The ACT Government has jurisdiction over your purpose on government land. It doesn’t have jurisdiction over airspace, that’s purely federal law.
So you could fly into Namadgi or Canberra Nature Park while standing outside it. But of course the federal regulations about height and visual range of drones limit how possible that is in practice.
On Tue, 14 Jul 2020 at 4:46 pm David Rees <> wrote:
I wonder about this, there are lots of vague words here. I would have no doubt that the ACT Government can restrict the operation, landing and taking off of a drone from the ground within the Canberra nature park estate, much like it can regulate the playing
of football or walking a dog etc. However, does it have jurisdiction over the sky above? That to me seems to be a federal responsibility, ie CASA, not the Territory. Could someone fly and operate a drone from a location outside the Canberra Nature Park,
fly over the said park, keeping to CASA rules (line of sight, height limits etc.) and return to the launch location outside? Indeed, that launch location could be in NSW to fly over the ACT. Commonly available drones can now be controlled over kilometers,
have 30 min+ fly time and can fly at 50kph or more....
I say this not to encourage bending of the rules but to suggest the current mishmash is not keeping up. I've had enough experience of working in a government regulatory setting to see regulations written by one lot of public servants clash with another
set of regs from somewhere else, leaving 'joe public' in a complete lurch, they both think they are 'special' but who knows... Joined up thinking is not generally a strong point of Government, esp. when its cross-jurisdictional as it probably is here. The
Courts must love it...
David
On 13/07/2020 10:05 am, David McDonald wrote:
Forwarding an email from someone who is not subscribed to the list - David
Subject
Drones in Canberra nature Parks
From
To
,
,
,
Copy
Date
Today 09:40
Hi COG people,
Alan Ford sent me your email-string regarding the use of drones.
"In consideration of these risks, flying of drones, including taking off and landing, is a prohibited activity within Canberra nature Park. Operation for some purposes, such as conservation research, may be approved through a licence granted under the provisions
of the Nature Conservation Act 2014."
So, it depends on where the drone is flown. Most of the hills around Canberra are included in the Canberra Nature Park, but there are some areas which are not included. Presumably those areas are under CASA rules.
Hope this helps,
Linda
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