An Introduction to Drones in Australia
Understanding drones and drone laws is important in Australia because you are required by law to stay out of local restricted airspace. There are things you need to know about the International Harmonised Adoption of Adult Licensing (IHAL) that affects you directly in addition to the direction of the National Transport Commission (NTC) for the developing of standards for national laws for operating drones. There are also additional Australian drone laws that apply when flying drones commercially or beyond visual line of sight (BVLOS).
The Australian government regulates air traffic in Australia through the Civil Aviation Safety Authority (CASA), which is responsible for the National Air Traffic Services. The Laws are published in Civil Aviation Safety Regulations 1998 (CASA 1998) – which you will need to know especially if you are a business using drones to film properties professionally. It is hard to find the drone laws on the National Drone Navigators website but for your reference, here is the link to Civil Aviation Safety Regulation 91 . 375: Unmanned aircraft operations at night. To get you started, here is a brief overview of the drone laws: The operators of drones that weigh less than 2kg may fly their drone in controlled airspace up to 120m (400ft) above ground level without permission, as long as it’s not over populated areas. Above 2kg would require a license and permits for low level airspace. Additionally, pilots must ensure they stay 30m from a person not related the operation, or in close proximity rural areas. Pilots must be licensed and offer CASA proof of flight records for drones over 100g for commercial applications. While the drone laws exist at a national level, drone laws also exist at a state, territory and local government level so you will want to do all your research. Sometimes it’s hard to get accurate information, but the National Drone Navigators website does hold some useful information to get you getting before you commence your research.
Rules for Flying Drones for Fun
The Civil Aviation Safety Authority (CASA) is Australia’s national authority on aircraft safety. As such, it has created a number of rules to govern the use of drones in Australian airspace. From the beginning, it must be noted that the rules are slightly different for commercial and recreational drone use. These rules are for recreational drone pilots.
CASA’s Rules
At the outset, it must be noted that CASA’s restrictions apply regardless of the drone’s weight, i.e. whether it is a toy or not.
Standard above ground restrictions
Above ground restrictions that apply to all drones regard height, the prohibition on flying over people and property, and the prohibition on flying at night. The following rules need to be followed:
Other restrictions
Drone restrictions also apply to locations. Drones must never be flown within 5.5 km of a controlled airport, or 30 minutes and up to 120km away from a controlled airport. In addition, drone restrictions apply to other areas, including:
Registration
CASA requires that recreational drone pilots register their drones unless the drone meets all of the following factors:
While not specifically required by CASA, it is important to be able to prove that you have registered your drone. As such, before you fly your drone, take a screenshot or photograph of the registration screen for your records.
Commercial Drone Operation in Australia
Any business or individual wishing to operate a drone for commercial purposes is required to adhere to a separate set of rules that govern ‘Remotely Piloted Aircraft’ (RPA), as outlined in Civil Aviation Safety Regulations 1998 (CASR) Part 101. The specific requirements depend on the scope and complexity of the proposed operations.
It is necessary to obtain a Remote Pilot Licence (RePL) if a RPA; (a) has a weight greater than 2kg; or (b) is to be operated at or above 400ft above ground level at any time during the operation. For flights involving RPAs under 2kg, an Excluded RPA Operator’s Certificate (ReOC) must be obtained from CASA if a RPA is to be operated over 100m horizontally from any part of a building, aircraft or structure. All other drone operations for various purposes (including scenic tours, real estate and any other commercial service) require an ReOC to be obtained from CASA. This involves working with a qualified CASA testing officer to develop an Operations Manual that is specific to the operations and technology proposed. This document will outline the proposed operational parameters, a risk assessment, and the requisite checklists and protocols to be followed in various situations. If satisfactory, the proposed manual will be issued an individual ReOC. While all ReOC holders require an RePL, this need not be the same person who is drafting the manual.
Drone Legislation by Region
In addition to the national framework, each state and territory has its own unique set of rules and regulations for drone pilot and drone operations. In general, the requirements in each jurisdiction are on the whole similar to the federal legislation, however there are some key differences and additional restrictions that drone pilots need to be aware of.
Victoria
The Victorian Legislation and Transport Acts
Section 62A(1) of the Transport Act prohibits placing and maintaining anything in a position that obstructs the safety, convenience or passage of people or traffic on a highway. A highway can be a freeway, arterial road, local road, track or byway.
The Road Safety Road Rules 2009 (Vic) regulates the placement of objects on roadways and the consequences for failure to comply.
Penalties:
• On-the-spot fine of $136 (under $2,000 on conviction) for private individuals
• Release of goods subject to seizure on the spot (may be pursued through civil claim against the person responsible for the contravention)
• An offence punishable up to three months jail or a fine of 20 penalty units (over $3,000) will apply for displaying an advertisement on a freeway
Queensland
The Queensland Legislation and Transport Acts
Traditionally, permissions to fly drones in the Acton Reserve, Brisbane Central Park, grounds of the Brisbane City Hall and King George Square needed to be sought and approval granted through the Office of Live Sites Brisbane City.
