This section of the Law Handbook focuses on the smaller sizes of drones that are likely to be used by people as a hobby. For those using drones for commercial purposes, see further the Civil Aviation Safety Regulations 1998 (Cth) and the Civil Aviation Authority's website, and seek further advice.
The section covers:
The Civil Aviation Safety Authority regulations refer to drones as Remotely Piloted Aircraft [Civil Aviation Safety Regulations 1998 (Cth)].
A drone is an unmanned aerial vehicle, remotely piloted aircraft, rocket powered unmanned aircraft, Quadcopter, or robot.
Remotely Piloted Aircraft can be flown by remote control or they can fly autonomously (independently) through software-controlled flight plans in their computer systems.
What a person can and can not do with their Remotely Piloted Aircraft (RPA), and what type of licence, if any, they will need will be determined by the weight class of the RPA [Civil Aviation Safety Regulations 1998 (Cth)].
The weight categories are:
See Volume 4, Dictionary Definitions, Civil Aviation Safety Regulations 1998 (Cth).
Some types of RPA can be operated without the need for a remote pilot licence and an operator’s certificate; they are referred to as excluded RPAoperations [reg 101.237].
All other RPA require either a remote pilot licence or an operators certificate or both [reg 101. 252].
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).
Some types of RPA can be operated without the need for a remote pilot licence and an operator’s certificate; they are referred to as ‘excluded RPA’ operations [reg 101.237]. All other RPA require either a remote pilot licence or an operators certificate or both [reg 101. 252 Civil Aviation Safety Regulations 1998 (Cth)].
Micro RPA
This is an excluded RPA. Neither a remote pilot licence nor an operators certificate are needed to fly this aircraft [reg 101.237 (2)] . A micro RPA is subject to all the general regulations regarding RPA operation including the Standard Operating Conditions [reg 101.238].
Very Small RPA
If this RPA is used for sport/ recreational purposes or in accordance with the Standard Operating Conditions [reg 101.238] then neither a remote pilot licence nor an operators certificate are needed to fly this aircraft [reg 101.237 (3)].
This RPA may be flown for commercial gain provided it is flown within the Standard Operating Conditions without the need for either a remote pilot’s licence or an operators certificate. Flying a very small RPA outside of the Standard Operating Conditions for commercial gain will require the operator to hold an operators certificate and the pilot to hold a remote pilots licence.
Small RPA
If this RPA is used for sport/ recreational purposes then neither a remote pilot licence nor an operators certificate are needed to fly this aircraft [reg 101.237 (5)].
Small RPA flown for sport / recreation purposes must comply with the provisions for model aircraft such as being able to see the RPA continuously [reg 101.385], not flying at night without complying with the procedures of an approved aviation administration organisation [reg 101.390], staying away from people and populous areas [reg 101.395]; and flying below 120 metres [ reg 101.400].
Neither a remote pilot licence nor an operators certificate are needed to fly a small RPA on your own land providing the some conditions are met[see further reg 101.237 (4)]. The Civil Aviation Safety Authority must be notified of the intention to conduct an RPA operation and the location.
Limited training and experience exceptions also apply to allowing use without licence or certificate [see further: reg. 101.237 (6)].
Medium RPA
If this RPA is used for sport/ recreational purposes then neither a remote pilot licence nor an operators certificate are needed to fly this aircraft [reg 101.237 (5)].
Medium RPA flown for sport / recreation purposes must comply with the provisions for model aircraft [see reg 101.G].
A remote pilot licence is needed but not an operators certificate to fly a medium RPA providing the following conditions for landholders, but certain conditions apply: [see reg 101.237 (7)].
Limited training and experience exceptions also apply to allowing use without licence or certificate [see further: reg 101.237 (6)].
Large RPA
A large RPA is not an excluded RPA.
To operate it legally you needed a remote pilot licence [reg 101.252]; an operators certificate [reg 101.270]; and a special certificate of airworthiness (restricted category), or an experimental certificate [reg 101.255].
The large RPA has to be maintained as a class B aircraft [reg 101.260,101.265] and is only able to be operated with approval of the Civil Aviation Safety Authority [reg 101.275].
A person operating a Very small Remotely Piloted Aircraft (RPA) for hire or reward:
Small, medium and large RPA being flown for reward are not excluded operations and therefore need an appropriate remote pilots licence and/or operators certificate [reg 101.237].
Penalties for disregarding the Civil Aviation Safety Regulations 1998 (Cth) range from 5 points to 50 points. Each point is currently valued at $275 (at January 2023) resulting in fines of between $1,375 to $13,750 for each breach of the regulations [s 4AA Crimes Act 1914 (Cth)].
Pilots and operators of Remotely Piloted Aircrafts should also be aware that the Civil Aviation Act 1988 (Cth), Aviation Transport Security Act 2004 (Cth) and the aviation security regulations also contain criminal offences for reckless flying or interfering with the safe conduct of air transport. Penalties include up to 2 years imprisonment.
The following regulations make indoor Remotely Piloted Aircraft (RPA) flying difficult:
To report unsafe Remotely Piloted Aircraft flights to the Civil Aviation Safety Authority, complete the on-line unsafe drone operations complaint form to notify CASA of the remotely piloted aircraft (RPA) operations that may have breached civil aviation safety regulations.
Be aware that safety breaches can only be investigated where there is sufficient evidence, such as photos or video recordings of the breach.
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