Leslie Massey
Australia has a set of drone laws that aim to ensure the safety of airspace users and people in proximity to the drone. These laws are governed by the Civil Aviation Safety Authority (CASA) and are based on the Civil Aviation Act, which defines drones as aircraft. The rules for flying drones in Australia include keeping the drone within visual line-of-sight, not flying higher than 120 meters (400 feet) above ground level, maintaining a distance of at least 30 meters from other people, and not flying over populous areas or creating hazards for other aircraft. It is important to note that drone regulations in Australia can change, and users should stay updated on the latest rules and restrictions.
| Characteristics | Values |
|---|---|
| Maximum flying height | 120 m or 400 ft above ground level |
| Minimum distance from people | 30 m |
| Number of drones that can be flown at the same time | 1 |
| Time of day | Daylight hours |
| Areas to avoid | Populous areas, including beaches, parks, events, and sport ovals during games |
| Hazards | Should not create a hazard to another aircraft, person, or property |
| Line of sight | Must be within the visual line of sight, without the use of binoculars, a telescope, or other similar devices |
| Privacy | Respect others' privacy and do not record or photograph people without their consent |
| Weight | If the drone weighs more than 250 g, do not fly within 5.5 km of a controlled airport |
| Airports | Stay clear of the runway approach and departure paths |
| Helicopter landing sites | If within 1.4 km of a helicopter landing site and aware of a helicopter nearby, move your drone away and land it safely |
| Commercial use | Notify the CASA before flying and operate within standard operating conditions; may need a remote pilot's license (RePL) and fly with a certified operator |
| Whale and dolphin watching | Do not fly lower than 300 m and within a 300 m radius of a whale or dolphin without a permit |
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What You'll Learn
No flying near airports or helipads
In Australia, drones are considered "aircraft" as per the Civil Aviation Act. Therefore, all drones are governed by the Civil Aviation Safety Authority (CASA) and must follow the Civil Aviation Safety Regulations (CASR) Part 101.
Drone pilots must adhere to strict rules regarding proximity to airports and helipads. If your drone weighs more than 250 grams, you must not fly within 5.5 kilometres of a controlled airport, which is an airport with a control tower. This restriction also applies to flying within the runway's approach and departure paths. Staying clear of these areas is crucial to avoid any potential hazards with other aircraft.
For drones weighing 250 grams or less, you can fly up to a height of 45 metres within 5.5 kilometres of a controlled airport. However, you must stay outside the airport boundary and refrain from creating hazards for other aircraft. It is important to note that the height of your drone is measured from the point directly beneath it on the ground or water.
When it comes to helipads, or helicopter landing sites (HLS), there are specific regulations in place. You must maintain a distance of at least 1.4 kilometres from a helipad. If you become aware of a helicopter nearby, whether it is flying to or from the HLS or taking off and landing, you are required to move your drone away and land it safely. This ensures that you do not interfere with the helicopter's operations.
Additionally, it is worth noting that drone pilots must always keep their drones within visual line-of-sight. This means being able to see the drone with your own eyes at all times, without the aid of devices like binoculars or a tablet screen. This restriction naturally applies to areas near airports and helipads as well.
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Keep away from people and property
When flying your drone in Australia, you must keep your drone at least 30 metres away from other people and never fly over another person. This rule applies to drones of all sizes, even those weighing 100 grams or less. However, if you are flying a recreational drone indoors, you are not required to follow this rule.
You must also ensure that you do not fly your drone in a populous area. This includes beaches, parks, events, or sports ovals during games. Remember, even one person can make an area populous. If you are flying near a residential area, it is illegal to fly a drone over private property without the written consent of the property owner.
In addition, you must not operate your drone in a way that creates a hazard to another aircraft, person, or property. This means that you should not fly your drone within 3 nautical miles (5.5 kilometres) of the movement area of a controlled aerodrome (an airport with a control tower) or within 3 nautical miles of the movement area of a non-controlled aerodrome (an airport without a control tower) if you are aware of an aircraft using it.
Always keep your drone within your visual line of sight and do not fly through clouds or fog. Respect the privacy of others and do not record or photograph people without their consent.
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Respect personal privacy
When flying a drone in Australia, it is important to respect personal privacy. While drones can be used to capture stunning aerial shots, it is crucial to remember that they can also be seen as intrusive if not operated responsibly.
