Drone Wars – can CASA stop sky pirates over Sydney Harbour?

Drones are a fantastic tool for any photographer looking to add a 'wow' factor to their stills or video footage. Anyone with rudimentary 'playstation skills' (to fly it) and basic understanding of lighting and framing can quickly become a decent drone photographer / videographer.

In an ideal world, anyone with a drone could simply fly anywhere to capture dramatic, spell-binding footage – but before long, the sky would be seriously overcrowded with buzzing drones of all different weights and sizes. 

And it wouldn't just be photographers up there; it would be anyone wanting the sensation of flight without an expensive plane (imagine flying through the Sydney Harbour Bridge); or content creators desperate for more likes and followers; or even delivery drones with food and packages. Unfortunately – this would also be a recipe for mayhem and disaster.

CASA to the rescue

So this is why Australia's Civil Aviation Safety Authority (CASA) exists – to create and enforce the laws and rules in Australia for the more than 40,000 Remote Pilot Licence (RePL) holders. Unfortunately, it's not just the RePL holders that CASA have to worry about – it's the estimated 1.8 million people with 'unlicensed' drones.

Recently, the team at Capture saw some incredible drone footage shot at dusk and at night over Sydney Harbour and the city. After marvelling at the imagery, we had to question the lawfulness behind it.

The drone flight paths taken were completely reckless, and broke pretty much every drone safety rule listed. In fact, there is enough evidence for at least $10,000 in fines and even a gaol sentence.

The thing is, the drone pilot was a foreign national who only posted when he returned to his home country – far from the reaches of CASA and their enforcement of penalties.

So what can CASA do with these 'sky pirates' who fly without restrictions in Australia, only to return home to post – then collect their 'pirate booty' of increased followers and money?

The rules – you can't fly there mate!

Sydney in particular is one of the most restricted patches of airspace in the world. The harbour has spectacular views, though it is also a hive of activity, not just for ferries but for seaplanes and helicopters operating at low altitudes.

Consequently, almost all of the harbour is a 'No Fly Zone'. Furthermore, an estimated 75% of Sydney is under CASA's 'Fly under conditions' or other 'No Fly Zones' that cover the current four airports, including the RAAF base in Richmond.

But there are also other rules drone pilots must adhere to such as:

Populous Areas: It is strictly illegal to fly over 'populous areas' – this includes busy beaches like Bondi, Manly, or Bronte. If a drone fails over a crowd, it becomes a falling brick.

The 30-Metre Rule: You must maintain a 30-metre buffer from anyone not involved in the flight.

Airport Exclusion Zones: Flying within 5.5km of a controlled airport (like Sydney Kingsford Smith) is a major offence. This radius swallows up popular spots like Coogee and Port Botany.

Visual Line of Sight (VLOS): You must see the drone with your own eyes, not just through a screen, and you can't fly at night.

The consequences - what could possibly go wrong?

Unfortunately, in society, we often have to cater to the lowest common denominator (LCD) – i.e. reckless, inconsiderate 'ding dongs'. But it's not just the ding dongs we have to worry about – even level-headed professionals can have bad luck, or make minor misjudgments that end up causing carnage.

The risks of reckless flying– the long list of legal breaches and safety hazards:

Airspace interference: Flying into zones reserved for planes – can have catastrophic consequences.

Privacy violations: Creeps peeping through apartment windows and into backyards.

Weather-related accidents: Flying in high winds and losing control. Most drones automatically switch off if they turn upside down, which can lead to them falling onto someone's head with fatal consequences – remember when 400 drones crashed over Melbourne's Docklands?

Distance mismanagement: Crashing into infrastructure and falling from height. Recall the drone that hit the Sydney Harbour Bridge and smashed onto the busy road below, narrowly missing a car's window? Shock of windscreen impact can cause the driver to swerve into oncoming traffic.

Wildlife conflict: Birds perceiving drones as invaders of their territory and injuring themselves in attacks. Or just being unlucky and crashing into a bird.

Environmental hazards: Chemical spills from agricultural drones; or crashing into powerlines; or just drone crashes starting bush fires via battery explosions.

Mid-air collisions: Drones crashing into one another – then falling into crowds of people.

Mechanical failure: Drones falling out of the sky due to the delamination of propellers after a minor previous impact.

Inability to see objects at speed: Drones often fly fast – giving pilots little reaction time to dodge objects.

Rise of the sky pirates

So generally, CASA can pursuit charges of anyone caught breaking the laws. Often the footage is featured on social media, reported by the public, or found by CASA – then the pilot prosecuted. Of course, it's not hard to prosecute Australian citizens with a drone licence.

But what about the 'sky pirates' – the unregistered drones and tourists who fly without a licence and without regards to CASA's laws? The ones who break all the rules; then post on social media when they get back to their homeland – and out of the reach of CASA?

Despite a robust framework of laws designed to keep our skies safe, there is a mounting perception that CASA is effectively toothless when it comes to prosecuting overseas offenders.

A prime example

One pilot in particular, @azboyhuseyin, saw his following surge to approximately 25,000 after his original Sydney Harbour footage gained traction in early 2025. Capture originally saw his initial post and noted his dramatic boost in followers.

