Ban drones in the Blue Mountains

January 22, 2019

Australia’s recreational drone safety rules have been around since 2002 and are designed to protect other people in the air and on the ground. Generally, drones must not be flown in a way that creates a hazard to another aircraft, person or property. Fines of up to $10,000 can be imposed for breaches of drone safety regulations.

Recreational use of drones are an intrusion and pose a menace. Advice from Katoomba Police about flying drones is:

‘Local police consider that the Blue Mountains being a popular tourist area and a sensitive conservation area, that it is inappropriate for flying drones anywhere in the Blue Mountains.’

Relevant Authorities in the Blue Mountains

• In Australia, drones are legislated by the Commonwealth Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 (CASR). If you fly a drone you must ensure that it is airworthy, and that it is flown safely and in accordance with the law (CASR Part 101 (PDF 339KB).
• Australian Civil Aviation Safety Authority (CASA) – rules only cover aviation safety. Note that CASA terms drones as Remotely Piloted Aircraft ‘RPA’
• The National Parks and Wildlife Service is part of the Office of Environment and Heritage (New South Wales) is the relevant authority regarding the flying of drones in national parks within New South Wales. It also relies upon CASA’s rules.

CASA Standard Conditions – Flying a Drone for Fun

1. Drone line of sight – You must only fly during the day and keep your drone within visual line-of-sight. This means being able to see the aircraft with your own eyes (rather than through a device) at all times.

2. Drone height – You must not fly your drone higher than 120 metres (400ft) above the ground. (not over the escarpment, because then it is more than 120m vertically above the ground)

3. Away from People – You must keep your drone at least 30 metres away from other people (including buildings, houses, cars). You must not fly over or above people or over populous areas. This includes houses, roads, beaches, parks, events, or sport ovals where there is a game in progress.

4. Away from Emergencies – You must not fly your drone over or near an area affecting public safety or where emergency operations are underway (without prior approval). This could include situations such as a car crash, police operations, a fire and associated firefighting efforts, and search and rescue.

5. Single Drone – You must only fly one drone at a time.

6. Away from Airports and Helipads – If your drone weighs more than 100g, you must keep at least 5.5km away from controlled aerodromes. Flying within 5.5km (line of sight) of a non-controlled aerodrome or helicopter landing site (HLS) is possible, but only if no manned aircraft are operating to or from the aerodrome. If you become aware of manned aircraft operating to or from the aerodrome/HLS, you must manoeuvre away from the aircraft and land as soon as safely possible. Note: There is a helipad at Katoomba Hospital, which is less than 5.5km from Cahills Lookout, so illegal for drone flying.

7. Respect Privacy – You must respect personal privacy. Don’t record or photograph people without their consent—this may breach state laws.

CASA Standard Conditions – Flying a Drone Commercially

1. You Must be Licenced – When flying for money, or any form of economic gain, you may need to be licensed (hold a remote pilot’s licence RePL – through CASA)

2. You must also hold a Certified Operators Certificate (ReOC) through CASA to fly commercially or else work for a certified operator.

3. You Must Obtain CASA Permission – If you have neither (1) or (2) and want to fly a drone (weighing under 2kg) for commercial reasons, CASA may allow you under its ‘excluded’ category, but you need to notify CASA first and then operate within the standard rules.

4. Big Drones – If your drone weighs more than 2kg, you must hold a remote pilot’s licence RePL plus hold a Certified Operators Certificate (ReOC) through CASA or else work for a certified operator.

5. Flying commercially outside the standard conditions – you must hold a remote pilot’s licence RePL plus hold a Certified Operators Certificate (ReOC) through CASA or else work for a certified operator.

Drone App

CASA has teamed up with Drone Complier to produce an easy-to-use smartphone app illustrating where you’re not allowed to fly. It can be downloaded at: https://www.casa.gov.au/droneapp

NSW National Parks Drone Policy

1. An NPWS area manager may grant consent for the recreational use of a drone if:
• it will not annoy or cause risk to visitors, or invade their privacy
• it will not be a nuisance or cause risk to wildlife
• it will not interfere with park-management operations.
You can fly a drone only in the area covered by the consent.

2. Park managers can inform visitors that consent is required to use drones by:
• putting signs at a park entrance or inside the park
• giving visitors a written notice
• speaking to visitors.

3. If you have permission to fly a drone, before you start flying you should check the alerts page of the NPWS visitor website. This page tells you about park closures or fires and floods affecting parks.

Drone users must follow CASA’s rules at all times.

5. It is recommended that any drone user wishing to fly a drone in the Blue Mountains National Park or similar parks first notify the NPWS Office in Blackheath Tel: 4787 8877 (Open daily 9am – 4:30pm)