Drone and aerial photography rules

Drone operations in Australia are regulated by the Civil Aviation Safety Authority (CASA) under Part 101 of the Civil Aviation Safety Regulations 1998 (Cth). The key division is between recreational and commercial operations, and within both, between weight classes.

Standard operating conditions

CASA publishes 'standard operating conditions' that recreational operators must follow, summarised in CASR Part 101 and CASA's published guidance. Broadly:

• Fly within visual line of sight at all times.
• Only fly in daylight.
• Do not fly higher than 120 metres (400 feet) above ground level.
• Keep at least 30 metres from people not involved in the operation.
• Do not fly over or near emergency operations.
• Only one drone at a time per remote pilot.
• Stay at least 5.5 km from controlled aerodromes.
• Do not fly over populous areas (such as beaches, parks, sporting events).

Sub-2 kg recreational class

Recreational operations of a drone weighing 2 kg or less can be conducted without a remote pilot licence, provided the operator follows the standard operating conditions. CASA introduced an operator accreditation requirement for sub-2 kg recreational use.

Commercial operations

Commercial operations generally require both a remote operator certificate (ReOC) held by the business and a remote pilot licence (RePL) held by the pilot, unless the operation falls within the 'excluded' category for sub-2 kg under specific conditions. The current rules have moved several times. Verify with CASA before assuming a particular condition applies.

What flying drones is NOT exempt from

Following CASR Part 101 does not give immunity from the rest of Australian law. State surveillance device laws can still apply to aerial photography of private acts; privacy obligations under the Privacy Act 1988 (Cth) may apply to APP entities; trespass principles around very low overflights remain unsettled (see Photographing private property article).