This growth prompted a return visit to the city around late 2025 / early 2026 – a move he had previously hinted at in his posts. Having faced no penalties for his initial infractions, he returned to dangerously flout almost every drone law possible, capturing footage that included:

• Flying through Sydney fireworks over the Harbour Bridge (New Years Eve and Australia Day)
• Swooping over large crowds on the forecourt of Sydney Opera House
• Flying between the flags on the top of Sydney Harbour Bridge
• Flying directly in front of ferries in Circular Quay
• Flying down George St Sydney at night
• Hovering over packed crowds at Bondi and Manly beaches
• Flying with cockatoos over the Harbour Bridge

At $1,650 per offence – Azboy has racked up a considerable amount of fines, or even up to two years in gaol.

Capture reached out to Azboy for comment, and to find out whether he has been sent CASA fines – though as yet, we have had no response.

We are not saying that his footage isn't impressive, as even the Opera House's official Instagram page reached out to him to use the footage (which goes to show how many people are not aware of drone laws and rules).

But the fact of the matter is that this promotes copycat drone pilots to take greater risks – all in the hope to get more views and followers (and therefore money) on social media. And online kudos is what Azboy has received. He has now amassed over 260,000 followers. This puts him into a higher tier of 'influencer bracket' which can command anywhere between $500 – $10,000 per video, depending on how he posts it. 

While some social media commenters condemn his recklessness, they pale in comparison to those admiring his ‘death-defying’ flying. Unfortunately, it begs the question – even when fined, in the log term does he make more money from sponsors and footage?

To find out what happens in a particular case like this, Capture reached out to CASA Media to ask 'what does drone enforcement in Australia look like for foreign nationals?'

Response from CASA:

"We are aware of a foreign national who undertook illegal drone operations while visiting Australia and who posted footage once he had left the country.

"We regularly conduct large-scale communication, media and advertising campaigns to ensure those flying a drone for fun are aware of the drone safety rules, including in other languages. The rules are also available on our website in 19 foreign languages.

"Our strategy has included geographically targeted campaigns in Sydney, based on data from the National Drone Detection System. We also continue to work with local councils and landowners to install drone safety signage.

"Drones must not be operated in and around Sydney Harbour or over crowds without CASA approval and these restrictions apply to overseas as well as local operators.

"We look closely at all reports we get about unsafe drone flying  and these can come from sources such as members of the public using our report unsafe drone operations service, police or Australia’s national drone detection system.

"Fines of up to $1,650 per offence and other penalties can apply to anyone breaking the drone safety rules or if a drone becomes a hazard to other aircraft.

"Operators can also be referred to the Commonwealth Director of Public Prosecutions and this can result in a court summons."

Enforcing the laws

So how can a foreigner who has already violated CASA laws be able to return and reoffend without any penalty?

CASA directed Capture to seek further enquiries with the Department of Home Affairs – the agency responsible for border control and visas for every international visitor.

Via phone, Capture was told that foreigners have to be prosecuted by police ‘here’ to have a police record. The police record (Federal Police) is what they check when people apply for an Australian Visa. So Federal Police would have to pursuit foreigners once they return to their home country – if they break laws here. Though in the case of drones – this would be incredibly low priority.

In further communication with CASA Media, we were told "Some of them (overseas drone pilots who violate CASA rules) do pay fines even though our jurisdiction doesn’t extend outside Australia." 

Perhaps in future, drone fines issued in Australia by government agencies should be shared with Home Affairs, so that any offender wanting to return to our country can be met with a fine at the border – or at least have their baggage checked to see if they are carrying a drone (and have it confiscated).

Furthermore, with reckless drone footage being illegal and encouraging copycats, does the government have the clout to actually get it removed from social media? The answer is mostly no. Unless it includes military bases, social media companies are generally not required to take the footage down.

New Zealand's answer – 'Pay or Stay'

New Zealand’s 'Pay or Stay' system is a high–tech border intercept designed to prevent travellers from departing the country with unpaid legal debts. By integrating Ministry of Justice records with Police and Customs databases, the system automatically flags individuals at airport eGates or departure desks when their passport is scanned. This intervention is generally triggered if a traveller owes $1,000 NZD or more in court–ordered fines, any amount of victim reparation, or if an active warrant has been issued for their arrest.

Once an alert is triggered, the traveller must resolve the debt immediately or face being barred from their flight. They are typically given the option to pay the full amount via a dedicated 24/7 credit card hotline to clear the alert in real–time. However, if they are unable or unwilling to pay, Police have the authority to arrest the individual, prevent them from boarding, and confiscate their passport until the legal matter is settled in court.

So of course, this only works if a fine is issued before someone leaves the country – though it does reveal that government departments in NZ seem to communicate at a higher level, so that in the case of a drone pilot being issued a fine, even if they left the country, they'd find themselves either being unable to obtain a visa, or having to pay the fine before they were eligible to return to New Zealand.

The wrap up

This isn't about being 'anti-tourist'; it’s about being 'pro-safety'. The current state of affairs is an insult to the thousands of licensed Australian drone pilots who pay for registrations, sit exams, and follow the rules to protect the industry’s reputation.

The rise of the 'sky pirate' proves that likes and followers should never be prioritised over public safety. While influencers might reap the financial rewards of reckless flights, the true cost is borne by the licensed professionals who do the right thing every day.

Until CASA, the Federal Police, and Home Affairs can effectively communicate and hold foreign offenders accountable, the message remains dangerously clear: the rules only apply if you live in Australia.

It is time Australia’s enforcement matched its ambition for sky–high safety, before a ‘ding dong’ – or a mid–air collision between multiple ding dongs (or the Harbour Bridge) – turns a spectacular shot into a disaster.

You can find out more about drone rules and regulations on the CASA website.