To Drone or Not To Drone

1 min read
Jump to...

In the last few years, we have seen an ever-increasing number of drones being purchased and used in NSW.

One industry that has increased the use of drones is the real estate industry, with agents always wanting to take that best shot to sell a property. Whenever you search realestate.com.au, there is nearly always a drone shot of the property for sale.

Another industry using drones is event coordination, to get a bird’s eye view of attendees enjoying festivities.

Drones have also overtaken the kite as a gift for our kids. Instead of just holding a piece of string with some plastic at the end, kids can now fly a drone all over the neighbourhood.

The issue is, where does this leave privacy? Are we free to fly drones or are we infringing people’s privacy?

The Australian legal framework has largely failed to keep pace with these changing trends. The Civil Aviation Safety Authority (CASA) regulates drones in terms of aviation safety, but its powers do not extend to other key issues such as privacy and insurance.

Unlike some other States in Australia, New South Wales surveillance laws are relatively comprehensive, regulating the use of listening devices, optical surveillance devices, tracking devices, and data surveillance devices which monitor information to and from a computer.

Unbeknownst to drone users, they may be in breach of the NSW laws because they have failed to take a few moments to think of the wider implications of flying their drone. If flown in the wrong place, the operator of the drone could be in breach of privacy laws, could be charged with stalking, or could even be infringing national security.

Also, local councils have put in place prohibitions against flying drones in public parks and playgrounds. This will vary from Council to Council and it is a good idea to contact your local Council and inquire whether there are any restrictions on flying drones.

Consequently, in New South Wales we need to take a few moments to ensure that we are not breaching any laws or regulations when flying drones, either for personal recreation or in the course of our business.

Loading

Loading

Last Updated on January 30, 2025
Picture of Authored By<br>Raea Khan
Authored By
Raea Khan

Director Lawyer, PBL Law Group

Jump to...

Book a 15-Min Consultation​

Rated 5-Star By Our Clients

Latest insights & Practical Guides

Speak to us Now or Request a Consultation.

We will call you within 24 hours.

How Can Our Expert Lawyers Help?

Strata Law

Property and strata disputes, building defects claims, setting up new Owners Corporations and more…

Construction & Building Law

Construction and building disputes, building defects, delays and claims, debt recovery and more…

International Estate Planning

Cross-border estate planning, international wills and trusts, tax-efficient wealth transfer strategies and more…

Commercial & Business Law

Starting and scaling your business, banking and business financing, bankruptcy and insolvency and more…

Planning & Environment Law

Environment and planning regulation, land and environment court disputes, sub-divisions and more…

Wills & Estates

Creating, updating and contesting wills, estate planning and administration, probate applications and more…

Thank You For Your Request.

We’ve received your consultation request and will contact you within the next 24 hours (excluding weekends).

Google 5-star review: Excellent