Commonwealth Consolidated Regulations

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Low flying

             (1)  The pilot in command of an aircraft must not fly the aircraft over:

                     (a)  any city, town or populous area at a height lower than 1,000 feet; or

                     (b)  any other area at a height lower than 500 feet.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

             (3)   A height specified in subregulation (1) is the height above the highest point of the terrain, and any object on it, within a radius of:

                     (a)  in the case of an aircraft other than a helicopter--600 metres; or

                     (b)  in the case of a helicopter--300 metres;

from a point on the terrain vertically below the aircraft.

          (3A)   Paragraph (1)(a) does not apply in respect of a helicopter flying at a designated altitude within an access lane details of which have been published in the AIP or NOTAMS for use by helicopters arriving at or departing from a specified place.

             (4)   Subregulation (1) does not apply if:

                     (a)  through stress of weather or any other unavoidable cause it is essential that a lower height be maintained; or

                     (b)  the aircraft is engaged in private operations or aerial work operations, being operations that require low flying, and the owner or operator of the aircraft has received from CASA either a general permit for all flights or a specific permit for the particular flight to be made at a lower height while engaged in such operations; or

                     (c)  the pilot of the aircraft is receiving flight training in low-level operations or aerial application operations, within the meaning of Part 61 of CASR; or

                     (d)  the pilot of the aircraft is engaged in a baulked approach procedure, or the practice of such procedure under the supervision of a flight instructor or a check pilot; or

                     (e)  the aircraft is flying in the course of actually taking-off or landing at an aerodrome; or

                      (f)  the pilot of the aircraft is engaged in:

                              (i)  a search; or

                             (ii)  a rescue; or

                            (iii)  dropping supplies;

                            in a search and rescue operation; or

                     (g)  the aircraft is a helicopter:

                              (i)  operated by, or for the purposes of, the Australian Federal Police or the police force of a State or Territory; and

                             (ii)  engaged in law enforcement operations; or

                     (h)  the pilot of the aircraft is engaged in an operation which requires the dropping of packages or other articles or substances in accordance with directions issued by CASA.

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