Bit of a trap what you have quoted there:
"The operator of a model aircraft weighing over 100 grams is required to obtain permission before flying a model above 400 ft AGL within controlled airspace or within 3
nautical miles of an aerodrome."
The assumption of obtaining permission from the "landholder" is wrong in this regard, the permission needs be sought from CASA (101.030(1))
However:
101.400 Operation of model aircraft outside approved areas.
"A person may operate a model aircraft outside an approved area above 400 feet AGL only if he or she: (a) keeps it in sight; and (b) keeps it clear of populous areas"No mention is made in the regulations regarding land owners permission, this however may be a condition of any applicable insurance cover.
This document is an advisory, to date I believe it is still a current advisory
http://www.casa.gov.au/scripts/nc.dll?W ... 101c03.pdfdo not treat it as a Regulations/Rules, page 1 includes this "advisory"
"Advisory Circulars are intended to provide recommendations and guidance to illustrate a means but not necessarily the only means of complying with the Regulations, or to explain certain regulatory requirements by providing interpretative and explanatory material.
Where an AC is referred to in a ‘Note’ below the regulation, the AC remains as guidance material.
ACs should always be read in conjunction with the referenced regulations"Bio, you quoted 8.2.1 from the Advisory, scarey stuff if you treat it as Regulation/Rule, only part of it is as stated in 101.400.
then you have this following and I have highlighted the operative word
8.2.2 Try to fly at a site which is already established rather than trying to obtain individual permission. The model associations are listed in Appendix K and should be able to advise you of local sites.This does not prevent you from finding your own flying site as long as you obey the two magic numbers 3nm & 400Ft AGL.
A stated Regulation/Rule will carry a penalty point value at it's conclusion, these are the ones that are enacted in law. You can not be charged for operating against or outside an Advisory, only if you are acting in contravention of a Regulation.
I made that all sound too easy and it probably is, if not for
101.395 Keeping model aircraft away from people
(1) A person must not operate a model aircraft over a populous area at a height less than the height from which, if any of its components fails, it would be able to clear the area.
Penalty: 50 penalty units.So be aware of this definition
101.025 Meaning of populous area
For this Part, an area is a populous area in relation to the operation of an unmanned aircraft or rocket if the area has a sufficient density of population for some aspect of the operation, or some event that might happen during the operation (in particular, a fault in, or failure of, the aircraft or rocket) to pose an unreasonable risk to the life, safety or property of somebody who is in the area but is not connected with the operation.So if someone really wanted to shut you down that would be the one and I believe penalty points are about $75 each.......ouch.
That's the CASA bit, now the Council OR "publicly held lands".
It would be dangerous to assume that if there was no sign then "it's orright Jack". Councils have a multitude of Laws and By Laws, some cover all and some are selective to a particular situation. In any legal aspect ignorance is not a defence, it may influence the penalty if deemed that a reasonable attempt had been made to ascertain a position. This could only be tested in a court, if you have the time and money.
In your case I would ask a directed question of the Council ergo "Can I fly a remote control electric powered aircraft weighing XXXg at "Bio's Favourite" Park" and keep trying different parks until you get a yes.
I fly at a sports complex owned by private school, Council or CASA permission is not required however we have to vacate if others have prebooked. A local resident (heli pilot) liked to buzz the field when we are flying to interrupt our enjoyment. His excuse was that the field was part of his flight path to his helipad, If we didn't cease and desist a report would be made to CASA and charges would be laid. Following the last "buzzing" a complaint was made, by one of our group to the local airport authority, apparently the heli pilot was advised not to stray outside his designated flight corridor again. He hasn't been seen or heard of again. I digress.
See if you can get permission from a private land holder eg school, church, cattle yard, gun club or even a business. If they say yes and your not within 3nm of an aerodrome and keep it under 400ft AGL in controlled airspace you can keep making those wild videos of yours
above all be safe.
Just a thought, add some floats and use the Brisbane River. Flying boats used to dock at Bretts Wharf, what harm is a little foamie going to do.