Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:12:p7
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 12 (pt 7/30)
Character Range: 2298945–2301438

the licence.
Note: For paragraph (b), for example, if a remote pilot licence states that the holder is authorised to operate a small RPA with a gross weight of not more than 7 kg that is an aeroplane, a small RPA with a gross weight of 10 kg that is an aeroplane may be an excluded RPA when operated by that holder. However, a small RPA (of any weight) that is a helicopter cannot be an excluded RPA when operated by that holder, because an aeroplane is not of the same category of RPA as a helicopter (see the definition of category in Part 1 of the Dictionary).
 (7) A medium RPA is an excluded RPA if it is being operated:
 (a) by or on behalf of the owner of the RPA; and
 (b) by a person who holds a remote pilot licence that authorises the person to operate the RPA; and
 (c) over land owned or occupied by the owner of the RPA; and
 (d) in standard RPA operating conditions; and
 (e) for the purposes of one or more of the following:
 (i) aerial spotting;
 (ii) aerial photography;
 (iii) agricultural operations;
 (iv) aerial communications retransmission;
 (v) the carriage of cargo;
 (vi) any other activity that is similar to an activity mentioned in the subparagraphs above; and
  for which no remuneration is received by the operator or owner of the RPA, the owner or occupier of the land or any person on whose behalf the activity is being conducted.
 (8) An RPA is an excluded RPA if it is being operated:
 (a) by a person solely for the purpose of the person receiving training from an RPA operator who holds a certificate under Division 101.F.4 that authorises the operator to conduct operations using the RPA; and
 (b) in accordance with the operator's documented training procedures.

101.238  Meaning of standard RPA operating conditions
  An RPA is operated in standard RPA operating conditions if, at all times during the operation:
 (aa) the RPA is operated in Australian territory; and
 (a) the RPA is operated within the visual line of sight of the person operating the RPA; and
 (b) the RPA is operated at or below 400 ft AGL by day; and
 (c) the RPA is not operated within 30 m of a person who is not directly associated with the operation of the RPA; and
 (d) the RPA is not operated:
 (i) in a prohibited area; or
 (ii) in a restricted area that is classified as RA3; or
 (iii) in a restricted area that is classified as RA2 or RA1 otherwise than in accordance with regulation 101.065; or
 (iv) over a populous area; or
 (v) within 3 nautical miles of the movement