Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies if an aircraft is flown over a populous area or a public gathering.
Note: This regulation does not apply to certain medical transport operations in a rotorcraft and certain aerial work operations: see regulations 133.167 and 138.275.
(2) The pilot in command of an aeroplane for a flight contravenes this subregulation if, during the flight:
(a) the aeroplane is flown below 1,000 ft above the highest feature or obstacle within a horizontal radius of 600 m of the point on the ground or water immediately below the aeroplane; and
(b) none of the circumstances mentioned in subregulation (4) applies.
(3) The pilot in command of a rotorcraft for a flight contravenes this subregulation if, during the flight:
(a) the rotorcraft is flown below 1,000 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 rotorcraft; and
(b) none of the circumstances mentioned in subregulation (4) applies.
(4) The circumstances are the following:
(a) the aircraft is taking off or landing in circumstances prescribed by the Part 91 Manual of Standards;
(b) the aircraft is engaged in a missed approach;
(c) the aircraft:
(i) is not carrying passengers; and
(ii) is engaged in a practice emergency procedure at an aerodrome;
(d) the aircraft is performing training circuits at an aerodrome;
(e) the pilot in command holds an approval for the purposes of regulation 91.180 (air displays in Australian territory);
(f) for a rotorcraft--the rotorcraft is hovering, air transiting, air taxiing or ground taxiing at an aerodrome;
(g) 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;
(h) for a single - engine seaplane or a single - engine amphibian:
(i) the aeroplane is operating over water and within safe gliding distance of open water suitable for a forced landing; and
(ii) the aeroplane is not flown below 1,000 ft above the highest feature or obstacle within a horizontal radius of 300 m of the point on the water immediately below the aeroplane;
(i) the aircraft is engaged in a procedure to determine the suitability of an aerodrome for a landing.
(5) A person commits an offence of strict liability if the person contravenes subregulation (2) or (3).