Submissions on the Interim guidelines on EPA use of unmanned aircraft

Clarification required as to when CASA SOPs would apply

1 industry association,

3 corporations,

1 individual

All unmanned aircraft (UA) activities will be carried out in accordance with all applicable Civil Aviation Safety Authority (CASA) legislation. CASA standard operating procedures (SOPs) are the minimum operating conditions that must be complied with, unless a contractor holds a remotely piloted aircraft operators’ certificate (RPAOC) and the operator holds a remote pilot licence (RPL).

EPA will only engage contractors who hold a RPAOC and a RPL, regardless of whether those certifications are technically required by Civil Aviation Safety Regulations. Holders of these certifications are permitted to fly UA outside the standard operating procedures.

CASA SOPs state UAs are not to be operated within 5.5km of a helicopter landing site unless approved by CASA. Many mining operations have helicopter landing sites on their premises

1 industry association,

1 corporation

Only appropriately qualified and experienced contractors will be used for UA activities. Operators will be required to comply with all aviation laws related to UAs.

Concern/disagreement with the use of UA unannounced due to safety and security concerns and site-specific issues that may impact on UA, staff or operations at the site

3 industry associations,

2 corporations

The EPA will use UA overtly where possible and appropriate; e.g. occupiers of the premises would be advised before entry of the premises by UA. This would include occupiers of neighbouring properties that could be affected by the activity (e.g. owners of livestock).

There are certain circumstances where the EPA may consider it appropriate to use UA without notification, or only notifying immediately before the activity starts.

In addition to critical infrastructure (such as power stations), if it is deemed necessary to enter a mining operation without advance notification, the EPA will advise the occupant just prior to starting the UA activity. This is due to potential risks associated with blasting activities.

Insufficient measures to mitigate and manage the safety and operational risks associated with mining operations

1 corporation

Before any UA activity it undertaken, consideration will be given to the extent to which the activity could affect the safety or security of infrastructure or operations at the premises.

Concerns over breaches of privacy

1 industry association,

1 corporation,

2 individuals

The EPA will comply with all relevant legislative requirements relating to UA use including the Privacy and Personal Information Protection Act 1998 and the Surveillance Devices Act 2007.

When undertaking UA activities, the EPA will use measures to minimise the inadvertent capture of personal information.

The EPA will only enter residential premises with the permission of the occupier or a warrant.

Concern for impacts on livestock

2 industry associations,

1 individual

Where UA activity could impact on livestock, including cattle, the EPA will endeavour to notify properties that could be affected by the activity, prior to the activity starting.

Who is liable for loss and damages compensation as a result of UA use (e.g. malfunction of UA or breach of aviation legislation)

1 industry association,

2 corporations

The EPA will ensure that any contractor engaged to undertake UA activities holds appropriate public liability insurance and professional indemnity insurance.

UAs used should be identified as EPA ‘vehicle’

1 industry association,

1 corporation,

1 individual

The identification of UAs being used by the EPA has merit. The EPA is investigating the logistics of whether and how this could be achieved. This may not be straightforward as UAs will be the property of a contractor.

Will UA be used within areas subject to military controlled airspace?

1 corporation,

1 local council

All UA activity will be undertaken in accordance with relevant aviation legislation. This includes requirements pertaining to restricted airspaces, such as obtaining all necessary permissions and area approvals for flight activities.

How will EPA UA activities be affected when operating within vicinity of military airspace?

1 corporation,

1 local council

All UA activity will be undertaken in accordance with relevant aviation legislation. This includes requirements pertaining to restricted airspaces, such as obtaining all necessary permissions and area approvals for flight activities.

Concerns over security if the premises hold defence contracts

1 corporation

Where possible and appropriate, the use of UA will be overt; e.g. occupiers of the premises should be advised before entry of the premises by UA.

Before any UA activity it undertaken, consideration will be given to operations at the premises, including security concerns.

Concern EPA’s log of UA can be requested by public. Access should only be given to licence holders in relation to UA activities undertaken on or around their premises.

1 industry association,

1 corporation

Access to the EPA’s log of UA activity is important as it provides transparency and accountability to the community. Some information will be restricted or generalised; for example, to protect privacy and/or information collected in relation to active investigations.

EPA to take into consideration the approach distances for electricity infrastructure (as prescribed in the under the Energy Network Association ENS NENS 04-2006 National guidelines).

1 corporation

Consideration will be given to the safety of infrastructure prior to any UA activity being undertaken, including approach distances.

The guidelines should detail the relevant sampling methodology to be used by UA

1 industry association,

1 corporation

If the EPA is using UA for sampling in the collection of evidence for an investigation, that evidence must be collected lawfully, and by any relevant approved methods, to enable the EPA to rely on that evidence in court. It is not appropriate to detail those methods in the UA policy itself.

Will UA activities measure stockpiles thereby relieving licensees of their obligations to do so?

1 corporation

There will be no change to licensee monitoring obligations.

Concerns over the handling of data collected by UA, especially if the data is sent to a third party for processing.

1 industry association

The EPA will ensure that any contracted UA operators agree to comply with any chain of custody or expert witness obligations that apply where the activity is part of an investigation. The EPA will also ensure that contractors agree that the EPA will own all intellectual property and copyright in images and data collected by the UA.

Do EPA guidelines on UA activity also apply to Council officers as authorised officers under the Protection of the Environment Operations Act 1997?

1 government organisation

The EPA’s guidelines do not apply to council officers who are authorised officers under the POEO Act. However, Councils may use the EPA’s guidelines as a basis for developing their own guidance documents.

All necessary agencies should be contacted where there is an impact on multiagency or another agency’s operations

2 government organisations

When involved in multi-agency operations (e.g. during an incident response operation) the EPA will contact the operations commander prior to conducting any UA activity to ascertain whether there are other UA already in use. For example, where the EPA is involved in joint operations with the NSW Police, the EPA will seek direction from the officer leading the operation prior to engaging a third-party UA contractor, to ensure the integrity of the investigations being conducted.

Similarly, the EPA will contact the National Parks and Wildlife Service air desk prior to any UA activity on or adjacent to a national park.