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

  1. #101
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    I believe the BBC charges the GABBA for he airspace the stadium takes up above Stanley St.

    Or maybe they tried to charge them.

  2. #102
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    Quote Originally Posted by 101RRS View Post
    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.
    Care to provide a reference for your precedent? You're stating that a Victorian Supreme Court judge doesn't know the laws of Victoria. And, BTW, an appeal would be to the Victorian Court of Appeal, and after that you're at the High Court. You'll also note that, even though they were given extra time to prepare a response, the developer's lawyers don't appear to have argued that the crane wasn't trespassing, just that this sort of trespass happened all the time so these people should stop complaining. And the company didn't say that they weren't trespassing, just that it was more convenient for them to use the crane. It's hard to think of a less meritless case - the developers were presumably counting on the homeowners not being prepared to take them to court - but they did.

    FYI, these same rules are why your neighbours can't extend their house across your fence and into the airspace above your house.
    Arapiles
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  3. #103
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    Quote:
    Legally, in Australia, property owners own “to such height as is necessary for the ordinary use and enjoyment of his land and the structures upon it”. But, what exactly constitutes “ordinary use” is open to legal interpretation.

    https://www.domain.com.au/living/all...h12rym-755074/

    And the Stellar case is mentioned.
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  4. #104
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    Quote Originally Posted by Tombie View Post
    Quote:
    Legally, in Australia, property owners own “to such height as is necessary for the ordinary use and enjoyment of his land and the structures upon it”. But, what exactly constitutes “ordinary use” is open to legal interpretation.

    https://www.domain.com.au/living/all...h12rym-755074/

    And the Stellar case is mentioned.
    Yes.

    BTW, Dr Storr’s claim that drones can fly over your property because it’s analogous to someone looking across your fence from the street (i.e., from a public area) only works if you assume that the drone is in public space, but which, as stated in the article, means that it would have to be high enough that it’s not affecting your use and enjoyment of your land. I’d guess that a neighbour hovering their drone over your house and claiming a right to do it - and ignoring for this purpose that they can’t fly where they could hit people or any relevant privacy rules - would get short shrift from any superior court. Also, in any case you don’t always have a right to look across boundaries.
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  5. #105
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    I have Absolutely No problems with people flying drones at all, I have a Mavic Air myself and enjoy flying it from time to time But other peoples privacy MUST be preserved.
    Also the welfare of livestock and wildlife MUST also be considered when flying these as well.

    As for shooting them down, Well Good luck with that idea because they would be super hard to knock down with a shotgun and shooting any other firearm into the air is diabolically dangerous because even a little .22 will go for miles.
    You only get one shot at life, Aim well

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  6. #106
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    To sum it up. People who operate UAVs need to be respectful (and a majority are).

    There are rules, these need to be followed, and the biggest take away - Courtesy - it goes a long way to enjoyable drone use.

    I used mine to check my roof and gutters the other day (beats a ladder). Simply told the neighbours what I was intending to do and they were good with it.
    Cheers
    Tombie

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  7. #107
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    Did you offer to check theirs at the same time?

  8. #108
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    The original common law concept was that your aerial rights extended indefinitely above your land.

    However the present law in Australia is, subject to any challenge to the correctness of the 1991 decision in Bendal Pty Ltd v Mirvac Project Pty Ltd [1991] 23 NSWLR 414 – 470 and Perilya Broken Hill Limited v Valuer General [2015] NSWLEC 43 both of which applied the English 1978 decision in Bernstein v Skyview & General Ltd [1978] that a surface owner’s rights in the airspace above should be restricted “to such height as is necessary for the ordinary use and enjoyment of his land and the structures upon it”.


    Well then, how high is that? The answer is: it is not clear, in Australia, what that limit is.

    So the air above your land is not necessarily your own but you do have ownership of enough for ordinary use and enjoyment. I suspect this means - "it depends on the circumstance" - does count if safety is involved like a crane hanging overhead, doesn't count if meals are being delivered by drone to next door, does count if a peeping tom drone is looking in your window, but probably doesn't count if over a large open expanse of private property - will all have to be contested in court.

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