Firstly, always obtain consent before recording or photographing people. This is not only a matter of respect but also a potential legal issue. In Queensland, for example, it is illegal to record someone without their consent if they are in a private place or engaging in a private act, such as showering, using the toilet, dressing, or engaging in sexual intercourse. Similarly, recording someone in a public place where privacy can reasonably be expected, such as the changing rooms of a public swimming pool, is prohibited. While the Privacy Act 1988 does not apply to individuals operating drones as they are not government agencies, breaching privacy may fall under other state laws.
In addition to consent, be mindful of where you fly your drone. Avoid flying over private property or populated areas, such as beaches, parks, events, or sports fields during games. If you must fly over these areas, ensure your drone remains at least 30 meters away from people and maintain a maximum height of 120 meters above ground level. Remember, just because you can legally fly a drone over private property, it does not mean it is respectful to do so without consent.
Furthermore, be cautious when flying near homes. A drone hovering around someone's windows can be seen as an invasion of privacy and may even be considered trespass if it interferes with their normal enjoyment of their property. While there may be no specific legislation protecting individuals from recreational drones, that does not mean you should take advantage of this loophole. Respect your neighbours' privacy and do not use your drone for unauthorised surveillance.
Lastly, stay informed about drone regulations and privacy laws, as they can change over time. The Civil Aviation Safety Authority (CASA) and the Office of the Australian Information Commissioner (OAIC) are great resources for staying up to date. Remember, just because drones are easily accessible, it does not mean you can disregard people's privacy. Always be mindful and respectful of others when flying your UAV in Australia.
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No flying near whales or dolphins
Australia has strict drone laws in place to ensure the safety of people and property. Drones are considered "aircraft" under Australia's Civil Aviation Act, and all drones are governed by the Civil Aviation Safety Authority (CASA).
When it comes to flying drones near whales and dolphins, there are specific regulations in place to protect these marine mammals. The Australian National Guidelines for Whale and Dolphin Watching recognise that drones, like other aircraft, may cause disruption to whales and dolphins due to their speed, noise, shadow, or downdraft. As such, there are several rules and recommendations to follow when operating a drone near these animals:
- Firstly, a permit is required from the Department of the Environment and Energy (in Commonwealth waters) or the relevant state or territory government (in coastal waters) to operate a drone in close proximity to whales or dolphins.
- Drones must maintain a minimum distance of 300 metres (1000 feet) horizontally and 300 metres (984 feet) vertically from a whale or dolphin.
- Additionally, drones should not approach whales or dolphins head-on.
- It is important to minimise noise when closer than 300 metres to a whale or dolphin, as they have incredibly sensitive hearing.
- Mothers and calves are particularly sensitive to aggressive, erratic, and frantic movements and sounds, so extra care should be taken in these situations.
- All interactions with whales and dolphins should be led by the wants and needs of the animals, respecting their reactionary distance.
- It is illegal to intentionally make sounds to attract whales or dolphins, such as whistling, shouting, or banging on the side of a vessel.
- If a whale or dolphin approaches your drone, take the necessary precautions to avoid a collision and maintain a safe distance.
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No flying in national parks
In South Australia, it is an offence to fly drones over national parks, conservation parks, game reserves, recreation parks, or regional reserves and marine park restricted access zones without a permit. Permits are considered for scientific research and commercial filming only.
In the Northern Territory, you must follow some rules to fly a drone in permitted parks and reserves. You must not annoy or create a hazard to park visitors, disturb wildlife, or interfere with park management operations. You must also follow national flying rules for recreational drones, as outlined by the Civil Aviation Safety Authority.
In addition to the above, it is important to note that drones (no matter the size or use) are considered "aircraft" as per Australia's Civil Aviation Act. The Act defines aircraft as "any machine or craft that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth’s surface". Thus, all drones are governed by the regulations set out by the Civil Aviation Safety Authority (CASA).
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Frequently asked questions
You cannot fly your drone more than 120 meters (400 feet) above ground level unless approved by CASA.
You must keep your drone at least 30 meters away from other people and never fly over or above people.
You must not fly your drone in a populous area. This includes beaches, parks, events, or sports ovals where there is a game in progress. You should also avoid flying near a helicopter landing site or a controlled airport (airports with control towers).
No certification or training is required for people wanting to operate drones for recreational purposes. However, if you intend to fly your drone for work or commercial purposes, you may need a remote pilot license (RePL) or fly in the excluded category.
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