Commonwealth Numbered Regulations

1988 NO. 158 CIVIL AVIATION REGULATIONS - REG 140

140. (1) The Authority may, by notice in writing, declare an area of
Australian territory, specified in the notice by reference to its boundaries,
to be a prohibited area, a restricted area or a danger area, either without
limitation as to time or for such period as is specified in the notice.

(2) The Authority shall not, under subregulation (1):

   (a)  declare an area to be a prohibited area unless, in the Authority's
        opinion, it is necessary for reasons of military necessity to prohibit
        the flight of aircraft over the area;

   (b)  declare an area to be a restricted area unless, in the Authority's
        opinion, it is necessary in the interests of public safety to permit
        the flight of aircraft over the area only in accordance with specified
        conditions; or

   (c)  declare an area to be a danger area unless, in the Authority's
        opinion, there exist within or over the area activities that
        constitute a potential danger to aircraft flying over it.

(3) Where the Authority declares a prohibited area, a restricted area or a
danger area under subregulation (1), the Authority shall publish notice of the
declaration of the area, including details of its boundaries, in Aeronautical
Information Publications or, where the area is declared to be a prohibited
area, restricted area or danger area for a period not exceeding 3 months, in
NOTAMS.

(4) A notice referred to in subregulation (1) or (3) shall:

   (a)  in the case of a notice declaring a restricted area, specify the
        conditions in accordance with which the flight of aircraft over the
        area is permitted; and

   (b)  in the case of a notice declaring a danger area, contain sufficient
        information as to the nature of the danger to enable the pilot in
        command of an aircraft to take adequate precautions.

(5) An aircraft shall not:

   (a)  fly over a prohibited area; or

   (b)  fly over a restricted area except in accordance with the conditions
        specified in the notice declaring the area to be a restricted area.

(6) If the pilot in command of an aircraft finds that the aircraft is over a
prohibited area or a restricted area in contravention of subregulation (5),
the pilot shall:

   (a)  immediately have the aircraft flown to a position where it is not over
        the area;

   (b)  as soon as possible report the circumstances to the nearest
        Air Traffic Control unit; and

   (c)  land at such aerodrome as is designated by the Air Traffic Control
        unit and, for that purpose, obey any instructions given by the
        Air Traffic Control unit as to the movement of the aircraft.

(7) As soon as possible after the declaration of a prohibited area or of a
restricted area, other than an area declared to be a prohibited area or
restricted area for a period not exceeding 3 months, the Authority shall
communicate to the International Civil Aviation Organization and to
Contracting States the extent and location of the area.