Thread: Drone flying in National Parks & Parks Vic zones.

When people in this thread get it in their head that any action to take down a drone operating on your property is a criminal act and stop making stupid comments we can discuss the topic sensibly.

Just like someone driving onto your property - you can’t just smash up their vehicle. It makes you liable.

Are your boomerangs designed to return or are they the killer type which don't return?

Shirley the Killer types would be preferable, then the cops can't get your location when you accidentally kill your best mate, unless you have been careless & not wiped your dabs & DNA off. Of course, I am presupposing DNA can be wiped clean & if not, then one is for the high Jump.

Originally Posted by Tombie

When people in this thread get it in their head that any action to take down a drone operating on your property is a criminal act and stop making stupid comments we can discuss the topic sensibly.

Just like someone driving onto your property - you can’t just smash up their vehicle. It makes you liable.

Very true. We don't have any rights in the sky.

Originally Posted by Tombie

When people in this thread get it in their head that any action to take down a drone operating on your property is a criminal act and stop making stupid comments we can discuss the topic sensibly.

Just like someone driving onto your property - you can’t just smash up their vehicle. It makes you liable.

Tombie, if I was running a farming operation and those dimwit animal rights activists sent drones over my property to spy on my operation, or, if one was sent to hover outside my windows and look in, it would be well and truly my duty to shoot it down. My opinion is that privacy trumps legality. Pastoralists are allowed to shoot dogs straying on their property so why not drones?

Originally Posted by Tombie

Actually thats not correct by law. You dont own the airspace above your property.

Shooting it down, even if you're licenced as a shooter - can, and has, resulted in prosecution of the shooter.

Same as taking possession of a drone that has landed in your property, and failure to return it, is an act of theft.

Regardless; Drone pilots should use courtesy, as it gets them a lot further and avoids conflict.

Actually you do own the airspace above your property, it can't be trespassed upon, and that's been a maxim of English law for centuries. And it was confirmed in a recent Victorian case:

Developer of luxury Elwood apartments ordered to take down crane swinging over family'''s home

Note where the judge says that it's a clear trespass.

In practice a drone crossing your boundaries or hovering over your property at anything below a "reasonable" height would be trespassing. I'd suggest anything below 100m would be actionable.

And I'd happily bring down any that did turn up over my property.

Originally Posted by 101RRS

But you do not own the air above the ground so they have every right to fly over your property without your consent - as long as they stay clear of buildings and people by the approved distance (I think 30m vert, 10m horizontally) they are perfectly legal.

The air above your land dont belong to you.

Again, that's not correct, you do own the airspace above your property.

Originally Posted by DiscoMick

Very true. We don't have any rights in the sky.

Sigh .... again .... basic legal precepts ..... you do have rights to your airspace.

The original maxim was that the right ran to the heavens, but once commercial airflights started it became understood that it ran to a "reasonable" height, and 10,000m was above that.

No you dont - the precedent was set years ago (studied at Uni in my Law units) and if the court case above was appealed it would have been thrown out on the "trespass" aspect but not maybe on the safety aspect.

Here is Canberra we have fast food delivery by drones and this aspect has been throughly reviewed by the legislature and found and have found no case to answer. To come in to drop the food the drones have to come in over other people's hpmes and properties and complaints that people had were dismissed as they did not own the space above their houses. Noise was the only valid issue.

Next people living next to the local hospital will be wanting to shoot down the Southcare Rescue helo as it comes in low over homes to (trespassing in the home owners airspace) to land at the hospital.