The Department of Civil Aviation has warned the media it is illegal to use a remote-controlled helicopter to capture aerial photographs.

The warning follows The Royal Gazette’s front page picture on Wednesday taken above the Gibbs Hill Lighthouse, currently under construction.

A video of the flight was placed on The Royal Gazette website.

In an e-mail sent to the Island’s media, Department of Civil Aviation Head of Operations Peter Adhemar said the practice of aerial photography was regulated under the Air Navigation (Overseas Territory) Order 2013.

“The legislation requires that such activity is approved by the Governor and where some kind of reward is gained, either in kind or monetary (selling more papers or increased readership) an Aerial Work Certificate is required,” Mr Adhemar wrote.

“The Order describes the law at Article 73, and it appears that [The Royal Gazette] has been operating what is termed a ‘small unmanned surveillance aircraft’. These laws can be found on www.airsafety.aero, and are applicable to all UK Overseas Territories.

“Also in that legal document are the laws regarding aerial work certificates. The fees for this work are to be found on the BDCA website in the published fee schedule.”

Picture editor David Skinner said yesterday: “I have always instructed The Royal Gazette photographers to abide by the letter of the law when covering assignments but I was completely caught off guard when I was informed by the Department of Civil Aviation that one needs approval to fly a hobby helicopter with a camera mounted to it.”

Royal Gazette Associate Editor Adrian Robson added: “It is never the intention of The Royal Gazette to fall foul of law, but none of our staff were aware of the legislation when these pictures were taken.

“And we suspect that other media, and members of the public, who own this type of equipment, have not been fully briefed on what constitutes illegal activity as it applies to aerial photography, despite Mr Ademar’s assertion that this has been the case.

“We will be closely examining the legislation to ensure that in the future we will conform to the law.”