Commonwealth Consolidated Regulations

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Minimum height rules--other areas

             (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).

Penalty:  50 penalty units.

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