(1) This regulation applies if a Part 103 aircraft is flown other than over a populous area or a public gathering.
Note: For minimum height rules if an aircraft is flown over a populous area or a public gathering, see regulation 91.265.
(2) The pilot in command of a Part 103 aircraft for a flight contravenes this subregulation if, during the flight:
(a) the aircraft is flown below 500 ft above the highest feature or obstacle within a horizontal radius of 300 m of the point on the ground or water immediately below the aircraft; and
(b) none of the circumstances mentioned in subregulation (3) applies.
(3) The circumstances are the following:
(a) the aircraft is taking off, operating or landing in circumstances prescribed by the Part 103 Manual of Standards for the purposes of this paragraph;
(b) the aircraft is engaged in a missed approach;
(c) the aircraft is a glider engaged in ridge or hill soaring;
(d) the aircraft:
(i) is not carrying passengers; and
(ii) is engaged in a practice emergency procedure at an aerodrome;
(e) the aircraft:
(i) is not carrying passengers; and
(ii) is engaged in a practice forced landing procedure with the consent of the person or authority having control over the land or water above which the procedure is carried out;
(f) the aircraft is performing training circuits at an aerodrome in circumstances prescribed by the Part 103 Manual of Standards for the purposes of this paragraph;
(g) the pilot holds an approval for the purposes of regulation 91.180 (air displays in Australian territory);
(h) all of the following apply:
(i) the pilot in command of the aircraft holds an approval under regulation 103.020 to fly the aircraft below the height mentioned in paragraph (2)(a);
(ii) the pilot in command of the aircraft conducts a risk assessment of the area to be flown over;
(iii) the point on the ground or water vertically below the aircraft is not within 150 m of a person, vessel, vehicle or structure;
(i) for a rotorcraft--the rotorcraft is hovering, air transiting, air taxiing or ground taxiing at an aerodrome;
(j) for a rotorcraft, seaplane or amphibian--the aircraft is flying within an access lane:
(i) that is for use by aircraft taking off from, or landing at, a particular place; and
(ii) details of which are published in the authorised aeronautical information for the flight;
(k) the aircraft is engaged in a procedure to determine the suitability of an aerodrome for a landing.
(4) A person commits an offence of strict liability if the person contravenes subregulation (2).