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Topic
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This involves a 6 story building with 32 units in NSW.
A drone was observed flying near the building.
Upon investigation it was found that a real estate agent and the owner of a unit were standing in the strata’s car park along with another 2 people who were operating the drone..
Apparently the drone was being used for an upcoming sale.
Neither the EC or the OC knew anything about the use of the drone.
When the drone was first noticed it was on a side of the building that was 90 degrees away from the unit that is for sale.
Further some tradesmen who were painting the building could easily have been distracted by this drone.
The Owners have never experienced the use of a drone on the strata before and were never informed that the Owner of the unit intended to use it.
What laws are being involved here and what can the OC do about it ?
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I’m not sure that you can do much about it. See here:
And from the CHOICE site is an extract ….
Special Counsel Matthew Craven of the law firm Corrs Chambers Westgarth, who has researched and written about drone privacy issues:
“I am not aware of any case in Australia where a private individual has successfully taken action against a drone pilot for breaching their privacy, whether under the Privacy Act or under any other law,”
I honestly don’t see how someone flying a drone could be constituted as an offence actually. I suppose that the real estate agent should have asked for permission, but it could just as easily have been a tenant of the building playing with their toys outside the building. How are you going to segregate the differences between the two without having a confrontation between yourself and the “perpetrator”. I don’t think that it really warrants any actions unless someone was actually hurt, but I suppose you could put in a future preventative clause if you’re really worried about it now…
Basic courtesy on the part of the owner and his agent would have led to the strata administration being advised and notice given so that people would have been aware of the presence of the drone and been able to avoid being on view in a state of undress or in other embarrassing circumstances. We are fortunate not to have something like the provisions of the U S Constitution allowing guns to be on hand for the drone to be used as target practice.
This is an area where the statute law has to catch up with technology, with a body of case law to evolve over time.
Having said that, I can see some worthwhile applications of drones. Apart from still and video photography from angles hitherto unavailable, there is also scope for inspection of upper levels of the building without a need for scaffolding or the services of abseilers. The cost would be much less than that of a piloted helicopter (which would not be able to get nearly as close), and some residents may even appreciate the opportunity of purchasing some of the pictures for their own interest.
There are different rules for people flying drones for commercial gain and those doing it for fun, there also different rules for large companies, small companies and individuals, not to mention large drones and small ones.
Have a look here and HERE, just to give you an idea of the complexities.
Privacy laws (such as they are ) are another completely different kettle of fish. There is no right to privacy, per se, in Australian law, just the right to not have your privacy invaded for nefarious purposes.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
Hi Felix
sorry to say but it seems that you are a little pissed off with the people operating the drone.
I assume that the photographer is a commercial operator, and it his right to carry on such business (operating a drone for photography)
Also how often is this ocurring? If its very regularly ocurring perhaps it would cause some disturbance of your peace. But a once of?
There are lots of things that get up my nose in life, but I just have to lve with them
Robert
@kaindub said:
I assume that the photographer is a commercial operator, and it his right to carry on such business (operating a drone for photography)Is it his right? Or does he require a licence and are there restrictions on how and when he (or she) uses the drone?
The website for a commercial drone training school lays out the new laws on drones (or RPAs to give them their proper title) and they are not as simple as a “right”.
Very Small RPAs (under 2 kg) – Regulations effective 29th September 2016
The Federal Government has recently passed legislation which will allow a person to operate a very small RPA (that is, one weighing less than 2 kg) without certification, if it is being operated in standard RPA operating conditions. This will be known as an excluded aircraft.
Standard RPA operating conditions means that the RPA must be operated:
- within visual line of sight
- below 400 ft AGL
- during the day
- more than 30 m away from anyone who is not directly associated with the operation (people being filmed are not considered to be directly associated with the RPA’s operation)
It may NOT be operated:
- over a populous area
- within 3 nautical miles of the movement area of a controlled aerodrome
- in a prohibited area
- in a restricted area that is classified as RA3
- in a restricted area that is classified as RA2 or RA1 otherwise than in accordance with regulation 101.065
- over an area where a fire, police or other public safety or emergency operation is being conducted without the approval of a person in charge of the operation
What does this translate to? Real Estate photographers will usually NOT be able to conform with ALL these conditions and will therefore require a UAV Operator Certificate (UOC) which is the CASA certificate to operate legally.
If you are not making any commercial gain from your flying, then you may fly your UAV without requiring certification (please note however that “commercial gain” can include flights for advertising purposes or even uploading videos to YouTube – there does not have to be a direct payment involved). The following restrictions apply for uncertified flying:
- Below 400 ft (120 m)
- In uncontrolled (Class G) airspace
- More than 3 nm (5.5 km) from an aerodrome or helipad
- More than 30 m away from other people
- Not in a Populous Area
- Within Visual Line of Sight (VLOS)
Commercial Flight
Any flights for commercial gain require certification of both the pilot (or UAV Controller) flying the actual drone, and the business which is conducting the operation. The pilot must have a UAV Controller’s Certificate (formerly called Remote Pilot Certificate) and the business must have a UAV Operator’s Certificate (or UOC).
Privacy issues are also complicated, especially as there is no “right” to privacy under Australian law.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
Jimmy
i did not try to imply that the operator had an unreserved right to operate a drone.
CASA is trying to deal with drones and has come up with the rules that you sited.
RPAs under 2kg, though not requiring a complex licensing regime are restricted in where they can operate, as sited in your post.
Commercial operators can gain more freedoms in terms of where they can operate an RPA but must obtain more complex licences.
Many operators of RPAs have a commercial licence from CASA and hence are able to fly where Felixstowe saw them.
Anyone should be able to ask the RPA operator to identify themselves. From this information they can enquire of CASA whether the operator is licensed.
CASA is interested in the public reporting the conduct of RPA operators. It is one of the largest source of leads that leads to prosecution of rogue operators
Robert
@kaindub said:i did not try to imply that the operator had an unreserved right to operate a drone.
I get it. he (or she) has a right to fly a drone – but they may still need a licence. But you might reasonably assume that some Real Estate agents assume they can do what they want until someone tells them to stop.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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