattle could smash fences and run until they were exhausted

 


 MTF...P2