Victoria - State parks and waterways

[Redd]

Hi fellow Dronies,

I'm still a little confused with regulations regarding state and national parks.

I read in other threads that we cannot fly in state parks.
I have checked all the websites and I think it is quite vague.
I want to do a flight at the 12 Apostles on The Great Ocean Road, and seeing this is listed as a Marine and Coastal Park I wrote the the department for clarification.

Below is their reply...

Hi Ian,

Thank you for your recent enquiry to the Department of Environment, Land, Water and Planning Customer Service Centre.

The Department's response is:-

Effectively Marine and Coastal parks are managed by Parks Victoria. I have included information as it relates to using a drone in State Forest which DELWP does manage. Keeping in mind different conditions/restrictions may apply to land under Committee of Management and land managed by Parks Victoria

you can use recreational drones in State forests in Victoria.

Use of drones is largely regulated by CASA in the Civil Aviation Safety Regulations 1998. Extensive information is available from the CASA website at https://www.casa.gov.au/modelaircraft on the rules you must follow.

Some of the key rules are:

• You should only fly in visual line-of-sight, which means:
• No night flying (generally);
• No flying in or through cloud or fog, and you should be able to see the aircraft with your own eyes (rather than through binoculars or telescope) at all times.
• You must not fly closer than 30 metres to vehicles, boats, buildings or people.
• You must not fly over populous areas such as beaches, heavily populated parks, or sports ovals while they are in use.
• In controlled airspace, which covers most Australian cities, you must not fly higher than 120 metres (400 feet) above the ground.
• You must not fly in a way that creates a hazard to other aircraft, so you should keep at least 5.5 km away from airfields, aerodromes and helicopter landing sites.

• Never fly a drone or model aircraft near bushfires, floods, traffic accidents or any other emergency situation where you may be presenting a risk to the emergency operations taking place. While it might be tempting to record footage, you can pose a major safety risk to emergency personnel in the air and on the ground. Find out more on the remotely piloted aircraft in emergency situations page.

There are additional land manager regulations that also apply. For example, in State forest (under the Forests (Recreation) Regulations 2010) it is an offence to behave in a manner likely to cause to be a nuisance to any person or cause danger or injury to any person.

Essentially, members of the public wishing to fly drones should remember that people come to State forests to relax and enjoy nature; use your drone responsibly, avoid annoying other people, and you should be okay.

The following link to the website may be of assistance to you: http://www.delwp.vic.gov.au/

If you require clarification or have a further enquiry, please do not hesitate to contact the Customer Service Centre on 136 186 between 8am - 6pm weekdays or email : [email protected]


Regards,


Customer Service Centre | Digital Customer Communications Division
Corporate Services | Department of Environment, Land, Water and Planning


So having read all this, it appears as long as you follow the general CASA rules then we are good to go.
I have copied and printed this response and tucked it into my camera bag ..just in case...

So now..Im just waiting for the perfect weather..as it get really windy down there..

regards....

 

[stratos]

They passed new rule without telling anyone of course.


CASA announces new recreational drone rules

So dissapointing

 

[Bigozpete]

CASAs rules are pretty reasonable for the recreational flyer and clearly explained in their website. As with many others I have printed these and carry a few copies in my MP case.
Basically it’s “don’t be an idiot and respect other people”.
Using the CASA Can I fly here mobile app closes the loop.
Think we’re a lot luckier here than other countries.

 

[Bunyip]

I looked at the Parks Victoria website and they state that drones cannot be flown in any area managed by the department, being a sanctimonious pedant can I argue that a lot of the areas are mismanaged?
Also I thought the land was the domain of parks and the sky belonged to CASA and ne'er the twain shall meet.
I respect the rights of other people but I get up into the high country and don't see anyone for days or is the morbid fear of frightening the tartan tailed possum or whatever excuse they dream up, remember the wind farms they tried to ban because an orange bellied parrot could fly into the blades.

 

[Redd]

Thats what I mean Bunyip..
There seems to be no clear definition...very annoying.

