Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:5:p32
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 5 (pt 32/36)
Character Range: 3092254–3094947

strict liability.

137.140  Minimum height and lateral separation for operation
 (1) Subject to subregulations (2), (3) and (4) the pilot in command of an aeroplane engaged in an application operation may fly at any height while:
 (a) over the work area; or
 (b) travelling from the landing area used for loading the aeroplane to the work area.
 (2) In a populous area, the aeroplane must not fly closer than 100 metres, measured horizontally, from an occupied building.
Penalty: 25 penalty units.
 (3) In an area other than a populous area the aeroplane must not fly less than 350 feet AGL while closer than 100 metres, measured horizontally, from an occupied building.
Penalty: 25 penalty units.
 (4) The aeroplane may fly closer to a building and to the ground than provided for in subregulation (2) or (3) if:
 (a) more than 48 hours before the proposed operation, the occupier of the building was notified in writing about the operation and did not object to the operator about it; or
 (b) if it was not reasonably practicable to give written notice—the occupier was notified verbally before the operation and did not object to the operator about it.
 (5) A contravention of subregulation (2) or (3) is an offence of strict liability.

137.145  Application over populous areas
 (1) A person may conduct an application operation over a populous area only if:
 (a) the person is an operator; and
 (b) the procedures for the operation are set out in the operations manual; and
 (c) the operation was requested by a person that, under a law of a State or Territory, may authorise the operation.
Penalty: 25 penalty units.
 (2) An operator must, before conducting the operation, make a plan for the operation that:
 (a) includes consultation with the person that requested the operation; and
 (b) identifies any obstructions to flight and sets out how these will be avoided; and
 (c) identifies the most suitable emergency landing area for the operation; and
 (d) sets out any coordination with ATC that is necessary for the operation.
Penalty: 25 penalty units.

 (3) A contravention of subregulation (1) or (2) is an offence of strict liability.

137.150  In‑flight fuel management
 (1) The pilot in command of an aeroplane engaged in an application operation must plan a flight for the operation so that, at all times, the aeroplane has enough fuel to complete the flight safely.
Penalty: 50 penalty units.
 (2) If an operations manual applies to the pilot, it must set out:
 (a) the procedures that the pilot must follow to ensure that the aeroplane carries enough fuel; and
 (b) a procedure to ensure that in‑flight fuel checks and fuel management are carried out.
 (3) A contravention of