Document ID: chunk:federal_register_of_legislation:F2006C00316:body:0:p8
Version: federal_register_of_legislation:F2006C00316
Segment Type: other
Provision Reference: 
Character Range: 17619–20287

licence):
 (i) issued under Part 5 of the Regulations; and
 (ii) that allows the holder to fly in the controlled airspace;
(e) the pilot has satisfactorily completed an aeroplane flight review in accordance with regulation 5.81, 5.108 or 5.169 of the Regulations;
(e) if the controlled airspace in which the aeroplane is operating requires a transponder to be fitted — the aeroplane is fitted with a transponder suitable for use in the airspace.

6 Provisions relating to flight height limitations
       6.2For the purposes of subparagraph 5.1 (b), the conditions, 1 of which must be complied with for an aeroplane to be flown at less than 500 feet above ground level, are:
(a) the aeroplane must be flying in the course of actually taking-off or landing; or
(b) the aeroplane must be flying:
 (i) over land that is owned by, or under the control of, the pilot or of another person (including the Crown) who, or an agent or employee of whom, has given permission for the flight over the land at such a height; and
 (ii) at a distance of at least 100 metres horizontally from any person (other than any person associated with the operation of the aeroplane) and from any public road; or
(c) the pilot of the aeroplane must be engaged in flying training and the aeroplane must be flying over a part of a flying training area over which CASA has, under subregulation 141 (1) of the Regulations, authorised low flying.

7 Approval of flights not complying with flight conditions
       7.1A person who wants to fly an aeroplane to which this section applies, otherwise than in accordance with the flight conditions set out in paragraph 5.1 or 5.2, may apply to CASA for approval of the flight.
       7.2The application must:
(a) be in writing; and
(b) include details of the proposed flight; and
(c) be made at least 28 days before the proposed flight.
       7.3CASA may, by writing, approve the application.
       7.4The approval:
(a) must specify which of the flight conditions set out in paragraph 5.1 or 5.2 do not apply to the use, by the applicant, of the aeroplane in the proposed flight; and
(b) may specify conditions to be complied with in relation to the proposed flight.
       7.5If the proposed flight takes place in accordance with the approval (including any conditions specified in the approval in accordance with subparagraph 7.4 (b)), the use by the applicant of the aeroplane in the flight is not subject to the flight conditions specified in the approval in accordance with subparagraph 7.4 (a).
Note 1   Definitions of some expressions used in this section can be found in regulation 2 of the Regulations (subregulation 5 (2) of those Regulations