Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:7:p5
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 7 (pt 5/51)
Character Range: 2377811–2380536

evidential burden in relation to the matter in subregulation (2): see subsection 13.3(3) of the Criminal Code.
Subpart 103.D—Operational procedures

103.045  Minimum height rules—other than over populous areas or public gatherings
 (1) This regulation applies if a Part 103 aircraft is flown other than over a populous area or a public gathering.
Note: For minimum height rules if an aircraft is flown over a populous area or a public gathering, see regulation 91.265.
 (2) The pilot in command of a Part 103 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, operating or landing in circumstances prescribed by the Part 103 Manual of Standards for the purposes of this paragraph;
 (b) the aircraft is engaged in a missed approach;
 (c) the aircraft is a glider engaged in ridge or hill soaring;
 (d) the aircraft:
 (i) is not carrying passengers; and
 (ii) is engaged in a practice emergency procedure at an aerodrome;
 (e) 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;
 (f) the aircraft is performing training circuits at an aerodrome in circumstances prescribed by the Part 103 Manual of Standards for the purposes of this paragraph;
 (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 holds an approval under regulation 103.020 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;
 (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