By Cam Lucadou-Wells
Casey’s controversial local law on drones may be unenforceable and should be put on hold, according to a council officer’s report.
The report published on 20 February recommends exempting people from the law until 30 June while the council decides whether to retain the law.
The law prohibits people launching or landing drones on or from private property – except with a council permit.
The council’s aim was to address inappropriate drone flying, safety and privacy issues.
The rule came into effect on 1 January, attracting a swarm of criticism from drone flyers and their associations.
Melbourne Drone Flyers group, which represented 1700 Facebook members, presented its concerns to the council this month.
It highlighted that the Civil Aviation Safety Authority already regulated the issue and that it increased red-tape on drone-selling businesses.
Since the law was enacted, Casey has not issued any drone-related infringements, received any complaints nor had any permit applications.
“Officers have adopted an educative approach to the many changes within the local law since its commencement to support the community to comply with these provisions,” its report stated.
Casey’s legal advice found it was likely that a court would find that the local law duplicated CASA’s regulations, according to the report.
“This does not invalidate the Local Law.
“It simply casts doubt on the enforceability of (the local law) in its current form.”
The report was presented at a 20 February council meeting but deferred for discussion at a later date.
