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 which rules apply depends first on why you fly: a drone flown for sport or recreation is a "model aircraft", while a drone flown for work or other non-recreational purposes is generally a "remotely piloted aircraft" (RPA).

Information last verified on 27 October 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 27 October 2026 against Compilation No. 103 of the regulations (compilation date 29 September 2026) on the Federal Register of Legislation. It does not state any registration levy or accreditation fee amount, 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 400 foot height limit

The regulations express the key height limit in feet: 400 feet above ground level (AGL), about 121.9 metres, often rounded to 120 metres. It comes from several separate rules. Regulation 101.070 allows any unmanned aircraft to fly above 400 feet AGL in controlled airspace only in an approved area and in accordance with an air traffic control clearance (maximum penalty 50 penalty units). Regulation 101.075 allows flight above 400 feet AGL within 3 nautical miles of an aerodrome only where another provision of Part 101 permits it or permission has been given under regulation 101.080. For model aircraft, regulation 101.400 allows flight above 400 feet AGL outside an approved area only if the flyer keeps the aircraft in sight and clear of populous areas. For very small, small and medium RPA, regulation 101.250 requires CASA's approval to fly above 400 feet AGL outside an approved area, and flying at or below 400 feet by day is one of the standard RPA operating conditions in regulation 101.238. CASA also publishes drone safety rules for recreational flyers; check them before flying, because this page could not open them for this check.

Standard RPA operating conditions: several separate rules, not one

Regulation 101.238 defines "standard RPA operating conditions." The definition matters mainly for deciding whether an RPA is an "excluded RPA" under regulation 101.237, which can be flown with an accreditation instead of a remote pilot licence (regulation 101.252). It applies only to RPA, not to model aircraft (regulation 101.235, Note 1). 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: different exceptions for recreational drones and RPA

For a drone flown for sport or recreation, the 30 metre rule is regulation 101.395(2): a powered model aircraft must stay at least 30 metres away from anyone not directly associated with the operation while it is in flight, landing or taking off. The maximum penalty is 50 penalty units ($18,200 at the $364 Commonwealth penalty unit that applies from 1 July 2026), and it is a strict liability offence. There are only two exceptions: someone standing behind the model aircraft while it takes off, and a judge in a model flying competition. A person's consent does not let a recreational flyer come closer. Subpart 101.G, which contains this rule, applies to model aircraft weighing more than 250 g (regulation 101.375); for a lighter recreational drone, check CASA's drone safety rules.

For RPA, regulation 101.245 sets the 30 metre default, with a maximum penalty of 10 penalty units ($3,640 at the same rate). Its exceptions are wider: a person standing behind the RPA while it takes off; a very small, small or medium RPA operated no closer than 15 metres to a person who has consented; an airship approaching no closer than 10 metres horizontally and 30 feet vertically; and a person holding a CASA approval under regulation 101.029. The 15 metre consent exception does not apply to recreational flying. Outside the exceptions that apply to your kind of flying, the 30 metre minimum applies.

"Populous area" is its own defined concept

For RPA, not operating over a populous area is one of the standard operating conditions in regulation 101.238(d)(iv), and regulation 101.250 requires a very small, small or medium RPA flown outside an approved area to stay clear of populous areas. For model aircraft, regulation 101.395(1) bars flying over a populous area below the height from which the aircraft could clear the area if any of its components failed. "Populous area" itself has its own definition in regulation 101.025: an area counts as populous, in relation to the operation of an unmanned aircraft (an RPA or a model aircraft), 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

Which rules apply depends first on why you fly. A drone flown for sport or recreation is a model aircraft (regulation 101.023) and follows Subpart 101.G, while other drones are RPA and follow Subpart 101.F. For RPA, CASA classifies aircraft by gross weight under regulation 101.022, and which specific rules apply (including remote pilot licensing and operator certification requirements) generally turns on the weight class. 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. Subpart 101.F does not apply to micro RPA (regulation 101.235, Note 2), and Subpart 101.G applies only to model aircraft weighing more than 250 g (regulation 101.375).

Registration: model aircraft and RPA

Regulation 47.015(1) requires an aircraft to be registered unless it is one of the listed exceptions, and the list includes "a model aircraft" (paragraph (f)). Under the current regulations, a drone flown only for sport or recreation is therefore not required to be registered. Division 47.C.2 applies registration to medium, small, very small and micro RPA (regulation 47.096), and operating an RPA that is required to be registered under that Division but is not registered is a strict liability offence with a maximum penalty of 50 penalty units ($18,200 at the $364 Commonwealth penalty unit that applies from 1 July 2026) under regulation 47.096A. Other exceptions in regulation 47.015 include an RPA prescribed by a CASA instrument under regulation 47.015(1B) and certain test flights. An individual must be at least 16 to apply to register an RPA (regulation 47.097(2)), and the application must be accompanied by the unmanned aircraft levy, if any applies (regulation 47.097(4)). This page does not state the levy amount or any accreditation fee, because neither could be confirmed. 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 that apply to their specific aircraft and intended use.

This page is general legal information about everyday law in Australia, verified on 27 October 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?

The Civil Aviation Safety Regulations 1998 (Cth) use 400 feet above ground level (about 121.9 metres, often rounded to 120 metres) as the key height. Above 400 feet, flying in controlled airspace needs an approved area and an air traffic control clearance (regulation 101.070), and flying within 3 nautical miles of an aerodrome needs a permission or another Part 101 provision (regulation 101.075). For RPA, regulation 101.250 also requires CASA approval above 400 feet outside an approved area; for model aircraft, regulation 101.400 requires the aircraft to be kept in sight and clear of populous areas. Check CASA's drone safety rules before flying.

Can I ever fly closer than 30 metres to a person with a drone in Australia?

If you fly for sport or recreation, generally no. Regulation 101.395 keeps a powered model aircraft over 250 g at least 30 metres from anyone not directly associated with the flight, with only two exceptions: a person standing behind it at takeoff, and a judge at a model flying competition. A person's consent does not change this. For RPA flown for other purposes, regulation 101.245 also allows a very small, small or medium RPA as close as 15 metres to a person who has consented, and closer operation with a CASA approval under regulation 101.029. Outside the exceptions that apply to your kind of flying, the 30 metre minimum applies.

Do I need to register my drone in Australia?

Under the current regulations, a drone flown only for sport or recreation is a model aircraft and is not required to be registered (regulation 47.015(1)(f) of the Civil Aviation Safety Regulations 1998 (Cth)). A drone flown for work or other non-recreational purposes is generally an RPA that must be registered with CASA under Division 47.C.2 (regulations 47.096 and 47.096A, maximum 50 penalty units), unless an exception in regulation 47.015 applies. Check CASA's current guidance directly.

Is there a fee to register a drone with CASA?

This page does not state a figure. Under regulation 47.097(4) of the Civil Aviation Safety Regulations 1998 (Cth), an application to register an RPA must be accompanied by the unmanned aircraft levy, if any applies, and CASA can waive or refund it in exceptional circumstances. Check casa.gov.au for the current amount.

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). These are classes of RPA; a drone flown for sport or recreation is a model aircraft instead.

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.