Yes, flying drones over private property in Australia is legal but strictly regulated under CASA and Privacy Act provisions. Operators must avoid trespassing, respect privacy, and comply with airspace restrictions, with penalties up to $11,100 for violations. From 2026, new Remote ID mandates will enhance traceability.
Key Regulations for Flying Drones Over Private Property in Australia
- CASA’s Drone Rules: Under Part 101 of the Civil Aviation Safety Regulations 1998, drones may not operate over private property without the landowner’s consent if the flight height exceeds 120m or interferes with activities. Trespass laws (state-based) may apply if the drone enters airspace below 120m without permission.
- Privacy Act 1988: Capturing images or data of individuals on private property without consent breaches the Privacy Act, enforced by the OAIC. Sensitive data collection (e.g., facial recognition) requires explicit compliance under APP 3.
- Local Council Bylaws: Some councils (e.g., City of Sydney, Melbourne) impose additional restrictions, such as noise limits or designated no-fly zones near residential areas. Operators must verify local ordinances before flight.
Additional restrictions apply in protected airspace (e.g., near airports) under CASA’s Airspace Classification rules. Commercial operators require an RPA Operator’s Certificate, while recreational users must register drones over 250g. Violations risk fines or criminal charges under the Crimes Act 1914 for reckless endangerment.