Drone photography has transformed how we capture landscapes, real estate, and events. But Australian regulations are strict, and ignorance doesn’t excuse violations. Here’s what photographers need to know about flying drones legally in 2026.

The Basic Categories

CASA (Civil Aviation Safety Authority) divides drone operations into categories based on weight and purpose. Understanding which category applies to your situation determines what rules you must follow.

Sub-250g drones have the most relaxed requirements. If your drone weighs less than 250 grams, you can fly it recreationally without a license. This category includes popular models like the DJI Mini series. You still need to follow general safety rules, but you’re exempt from many commercial restrictions.

Recreational flying between 250g and 25kg requires following standard operating conditions but doesn’t need a license. You can fly for personal photography, but not for any commercial purpose—including building a portfolio you’ll eventually use commercially.

Commercial operations require either a Remote Pilot License (RePL) or operation under someone else’s license. If you’re being paid to fly, or if you’re using footage for business purposes, you’re commercial. This distinction matters legally even if money isn’t changing hands.

Standard Operating Conditions

These rules apply to most recreational and many commercial drone operations. Understanding them prevents most common violations.

You must fly during daylight hours only. Dawn and dusk are legal if there’s sufficient natural light to see the drone clearly. Night operations require specific approval and additional equipment.

Maximum altitude is 120 meters (400 feet) above ground level. This keeps drones well below manned aircraft altitudes. The limit is above ground level, not your takeoff point—if you’re on a hilltop, you need to account for terrain below you.

You must keep the drone within visual line of sight at all times. This means seeing the drone itself with your eyes, not watching a screen. You can use an observer to help, but someone must maintain direct visual contact with the aircraft.

Stay at least 30 meters away from other people who aren’t part of your operation. This distance reduces risk if something goes wrong. The rule doesn’t apply to people you’re working with, but it does apply to bystanders and the public.

Don’t fly within 5.5km of controlled aerodromes without permission. This is a hard boundary around airports. CASA provides airspace maps showing these zones. Violations in these areas are taken extremely seriously.

Commercial Operations

If you’re doing drone photography commercially—real estate, events, construction monitoring, anything where you’re paid or building a business—you need proper authorization.

The Remote Pilot License requires passing a theory exam and demonstrating practical skills. The process takes time and costs money, but it’s straightforward if you study properly. I recommend CASA-approved training courses rather than trying to self-study the regulations.

Excluded categories provide an easier path for low-risk commercial operations. If you’re flying a sub-2kg drone under specific conditions, you might qualify for the “excluded RPA” category, which has simpler requirements than full RePL.

Operating under someone else’s license is another option. If you work for or subcontract to a business with proper licensing, you can fly under their authorization. This works well for photographers who occasionally use drones but don’t want to maintain their own licensing.

Insurance and Liability

Personal drone insurance is wise even for recreational flying. If your drone causes injury or property damage, you’re liable. Insurance costs are reasonable compared to potential liability.

Commercial operations require public liability insurance. Most RePL holders carry $10-20 million coverage. This isn’t optional—it’s part of responsible commercial operation and often contractually required by clients.

Check whether your existing photography insurance covers drones. Many policies exclude aviation-related activities. Don’t assume you’re covered without explicitly verifying with your insurer.

Practical Compliance Tips

Download the OpenSky app or similar airspace awareness tools. These apps show restricted areas, temporary flight restrictions, and other airspace information in real-time. Check before every flight, as restrictions change.

Log your flights. While not legally required for many operations, maintaining flight logs demonstrates professionalism and helps if questions arise about where and when you flew.

Preflight checks aren’t just good practice—they’re required for commercial operations. Battery levels, GPS signal, compass calibration, and control responsiveness should be verified before takeoff.

Respect privacy. Even if you’re legally allowed to fly somewhere, photographing people or property without consent can violate privacy laws. Legal and ethical aren’t always the same thing.

Common Mistakes

Flying in national parks often isn’t allowed even if CASA regulations would permit it. Parks have their own rules beyond aviation regulations. Check with park management before flying.

Beach and coastal flying requires attention to 30-meter separation rules. Popular beaches make this difficult. Early morning flights when beaches are empty make compliance easier.

Event photography by drone has specific restrictions. You generally cannot fly over crowds or within the 30-meter separation requirement of people not involved in your operation. Many event drone shots you see required specific approvals or were technically illegal.

Real estate photography seems straightforward but often violates regulations. Flying over neighbors’ property, exceeding visual line of sight to get that perfect shot, or operating commercially without proper licensing are common issues.

Penalties and Enforcement

CASA takes drone violations seriously. Fines can reach tens of thousands of dollars for serious breaches. Criminal charges are possible for particularly dangerous violations.

Police can request registration details and require you to land. Refusing to cooperate escalates simple violations into more serious offences. If asked to land by authorities, land immediately and cooperate fully.

Public complaints lead to many enforcement actions. If neighbors, passersby, or property owners report unsafe or illegal flying, CASA will investigate. Flying legally prevents these complaints from becoming problems.

Future Changes

Regulations continue to evolve as drone technology advances. Remote ID requirements are being phased in, requiring drones to broadcast identification and location information. Stay current with CASA updates rather than assuming what was legal last year remains legal today.

Autonomous operations and beyond visual line of sight flying are gradually becoming accessible under specific circumstances. These capabilities will likely expand in coming years but currently require substantial approval processes.

The Bottom Line

Drone photography in Australia is absolutely legal and accessible, but it requires understanding and following regulations. Most rules exist for good reasons—aviation safety, privacy protection, and risk management.

Get proper training if you’re operating commercially. Follow the standard operating conditions. Respect restricted areas and other people’s property. Check airspace before every flight. Maintain your equipment properly.

Compliance isn’t difficult, but it does require attention and discipline. The spectacular images drones enable aren’t worth risking fines, legal trouble, or causing actual harm. Fly legally, fly safely, and enjoy the creative opportunities drones provide.