Document ID: chunk:federal_register_of_legislation:F2024L01538:body:0:p9
Version: federal_register_of_legislation:F2024L01538
Segment Type: other
Provision Reference: 
Character Range: 20970–23645

A relevant aircraft must not be flown within 5 nautical miles of a certified aerodrome unless the pilot holds a valid pilot certificate endorsed for that type of activity and flies the aircraft in accordance with the relevant sport aviation body's operations manual or, if the sport aviation body is an ASAO, its exposition.
       12.1G A relevant aircraft must not be flown above a body of water at a horizontal distance from a suitable landing area of more than:
(a) the distance that the aircraft could glide in case of engine failure; or
(b) if each person on board the aircraft is wearing a life jacket and the aircraft is equipped with a serviceable radiocommunication system and an automatic ELT or survival ELT:
 (i) 25 nautical miles from a suitable landing area; or
           (ii) in the case of a flight between Tasmania and mainland Australia in either direction — a longer route if taking advantage of safer weather conditions.
       12.1H A relevant aircraft must not be flown over a populous area or public gathering unless:
(a) a certificate of airworthiness under regulation 21.176 of CASR is in force for the aircraft, or would be in force were it not for the operation of paragraph 21.181(4)(a) of CASR; or
(b) subject to paragraph 12.1J, for an aircraft in relation to which either:
           (i) an experimental certificate under regulation 21.195A of CASR is in force, or would be in force were it not for the operation of subregulation 21.195B(4) of CASR; or
 (ii) an SAB flight permit is in force;
 there is an approval in force under regulation 91.045 or 91.050 of CASR authorising the flight over the area or gathering, which approval imposes no conditions or limitations that would prevent the flight.
12.1J An approval under regulation 91.045 or 91.050 of CASR mentioned in subparagraph 12.1H(b) is not required for a flight in a relevant aircraft if:
(a) the flight is over a populous area that is not the built-up area of a city or town; or
(b) the flight is over a public gathering and the aircraft is only passing over the public gathering for the purpose of:
           (i) arrival or departure from an aerodrome, in the course of normal navigation; or
           (ii) transit, in the course of normal navigation.
       12.1K A relevant aircraft may only be flown in:
(a) Class E or G airspace; or
(b) subject to subsection 12A — Class A, B, C or D airspace or a restricted area.
       Note   CASA determines classes of airspace by instrument under regulation 5 of the Airspace Regulations 2007. At the commencement of this Note, the instrument was CASA OAR 186/24 — Determination of Airspace and Controlled Aerodromes, Etc. (Designated