Drone laws will be challenged

By Cam Lucadou-Wells

City of Casey has moved to placate fears that its laws could have a crippling effect on the drone industry.

From 1 January, 2018, a flyer will need a permit to “launch or land a drone on or from any private property” in Casey.

Australian Association for Unmanned Systems (AAUS) president Reece Clothier, who represents 10,000 commercial operators, said that it would lead to unnecessary costs, restrictions and complexity.

Mr Clothier says the law was certain to be tested by drone operators in court. His group had not been consulted on the law, he said.

“If I’m flying my drone over a park and standing in my back yard, would I be breaching the by-laws?

“I’m not standing on public land.”

Casey’s safer communities manager Caroline Bell has since clarified a permit would only be required if the drone leaves private property and the operator wasn’t already CASA qualified and licensed.

The law was intended to protect privacy and safety – and apply only to drones being flown from private property, Ms Bell said.

“(Drones) can still be flown from private property so long as it remains over the own person’s property and does not transgress property boundaries or be flown in other people’s yards.

“Council is not aiming to regulate licenced operators.

“If an operator is CASA qualified and licensed then the local law will have no impact on their operation, business or usage of RPAs (Remotely Piloted Aircraft).”

Mr Clothier has written an objection to the Australian Local Government Association against Casey and City of Ballarat’s proposed drone laws.

They add extra regulation on top of “substantial” safety regulation from Civil Aviation Safety Australia as well as a code-of-conduct for AAUS members, he argues.

“Such bylaws discourage safe and professional drone operators from conducting business, impedes the growth of the sector …

“As a local council I’d be trying to attract this new technology, which has great advantages for the local community.”

He said however CASA’s purview was purely safety matters. It didn’t have authority over privacy or noise concerns – which may be why Casey has stepped into the breach.

“There’s understandably some public apprehension where people don’t know a lot about drones.

“It’s about education as well. Just because a drone is flying nearby doesn’t mean they’re spying on you.”

Phil Dunbabin, of the 1700-strong Melbourne Drone Flyers page on Facebook, also plans to send an open letter to Casey Council opposing the law.

He said there was widespread opposition from drone-flyers to the permit system.

“Our main concern is it’s a blanket ban.”

Casey councillor Damien Rosario said the council would focus on an education campaign to ensure local residents were aware of their responsibilities.

“We want to focus on education rather than enforcement and the use of discretion where appropriate.

“As with any new technology there can be unintended consequences for its use  –  we’re ensuring that our residents’ privacy is protected at all times, without having an impact on licensed commercial operators.”

Cr Rosario said community feedback was welcome. The law would be reviewed in 6-12 months.