Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies if an aircraft is flown other than 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 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 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:
(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;
(e) the aircraft:
(i) is being operated by a Part 141 operator to conduct low - flying flight training or by a Part 142 operator to conduct a low - flying activity; and
(ii) is being flown over an area that, with the consent of the person or authority with control of the area, has been determined by the operator to be a suitable flight training area for the training and has been surveyed by the pilot in command for obstacles before the flight; and
(iii) is not carrying passengers;
(f) the aircraft is performing training circuits at an aerodrome;
(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 is authorised under Part 61, or holds an approval under regulation 91.045, 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 or of livestock;
(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).