Ask LH: What Are The Laws For Flying Drones In Australia?

Drone lawsImage: iStock

Dear Lifehacker, I was wondering what the main laws are on drones in Australia? (i.e. - How high can you fly a drone, how far away are you allowed to be and where is drone activity restricted?) I'm looking to buy one for Christmas and don't want to cop a fine if I can help it. Thanks, Riley

Dear Riley,

Remotely piloted aircraft (RPA) laws were recently relaxed in Australia in direct response to drone use which has exploded at the hobbyist level. It's now easier to fly your drone in public without running afoul of the Civil Aviation Safety Authority. With that said, there are still a few rules you need to be aware of.

Drones weighing 2kg or under do not require a licence or controller’s certificate. This includes the vast majority of drones sold at the consumer level. In addition, drones under 25kg can be flown without licensing or notification requirements if they are used for “sport and recreation”, or if they are flown on private land and used for private aerial photography, spotting, communications or agricultural operations.

There are, however, a few areas you need to steer clear of. Flying is prohibited in controlled airspace, over emergency operations without approval, out of the pilot’s direct line of sight or in an area of “sufficient density of population for some aspect of the operation … to pose an unreasonable risk to the life, safety or property”.

You also need to stay below 400ft (122m) and refrain from flying at night. You're not allowed to fly multiple drones in 'swarms' either and must keep your drone at least 30 metres away from other people. This last one is easier said than done, particularly if you're flying a small drone in a park with people walking around. Thankfully, it's also pretty difficult to enforce - unless you're flying your drone directly in people's faces you should be okay.

You also need to be mindful of how your drone records video. Any device that takes video footage or photos is subject to Australian privacy laws, which vary slightly from state to state. (You can get an overview of each state here.)

The basic gist is as follows: don't use your drone to record conversations without permission and don't shoot footage in places where a reasonable person would expect to be afforded privacy, such as a house window or backyard. If you follow those two rules, your footage should be mostly okay.

Another point to consider is the noise your drone makes: In Australia, domestic noise limitations help to regulate how much residential noise is acceptable at certain times of the day. If it interferes unreasonably with the "comfort or repose" of nearby persons, it may be considered a noise violation.

The exact decibel level that constitutes "too loud" varies from council to council. However, it pays to be considerate regardless as drones are bloody noisy. Keep away from your neighbours and stick to places like parks and football fields where lots of noise is tolerated.

See also: Drones 101: Flying And Photography Tips For Beginners

Cheers Lifehacker

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Comments

    I'm looking to buy one for Christmas ...There seems to be a rather large 'Ask LH' backlog then?

    What are the laws for droning flies In Australia?

    Chris Jager, you should get your facts double checked, the laws as you've stated them are applicable to "Commercial Drones":

    https://www.casa.gov.au/media-release/new-drone-rules-cut-red-tape

    For "Recreational Drones" which is more likely what Riley is talking about the following excerpt from the CASA website are what currently apply:

    "You should only fly in visual line-of-sight, in day visual meteorological conditions (VMC). What does that mean?
    No night flying (generally).
    No flying in or through cloud or fog, and you should.
    Be able to see the aircraft with your own eyes (rather than through first-person-view [FPV, binoculars, telescopes]) at all times, (unless you operate under the procedures of an approved model flying association. Contact the MAAA for more information about flying FPV).
    You must not fly closer than 30 metres to vehicles, boats, buildings or people.
    You must not fly over populous areas such as beaches, heavily populated parks, or sports ovals while they are in use.
    In controlled airspace, which covers most Australian cities, you must not fly higher than 120 metres (400 feet) above the ground.
    You must not fly in a way that creates a hazard to other aircraft, so you should keep at least 5.5 km away from airfields, aerodromes and helicopter landing sites."

    https://www.casa.gov.au/modelaircraft

    ChrisCC, also incorrect, the rules say you must not cause a hazard to any aircraft and as such SUGGEST remaining at least 5.5km from any airport, but this doesn't mean you can't fly within that 5.5km, so long as you do not operate:

    on the approach and departure path, or
    within the movement area, or
    create a hazard to aircraft that may be using those areas.

    If you would like a proper information people this brochure from CASA is much better than the information here:

    https://www.casa.gov.au/file/172036/download?token=CMcZWoBV

    For full details you're best to go read CASA Advisory Circular 101-3:

    https://www.casa.gov.au/files/101c03pdf

    No offence Chris Jager, but I'd highly recommend in future you get these sorts of articles fact checked by someone with experience in the relevant industry before handing out information.

    Last edited 09/02/17 3:38 pm

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