Civil Aviation Regulations (Amendment) (Cth)

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Statutory Rules 1990 No. 2151

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Civil Aviation Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Civil Aviation Act 1988.

Dated 26 June 1990.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

Bob Collins

Minister of State for Shipping and Aviation Support

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Principal Regulations

1. In these Regulations, “Principal Regulations” means the Civil Aviation Regulations.

Repeal

2. Regulation 142 of the Principal Regulations is repealed.

Low flying

3. Regulation 157 of the Principal Regulations is amended:

(a) by omitting subregulations (1) and (2) and substituting the following subregulation:

“(1) An aircraft must not fly over:

(a) any city, town or populous area, at a height lower than:

(i) in the case of an aircraft other than a helicopter— 1,500 feet; or

(ii) in the case of a helicopter—1,000 feet; or

(b) any other area at a height lower than 500 feet.”;

 

(S.R. 409/89)—Cat. No. 14/24.4.1990

 

(b) by omitting subregulation (3) and substituting the following subregulation:

“(3) A height specified in subregulation (1) is the height above the highest point of the terrain, and any object on it, within a radius of:

(a) in the case of an aircraft other than a helicopter—600 metres; or

(b) in the case of a helicopter—300 metres;

from a point on the terrain vertically below the aircraft.”;

(c) by inserting after subregulation (3) the following subregulation:

“(3a) Paragraph (1) (a) does not apply in respect of a helicopter flying at a designated altitude within an access lane details of which have been published in the AIP or NOTAMS for use by helicopters arriving at or departing from a specified place.’”:

(d) by omitting from subregulation (4) “The provisions of subregulations (1) and (2) shall” and substituting “Subregulation (1) does”;

(e) by omitting paragraph (4) (f) and substituting the following paragraphs:

“(f) the pilot of the aircraft is engaged in:

(i) a search; or

(ii) a rescue; or

(iii) dropping supplies;

in a search and rescue operation: or

(g) the aircraft is a helicopter:

(i) operated by or for the purposes of, the Australian Federal Police or the police force of a State or Territory; and

(ii) engaged in law enforcement operations.”.

Suspension of licence or certificate pending investigation

4. Regulation 268 of the Principal Regulations is amended by omitting subregulation (1) and substituting the following subregulation:

“(1) Where the Authority has reason to believe:

(a) that there may exist facts or circumstances that would justify the variation, suspension or cancellation of a licence or certificate on a ground specified in regulation 269; and

(b) that there may be a serious risk to air safety if the licence or certificate were not suspended;

the Authority may, by notice in writing served on the holder of the licence or certificate, suspend the licence or certificate.”.

 

Repeal

5. Regulations 271 and 300 of the Principal Regulations are repealed.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 4 July 1990.

2. Statutory Rules 1988 No. 158 as amended by 1988 Nos.209, 373 and 376; 1989 Nos. 31 and 276; 1990 No. 100.

 

Printed by Authority by the Commonwealth Government Printer

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