 

[Aussie Flyer]

You may find that as many tourist helicopters fly from and around the 12 Apostles it would be considered an airport.

 

[Mick_From_Mooroolbark]

I'm pretty happy with the CASA guidelines. Just need to be careful in the NT where it is illegal to fly an RPA in a national park

 

[condor12]

I'm pretty happy with the CASA guidelines. Just need to be careful in the NT where it is illegal to fly an RPA in a national park

Unless you have approval. I flew, with NT Gov approval, in all the parks east and west of Alice last year - Ormiston, Ellery, Trephina etc.

 

[Aussie Flyer]

I'm pretty happy with the CASA guidelines. Just need to be careful in the NT where it is illegal to fly an RPA in a national park

Hi Mick from Mooroolbark
I live on the Mornington Peninsula and from what I understand, almost all the coastal fringe is managed by Parks Victoria. Apart from the gunnery range at Port Nepean which is an obvious no-go zone, it is my understanding that the rest of the Peninsula is also 'out of bounds'.
Anybody have any differing thoughts? There are some great scenery spots along the ocean side where flying at no more than 40-50m would be enough for some great vids.

 

[RonSpooner]

Hi Mick from Mooroolbark
I live on the Mornington Peninsula and from what I understand, almost all the coastal fringe is managed by Parks Victoria. Apart from the gunnery range at Port Nepean which is an obvious no-go zone, it is my understanding that the rest of the Peninsula is also 'out of bounds'.
Anybody have any differing thoughts? There are some great scenery spots along the ocean side where flying at no more than 40-50m would be enough for some great vids.

From Parks Victoria website "The network of parks that we manage includes national parks, marine parks and sanctuaries, wilderness areas, state and metropolitan parks, thousands of Aboriginal cultural places and postEuropean heritage sites, and around 70 per cent of Victoria’s coastline. Parks Victoria is also the Local Port Manager for Port Phillip Bay, Western Port and Port Campbell and the Waterways Manager for the Yarra and Maribyrnong rivers."

I'm more than happy to comply with CASA rules but Parks Victoria manage around 3000 parks which severely limits the amount of places where I could fly. eg: I was camping in a quiet spot on the Murray river but found it was managed by Parks Victoria. On top of that I have ludicrous local council rules that take out a lot of flying places that would be deemed ok by CASA rules. My local council also forbids flying after 6pm DST

 

[Denty]

Hi Mick from Mooroolbark
I live on the Mornington Peninsula and from what I understand, almost all the coastal fringe is managed by Parks Victoria. Apart from the gunnery range at Port Nepean which is an obvious no-go zone, it is my understanding that the rest of the Peninsula is also 'out of bounds'.
Anybody have any differing thoughts? There are some great scenery spots along the ocean side where flying at no more than 40-50m would be enough for some great vids.

Hi, just joined the forum today. I bought the Mavic Air a few weeks ago and I’m starting to question that decision as I have so far been unable to find anywhere on the Mornington Peninsula to fly the drone legally. So If you’ve managed to find somewhere that doesn’t breach CASA, Parks Victoria or local council rules and doesn’t involve trespassing on private property I would be very greatfull for any suggestions.

Many Thanks,

Denty

 

[bushie]

In many cases these entities are stepping well beyond the actual powers the law gives them. Unfortunatly it is going to take some court challengrs to define what the actually is and what powers state and local governments have to controll aviation. I am not legal trained but believe the powers are very restricted. I do know my local council has advice that they have no such powers.

 

[Denty]

Thanks Bushie, appreciate your response. The language they use on their website is a little vague and open to interpretation in my mind. They say

“Recreational use of RPAS by the general public is prohibited on Parks Victoria managed land. The recreational use of RPAS is not permitted under Parks Victoria regulations and visitors should refrain from flying them or they may receive a penalty infringement notice.”

So my interpretation of this is if you control the drone while standing on their managed land you could be in trouble but they have no jurisdiction regarding the aircraft in flight above the ground. Either way still makes it difficult. Canada’s rules prevent take off and landing in National Parks but don’t prevent flyovers. Same outcome but much clearer language.

