Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 137.140

Minimum height and lateral separation for operation

             (1)  Subject to subregulations (2), (3) and (4) the pilot in command of an aeroplane engaged in an application operation may fly at any height while:

                     (a)  over the work area; or

                     (b)  travelling from the landing area used for loading the aeroplane to the work area.

             (2)  In a populous area, the aeroplane must not fly closer than 100 metres, measured horizontally, from an occupied building.

Penalty:  25 penalty units.

             (3)  In an area other than a populous area the aeroplane must not fly less than 350 feet AGL while closer than 100 metres, measured horizontally, from an occupied building.

Penalty:  25 penalty units.

             (4)  The aeroplane may fly closer to a building and to the ground than provided for in subregulation (2) or (3) if:

                     (a)  more than 48 hours before the proposed operation, the occupier of the building was notified in writing about the operation and did not object to the operator about it; or

                     (b)  if it was not reasonably practicable to give written notice--the occupier was notified verbally before the operation and did not object to the operator about it.

             (5)  A contravention of subregulation (2) or (3) is an offence of strict liability.



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