The use of drones is strictly prohibited in protected areas, unless certain criteria are met, in accordance with the relevant authorities, regulations and restrictions.
If drones interest you, please read further about the relevant technicalities and legalities in place.
The use of Unmanned Aircraft Systems (UAS), or drones, in protected areas is an interesting topic to divulge into, which often harbours questions about relevant uses and restrictions. In the interests of clarity, here is a breakdown of how and why authorised and approved management flights using drones are possible in the UPNR, which is a declared protected area:
While drone use is becoming more popular in both professional and recreational fields, it is a strictly regulated activity. In accordance with the necessary regulations in place, the UPNR has a drone policy that is in line with the Associated Private Nature Reserves (APNR) drone policy, South African Civil Aviation Authority (SACAA) regulations, Part 101 of the Civil Aviation Regulations, and the Protected Areas Act No. 57 of 2003.
As per the above regulations and authorities, management flights using UAS or drones can be authorised, provided certain criteria are met. Before we delve into those criteria, it is important to note that the APNR and UPNR have a no drone policy, unless for approved management purposes and according to all regulations and relevant policies. Examples of the use of drone-based management flights includes the following areas of concern, amongst others:
- Conservation and research purposes (such as wildlife monitoring and interventions)
- Reserve management (such as fire monitoring, emergency use, infrastructural surveying, EIA’s, flood damage assessments, veld management and monitoring, etc.)
- Security purposes
- Counter poaching initiatives
There are many uses and benefits of controlled and regulated use of UAS within the UPNR, however this is only possible when all approvals and legal authorisations are in place.
Here are some of the relevant points to be mindful of relating to authorised and legal drone use:
The drone in use must be registered and approved for use by the SACAA, by way of a valid UAS Letter of Authority (UASLA)
The UAS may only be operated in accordance with Part 101 of the South African Civil Aviation Regulations, including operation under an Unmanned Aircraft Systems Operating Certificate (UASOC)
The pilot shall hold a valid Remote Pilot Certificate (RPC) with required ratings, and a valid class 3 aviation medical certificate
The operator must have appropriate radio communications to facilitate communications with aircraft and air traffic control during the flight, and all relevant and required communications with the air traffic controller and aircraft must be adhered to
All flights must be approved by SACAA and UASOC prior to take-off, and must comply with SACAA regulations, including altitude and distance regulations and restrictions
However, being a declared protected area, as well as being part of the UPNR, the APNR, and being within the restricted flight space of the Kruger National Park (KNP), drone use in the UPNR is further regulated to include the following: SACAA regulations, Part 101 of the Civil Aviation Regulations, the Protected Areas Act No. 57 of 2003, the APNR drone policy, the UPNR drone policy and the Flexible Use of Airspace Agreement.
Ultimately, for any UAS management flight to be undertaken in the UPNR, the following regulations are in place, amongst others, and must be adhered to:
- All flights must be approved by SACAA, the registered UASOC and UPNR Management Authority EXCO, and relevant radio communications with nearby flight control towers and aircraft must be adhered to
- UPNR Management Authority EXCO must approve all flights, with an application for each flight, including valid reasoning
Flights are undertaken under a company that has an UAS Operating Certificate (UASOC)
- An authorised, registered and licenced pilot is used, with approval to fly from SACAA (and UASOC)
- Relevant and appropriate approvals from the director of the SACAA for each drone flight and operation, with all relevant approvals from SACAA in place for the region or area of concern
- All flight details are appropriately and transparently recorded with the appropriate authorities
- Annual audits are conducted on all relevant licencing, operating machinery and records
- UPNR Policy for UAS in place, as required by SACAA, Part 101 of the Civil Aviation Regulations and Protected Areas Act No. 57 of 2003
- All landowners are to be informed of upcoming authorised flights prior to take-off
It is therefore vital that ALL relevant approvals are given for any flights undertaken. This includes approval from SACAA, UASOC, APNR, UPNR and KNP authorities prior to any flight. The SACAA has confirmed and approved the use of drones, by licenced and registered pilots of the company and reserve, for conservation and management purposes, and in line with their regulations and Flexible Use of Airspace agreement.
Although this information is specific to the UPNR, most declared protected areas will have similar regulations and policies in place, which allows for the strict and regulated use of drones for management purposes in accordance with their relevant requirements. It is important to note that it is illegal to operate UAS or drones in protected areas without the appropriate and required approvals, licencing, registrations and authorisations.
While the above legalities, regulations and restrictions can be quite a lot to take in, it is imperative that these are in place and adhered to. The use of UAS or drones can offer amazing benefits in an environment such as this, but also has the ability to cause harm, detriment or serious safety concerns. In addition, the irresponsible use of drones may negatively affect animals and the environment. By adhering to the above, the UPNR will be able to expand or maximise efficacy in conservation efforts - something that can be of immense help when the appropriate situations arise.
Should you wish to read more about the relevant regulations and restrictions in place, please reach out to us for links to the appropriate resources relating to Protected Areas Act No. 57 of 2003, or Part 101 of the Civil Aviation Regulations.
Thank you to the Warden of the UPNR, Wimpie Pretorius, for assisting with the relevant information for this article, and for his contributions towards the UPNR Drone Policy and the development of the drone project in the region.
We look forward to seeing the positive impacts on conservation, growth and development within the UPNR in the coming years!
Words by Tess Woollgar. Image courtesy of Dile Seitz.