Drone Laws in Australia: CASA Rules Every Pilot Must Know

Drone law in Australia is federal, set by the Civil Aviation Safety Authority under Part 101 of the Civil Aviation Safety Regulations 1998 (Cth), not by state or territory legislation, and several commonly repeated rules of thumb, a flat "120 metre" ceiling and an absolute "30 metre rule", do not match the regulation's actual text.
Information last verified on 21 July 2026 against the primary legislation and, where noted, the relevant government agency page. This page presents general legal information, not legal advice.
Jurisdiction scope: This page covers Commonwealth drone regulation under Part 101 of the Civil Aviation Safety Regulations 1998 (Cth), verified 21 July 2026 against the regulation text on AustLII. It does not state whether recreational flyers are currently required to register, and does not state any registration or accreditation fee, because neither could be confirmed. CASA's own guidance should be checked before flying.
Drone law in Australia is federal, not state based
Unlike most of the areas covered on this hub, rules for where and how a drone can be flown in Australia come from a single Commonwealth regulator, the Civil Aviation Safety Authority (CASA), under Part 101 of the Civil Aviation Safety Regulations 1998 (Cth) (CASR). States and territories do not set their own separate height or distance limits for drone operation; a state may still apply other laws that happen to touch a drone flight, such as trespass, surveillance device laws, or a specific park or reserve's own rules, but the aviation limits themselves are set once, federally, and apply the same way in every state and territory.
The altitude ceiling is 400 feet, not a round "120 metres"
The standard altitude ceiling for RPA operation is 400 feet above ground level (AGL), which converts to approximately 121.9 metres, not the round "120 metres" that is often quoted online. Regulation 101.070 is titled "Operation in controlled airspace above 400 ft AGL" and restricts flying above that height in controlled airspace to an approved area or with an air traffic control clearance. The same 400 foot figure is repeated in regulation 101.075, which restricts operation above 400 feet AGL within 3 nautical miles of an aerodrome, and it is one of the conditions bundled into regulation 101.238's "standard RPA operating conditions." Because the regulation itself is expressed in feet, quoting a converted metric figure as if it were the legislated number risks understating the true ceiling by a small but real margin.
Standard RPA operating conditions: several separate rules, not one
Regulation 101.238 sets out what CASA calls the "standard RPA operating conditions," the baseline conditions that apply unless a specific exception or approval says otherwise. All of the following must be satisfied at the same time: the RPA is operated within the visual line of sight of the person controlling it; it is operated at or below 400 feet AGL, and only by day; it is not operated within 30 metres of an uninvolved person; it is not operated in a prohibited area, certain restricted areas, over a populous area, or within 3 nautical miles of a controlled aerodrome's movement area; it is not flown over an area where an emergency operation, such as a fire or police response, is under way without the person in charge's approval; and the pilot operates only that one aircraft at a time. These are separately defined, cumulative requirements. Satisfying the 30 metre distance rule, for example, does not mean the daylight requirement or the populous-area restriction can be ignored.
The 30 metre rule has real, regulation-defined exceptions
Regulation 101.245 sets the default rule that an RPA must not be operated within 30 metres of a person not directly associated with its operation, and this is the provision most commonly cited as "the 30 metre rule." It is not, however, an absolute rule. Subregulation (2) removes the restriction where the other person is standing behind the RPA while it is taking off, the recognised carve-out for a takeoff assistant. Subregulation (3) removes it for a very small, small or medium RPA where the other person has consented to the closer approach and the RPA is operated no closer than 15 metres to them. A separate exception applies to airships approaching no closer than 10 metres horizontally and 30 feet vertically. A person relying on "I stayed 30 metres away" as a blanket safe harbour is missing that the regulation itself carves out closer operation in defined circumstances, and equally, that the 30 metre default still applies in every situation the exceptions do not cover.
"Populous area" is its own defined concept
Operating over a populous area is separately prohibited under the standard operating conditions in regulation 101.238(d)(iv), and "populous area" itself has its own definition in regulation 101.025: an area counts as populous, for the purposes of a given RPA operation, if it "has a sufficient density of population for some aspect of the operation, or some event that might happen during the operation... to pose an unreasonable risk to the life, safety or property of somebody who is in the area but is not connected with the operation." This is a functional, risk-based test tied to the specific aircraft and flight, not a fixed population-density threshold, and it is a distinct requirement from the daylight-only and 400 foot altitude conditions that sit alongside it in the same regulation.