Western Australia
The Western Australia Legislation and Transport Acts
Yanchep National Park – Also requires submission of Activities Application to the Department of Parks and Wildlife and consultation with Parks and Wildlife Services required prior to the enactment of ‘any waterway’ permission to fly a drone.
Tasmania
The Tasmanian Legislation and Transport Acts
Specific activities tourism permits may also be required to use a drone on the Tasmanian Wilderness World Heritage Area.
New South Wales
The NSW Legislation and Transport Acts
National Parks Regulation 2009 prohibits actions relating to National Parks without the prior written consent of the relevant authority.
Offences and penalties range from a fine of 10 penalty units and/or 5 penalty units per day , through to $55,000 and/or 60 penalty units per day under offences against the National Parks and Wildlife Act 1979.
An addition prohibition on flying drones in the vicinity of the Bondi Sea Life Zoo has been placed on drones in NSW.
South Australia
The South Australia Legislation and Transport Acts
There is no specific legislation regarding the operation of drones in South Australia.
Australian Capital Territory
The ACT Legislation and Transport Acts
Certain specific regions require permission to fly drone, including:
• Lake Burley Griffin – Permission Required
• Mount Ainslie Lookout – Permission Required
• Parliament House – Permission Required
• High Court of Australia – Permission Required
• Broad arrow Precinct ACT – Permission Required
• The Australian War Memorial – Permission Required
• The National Gallery Canberra – Permission Required
• The Australian Institute of Sport – Permission Required
• The National Portrait Gallery – Permission Required
• Cockington Green – Permission Required
• Yarralumla Nursery – Permission Required
• Government House – Permission Required
• The Australian National Botanic Gardens – Permission Required
• The National Arboretum – Permission Required
• The Old Bus Depot markets – Permission Required
Consequences of Breaking Drone Regulations
The penalties for breaching drone laws in Australia are becoming increasingly severe. The reason for the penalties and heightened enforcement is not explicitly stated by CASA but they must amount to an increased public safety risk. The potential penalty under section 9.3 of the Aviation Act 1988 (Cth) is $10,000.00 for "a natural person" which means one individual person (including businesses/companies who are also natural persons for the purposes of the legislation).
Section 9.3 provides the court with discretion on the amount of the fine and reads as follows:
A natural person who is guilty of an offence against this Act that is punishable by a fine of $10,000.00 is punishable, upon conviction by the court, by a fine of not more than that amount or such lesser amount as is prescribed by the regulations, or such lesser amount as is fixed by the court.
In short, if you breach the drone laws in Australia you may be fined up to $10,00.00 for the particular breach (if convicted). In practice the fines imposed are somewhat less but can still represent a large sum of money. As I am writing this, there is an independent YouTube channel in Australia called the Drone Police which constantly films drone users in control areas on Captain Cook Drive at La Perouse to monitor their compliance with the drone regulations. It is becoming apparent that CASA are collecting evidence from the YouTube channel and bringing prosecutions against the drone users caught in contravention of the law.
Examples of common breaches and attached fines are:
CASA are clearly serious about catching people who fly their drone in breach of the rules and punishing them to the full extent of the law.
Upcoming Changes to Drone Rules
Legislation relating to drones is continuing to evolve. There are limits on the types of drones that can be operated and conditions that must be followed when operating. The current rules can be found here.
The Civil Aviation Safety Authority (CASA) has accepted that the drone code is now out of date, particularly in relation to allowable weight restrictions. As such CASA is proposing some legislative changes. There are three proposed changes that we will discuss later in this article.
At present, CASA is engaged in a broad consultation process as to how best to assess the risks of drone operation. The results of the consultation will inform how CASA treats a number of operational matters including pilot licensing, registration and airworthiness requirements.
CASA also acknowledges that the drone code cannot keep pace with the pace of technology to which drone systems will evolve. In particular, advances in drone systems means that it is possible that in the future, drones will have the ability to be operated just about anywhere. This could lead to robots of all shapes and size autonomously air lugging items (such as books or lunch) to kids at school. In this situation, CASA may be called upon to regulate the air lugging rules and make these rules apply according to time and place of delivery and weight of item delivered .
There are three proposed changes to the law: additional weight, insurance and increased operational flexibility. Although CASA intends to consult more broadly, opportunities to make submissions on the proposed changes were made available to the industry for a month in December this year. These changes are intended to come into effect later in 2018.
Additional Weight – Increase the weight limit of the Small Remotely Piloted Aircraft (SRPA) to allow for aircraft weighing up to 25 kg to be lawfully operated by the holder of an accredited RPA operator’s certificate (ReOC). Without the SRPA certification requirement, aircraft of this size could not be operated by an accredited remote pilot (RePL).
Insurance – Allow ReOC holders to self-insure, and to nominate a business asset as security against liability to third parties, as an alternative to holding public liability insurance.
Operational Flexibility – Grant increased operational flexibility to ReOC holders to operate without the need to follow a standard operating procedure (SOP) or emergency procedure covering a scenario which could reasonably be expected to occur. Where a scenario presents operational risk that cannot be reduced to below the acceptable level through the compliance with an SOP or an emergency procedure, a risk safety case (RSC) is required for the flight to be carried out.