Drones are now routinely used across Australian industries, including property, construction, surveying, agriculture, events, media and infrastructure inspection. They can reduce costs, improve access to difficult locations and produce valuable footage and data.
However, operating a drone is not simply a matter of purchasing the equipment and sending it into the air. Australian aviation rules regulate where, when and how drones may be flown. Additional privacy, surveillance, council and property laws may also apply.
A flight that appears harmless can result in a complaint, infringement notice or regulatory investigation if the operator has not properly considered the applicable rules.
Who regulates drones in Australia?
The Civil Aviation Safety Authority, commonly known as CASA, is the principal regulator of drone safety in Australian airspace.
The rules apply to recreational pilots as well as people using drones for work or business. Commercial operations may also involve registration, operator accreditation, licensing or specific approvals, depending on the drone, the type of operation and the circumstances of the flight.
Businesses should not assume that engaging an external operator transfers every compliance risk to that contractor. Before commissioning drone work, a business should verify that the operator has the necessary registrations, qualifications, approvals and insurance.
Common drone safety rules
Although the precise requirements depend on the operation, the general safety framework includes rules about:
- maximum flying height;
- maintaining visual line of sight;
- operating only during daylight and in suitable visibility;
- keeping a safe distance from people;
- avoiding populous areas and crowds;
- not creating a hazard to aircraft, people or property;
- operating near airports and controlled airspace;
- avoiding emergency operations; and
- flying only one drone at a time.
CASA currently states that recreational operators must not fly higher than 120 metres above ground level and must generally keep their drones at least 30 metres away from other people.
Operators should use a CASA-verified drone safety application and check current restrictions before each flight. Airspace conditions and temporary restrictions can change, particularly near airports, public events, emergency operations and sensitive infrastructure.
What penalties can apply?
CASA can respond to alleged breaches in several ways.
For less serious matters, this may involve education, a warning or an infringement notice. CASA states that infringement fines of up to $1,650 may be issued for each offence. If a matter proceeds to court, substantially greater penalties may be available.
More serious conduct can lead to regulatory action affecting an operator’s accreditation, licence, certificate or approval. In particularly serious circumstances, civil penalty proceedings or criminal prosecution may follow.
A single flight can potentially involve several alleged breaches. For example, an operator might fly too close to people, above the permitted height and within restricted airspace during the same operation.
Anyone who receives a notice should carefully consider the allegations and any response deadline. Parke Lawyers has published further guidance about drone fines and legal advice in Australia, including steps to take after receiving a CASA notice or complaint.
Privacy and surveillance issues
Compliance with CASA’s aviation rules does not necessarily make every use of a drone lawful.
Drone footage may capture neighbouring properties, private activities, conversations, vehicle registrations or identifiable individuals. Depending on the jurisdiction and the way the footage is collected or used, this may raise issues under privacy, surveillance devices, harassment, nuisance or other laws.
This risk is particularly relevant for real estate photography, construction inspections, events and commercial filming. A wide aerial image can capture much more than the intended subject.
Operators should plan flights carefully, minimise unnecessary recording and obtain appropriate consent where identifiable people or private areas may be filmed.
Council and land-management restrictions
CASA regulates aviation safety, but other authorities can regulate activities on the land from which a drone takes off or lands.
Councils, parks authorities, venue operators and event organisers may prohibit or restrict drone operations on land under their control. National parks, conservation areas, beaches, sporting grounds and major events may have separate permit systems or local restrictions.
A flight may therefore comply with federal aviation rules but still breach a council rule, park condition or landowner requirement.
What should you do after receiving a notice?
A person or business receiving a CASA infringement, request for information, council complaint or police enquiry should act promptly.
Important initial steps include:
- Read the notice carefully and record every deadline.
- Preserve flight logs, original footage, photographs and equipment records.
- Keep copies of relevant approvals, registrations and operator credentials.
- Avoid deleting or editing evidence.
- Do not make speculative admissions in emails, social media posts or informal communications.
- Notify any relevant insurer.
- Obtain advice before paying an infringement or providing a detailed response.
Paying an infringement may amount to accepting the alleged contravention. That may have consequences for repeat conduct, commercial operations, insurance and related disputes.
Where allegations are significant, disputed or capable of affecting a commercial operator’s licence or reputation, early advice is preferable to seeking assistance after a deadline has expired or an admission has been made. Businesses can seek assistance through Parke Lawyers’ criminal and traffic law practice.
Reducing the risk before take-off
Businesses using drones should adopt a documented pre-flight process. This should include checking the operator’s credentials, current airspace restrictions, landowner permission, insurance and the proposed treatment of recorded footage.
Contracts with external operators should also allocate responsibility for approvals, regulatory compliance, privacy, data security, property damage and insurance.
Drones can provide significant commercial benefits, but those benefits should be supported by proper planning and compliance. A few minutes spent checking the applicable rules before take-off can prevent an expensive regulatory or legal problem later.
This article provides general information only and is not legal advice. The applicable rules and penalties may change, and operators should check current CASA requirements and obtain advice appropriate to their circumstances.