Weight classes: what determines which rules apply
CASA classifies RPA by gross weight under regulation 101.022, and which specific rules apply (including registration, remote pilot licensing and operator certification requirements) generally turns on which class a given aircraft falls into. A micro RPA weighs no more than 250 grams. A very small RPA weighs more than 250 grams but not more than 2 kilograms. A small RPA weighs more than 2 kilograms but not more than 25 kilograms. A medium RPA weighs more than 25 kilograms but not more than 150 kilograms. A large RPA weighs more than 150 kilograms. Most consumer and prosumer drones sold in Australia fall into the very small or small categories.
Registration: the default, and what this page does not state
Regulation 47.096 applies a registration requirement, by default, to medium, small, very small and micro RPA, unless CASA has issued an instrument under subregulation (3) exempting a class of aircraft, or a particular aircraft, from that requirement. This page does not state whether a specific exemption currently applies to recreational (non-commercial) flyers, because the relevant CASA exemption instrument could not be located and confirmed during research for this page. This page also does not state any dollar figure for a registration or accreditation fee, because no fee provision was found in the regulation itself; fees, where they apply, are more likely to be set administratively by CASA rather than in CASR. A reader intending to fly a drone in Australia, recreationally or commercially, should check CASA's current guidance directly (casa.gov.au) to confirm the registration and accreditation requirements and any applicable fee that currently apply to their specific aircraft and intended use.
This page is general legal information about everyday law in Australia, verified on 21 July 2026. It is not legal advice, and it does not cover every situation. For advice about your own circumstances, consult a legal practitioner admitted in the relevant Australian state or territory.
Frequently Asked Questions
What is the maximum height I can fly a drone in Australia?
400 feet above ground level (approximately 121.9 metres) under the standard operating conditions in regulation 101.238 of the Civil Aviation Safety Regulations 1998 (Cth), not the round "120 metres" often quoted. Flying above that height in controlled airspace requires an approved area or air traffic control clearance.
Can I ever fly closer than 30 metres to a person with a drone in Australia?
In limited, regulation-defined circumstances. Regulation 101.245 allows a closer approach, down to 15 metres, for a very small, small or medium RPA where the person has consented, and removes the restriction for a person standing behind the RPA during takeoff. Outside those exceptions, the 30 metre minimum applies.
Do I need to register my drone in Australia?
Registration is the default requirement for medium, small, very small and micro RPA under regulation 47.096, unless CASA has exempted a class of aircraft by instrument. This page does not state whether a specific recreational exemption currently applies; check CASA's current guidance directly.
Is there a fee to register a drone with CASA?
This page does not state a figure. No fee provision was found in the Civil Aviation Safety Regulations 1998 (Cth) itself during research for this page; any current fee would be set administratively by CASA. Check casa.gov.au for the current position.
What weight classes does CASA use for drones?
Micro (up to 250 g), very small (over 250 g to 2 kg), small (over 2 kg to 25 kg), medium (over 25 kg to 150 kg) and large (over 150 kg), under regulation 101.022 of the Civil Aviation Safety Regulations 1998 (Cth).
Do state laws set separate drone height or distance rules in Australia?
No. Drone operating limits, including altitude, distance from people and populous-area restrictions, are set federally by CASA under Part 101 of the Civil Aviation Safety Regulations 1998 (Cth) and apply uniformly across every state and territory. A state's general laws, such as trespass or surveillance device laws, can still separately apply to a drone flight.
Sources and References
- Civil Aviation Safety Regulations 1998 (Cth) reg 101.070, operation in controlled airspace above 400 ft AGL(classic.austlii.edu.au).gov
- Civil Aviation Safety Regulations 1998 (Cth) reg 101.238, meaning of standard RPA operating conditions(classic.austlii.edu.au).gov
- Civil Aviation Safety Regulations 1998 (Cth) reg 101.245, operation near people(classic.austlii.edu.au).gov
- Civil Aviation Safety Regulations 1998 (Cth) reg 101.025, meaning of populous area(classic.austlii.edu.au).gov
- Civil Aviation Safety Regulations 1998 (Cth) reg 101.022, types of RPA(classic.austlii.edu.au).gov
- Civil Aviation Safety Regulations 1998 (Cth) reg 47.096, application of registration division(classic.austlii.edu.au).gov