Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:17:p16
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 17 (pt 16/23)
Character Range: 1818295–1820991

water immediately below the aeroplane;
 (i) the aircraft is engaged in a procedure to determine the suitability of an aerodrome for a landing.
 (5) A person commits an offence of strict liability if the person contravenes subregulation (2) or (3).
Penalty: 50 penalty units.

91.267  Minimum height rules—other areas
 (1) This regulation applies if an aircraft is flown other than over a populous area or a public gathering.
Note: This regulation does not apply to certain medical transport operations in a rotorcraft and certain aerial work operations: see regulations 133.167 and 138.275.
 (2) The pilot in command of an 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 or landing in circumstances prescribed by the Part 91 Manual of Standards;
 (b) the aircraft is engaged in a missed approach;
 (c) the aircraft:
 (i) is not carrying passengers; and
 (ii) is engaged in a practice emergency procedure at an aerodrome;
 (d) 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;
 (e) the aircraft:
 (i) is being operated by a Part 141 operator to conduct low‑flying flight training or by a Part 142 operator to conduct a low‑flying activity; and
 (ii) is being flown over an area that, with the consent of the person or authority with control of the area, has been determined by the operator to be a suitable flight training area for the training and has been surveyed by the pilot in command for obstacles before the flight; and
 (iii) is not carrying passengers;
 (f) the aircraft is performing training circuits at an aerodrome;
 (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 is authorised under Part 61, or holds an approval under regulation 91.045, 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 or of livestock;
 (i) for a rotorcraft—the rotorcraft is hovering,