Council laws here don’t ban the use but are very specific about nuisance to other people and noise to neighbouring properties which makes it very awkward anyway.

All very disappointing for someone who wouldn’t fly if other people were nearby anyway.

Regards,

Denty

 

[Thwyllo]

Council laws here don’t ban the use but are very specific about nuisance to other people and noise to neighbouring properties which makes it very awkward anyway.

All very disappointing for someone who wouldn’t fly if other people were nearby anyway.

Regards,

Denty

Rules like that are to prevent stuff like all-night parties or people mowing their lawns at 3am. I think someone would have a hard time proving in court that a buzzing drone, with a limited airtime anyway because of battery life, seriously constituted a nuisance. As to your last sentence, well you hit the nail on the head. Just be sensible.

 

[condor12]

I'm pretty happy with the CASA guidelines. Just need to be careful in the NT where it is illegal to fly an RPA in a national park

Only if you don't obtain a permit. I've flown mine in many NT parks - with a permit.

 

[kfruechtl]

Hi guys, hope you are well.

Did you end up finding spots on the Mornington peninsula where you can fly your drone legally? From the dji go app it looks all clear but the can I fly there doesn’t leave much choice....

We’re in Flinders - and the no fly zone there is much bigger than MEL airport...

Thank you!

Karsten

 

[bushie]

Hi guys, hope you are well.

Did you end up finding spots on the Mornington peninsula where you can fly your drone legally? From the dji go app it looks all clear but the can I fly there doesn’t leave much choice....

We’re in Flinders - and the no fly zone there is much bigger than MEL airport...

Thank you!

Karsten

The large No Fly Zone shown on "Can I Fly there" is for a naval gunnery range. The area is not always active and is activated by the issue of a NOTAM. It appears that your best bet is to ring HMAS Cerabus to confirm its status.

 

[Denty]

Hi Karsten,

You might be able to fly at Bushrangers Bay if you can get to the beach without going through private property because I don’t think it’s covered by Parks Victoria. I think there are parts of the beach along Westernport Bay that aren’t either. If you just want somewhere to practice you can join a model aircraft club which is what I ended up doing in Tootgarook. Don’t feel so bad though because I’m in Canada at the moment (British Columbia/Alberta) and haven’t been able to fly anywhere. Missed my only chance in Canmore just outside Banff National Park because the others I’m with wanted to do something else.

Good Luck

 

[kfruechtl]

Fantastic. Thanks guys!

 

[MavicCBR]

Thanks Bushie, appreciate your response. The language they use on their website is a little vague and open to interpretation in my mind. They say

“Recreational use of RPAS by the general public is prohibited on Parks Victoria managed land. The recreational use of RPAS is not permitted under Parks Victoria regulations and visitors should refrain from flying them or they may receive a penalty infringement notice.”

So my interpretation of this is if you control the drone while standing on their managed land you could be in trouble but they have no jurisdiction regarding the aircraft in flight above the ground. Either way still makes it difficult. Canada’s rules prevent take off and landing in National Parks but don’t prevent flyovers. Same outcome but much clearer language.

Council laws here don’t ban the use but are very specific about nuisance to other people and noise to neighbouring properties which makes it very awkward anyway.

All very disappointing for someone who wouldn’t fly if other people were nearby anyway.

Regards,

Denty

Hi Denty,
Totally agree with your comment on their website being vague. I am (was) looking at heading to the 12 apostles and trying to get some shots from ~300m back from the coast however then came across the Parks Vic rules and vague statements.

As I read it, the statement from Vic NP of "RPAS by the general public is prohibited on Parks Victoria managed land" means that if I am standing on a section of the road or side road etc, not covered by the Vic NP defined boundary and fly from there to the location I want to photograph (approx. 150m away) which is directly over the NP defined boundary, then return and land in the same location as I took off from, I am not in anyway "on" the Parks Victoria managed land.

Obviously flying safely and inline with CASA regulations is a must, however due to the huge grey area which Victoria Parks have written their "regulations" I think all they have achieved is confusing the public and the people who want to fly drones in a sensible manner.