There are standard operating conditions for Remotely Piloted Aircraft (RPA) and penalties for breaching them. Those conditions include:
It is an offence to fly an RPA in controlled airspace without complying with the prescribed requirements [reg 101.072, 101.285].
Penalties apply if anything is dropped or discharged from an RPA that creates a hazard to another aircraft, a person or property [reg 101.090].
It is an offence to fly a drone or other remotely piloted aircraft in a South Australian National Park or Reserve without a permit [see National Parks and Wildlife (National Parks) Regulations 2016 reg 12 (3)].
Maximum penalty: $1,000
Expiation fee: $75
National Parks and Wildlife (National Parks) Regulations 2016 reg 42(1).
It is a defence to this charge if :
(a) the defendant proves that he or she acted in response to an emergency; and
(b) the court finds that the action was reasonable in the circumstances.
See reg 42(2).
Permits can be obtained from the Department for Environment and Water, see the South Australian Department for Environment and Water website.
A person must not, without lawful authority, fly a drone or other unmanned aerial vehicle in a forest reserve.
Maximum Penalty: $750
Expiation fee: $105
[Forestry Regulations 2013 (SA) reg 12(2)]
A permit can be obtained via the Forestry SA website, and the Drone Usage Guidelines must be followed.
A person must not, without the permission of the relevant authority, fly a drone or other remotely piloted aircraft over a wilderness protection area or wilderness protection zone.
This is, however, subject to any law of the Commonwealth to the contrary.
Maximum penalty: $1,250
Expiation fee: $100
[Wilderness Protection Regulations 2021 (SA) reg 10].
A person must not operate a remotely piloted aircraft (for example, a drone) within 100 metres of a correctional institution, except with the permission of the Chief Executive. The maximum penalty is $10 000 or two years imprisonment [Correctional Services Act 1982 s 87A]. Section 87B of the same Act outlines special powers that apply regarding seized remotely piloted aircraft (RPA).
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