Nigel_
Second Officer
Flight distance : 388642 ft
United Kingdom
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They do have the right do make a byelaw that would restrict what you can do on the ground, such as operating a drone. However they would then have to get that byelaw approved by government, and I suspect government would consider that the CAA rules are what should be used and are sufficient, so would be unlikely to give approval. The government is not normally willing to restrict peoples rights when not necessary and without appropriate public consultation.
I have also failed to find the NT byelaw they mention. Some other organisations, such as Dartmoor National Park do have such a byelaw in place which they could enforce if they wanted to. But in all cases they can only restrict what you do on their ground so the claim "All aerial activity above our sites is prohibited" is ridiculous, that Boeing 747 flying over at 40,000ft is not something they have any right to control and a drone at 400ft wouldn't be either. Once you get down below tree/building height then possibly they could, although with byelaws, even if they can find it, they would have to ask you to stop first and only if you failed to do so could they prosecute you and even then the fine would be small enough that it would probably be good value!
I think if you stick to the CAA rules, including the Drone Code (PfCO or not), then you have little to worry about until they ask you to stop. If you choose to disobey a request to stop then it could get difficult, they can probably request that you leave their land. On most NT land, most NT wardens will be happy for you to enjoy the place anyway as long as you are not disturbing the other visitors or wildlife. Around their buildings and gardens, even beyond 50m it is not really appropriate to be flying anyway, you don't have control of other people and you will be disturbing other visitors. And that is not just with drones, my visit to Stourhead last year was somewhat spoilt by a light aircraft which seemed to be making tourist trips to view the autumn colours in the gardens from minimum altitude, and presumably without paying entry fee. It may have been allowed to fly down the valley at 500ft but it was certainly causing an unwanted disturbance to everyone else!
If it is a commercial flight to film their property, there may not be a legal requirement for you pay any fee, but surly some payment would be appropriate, it is a charity and it is because of their work that you want to fly there!
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