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s 12

Control of airspace

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Part 3Commercial activities, broadcasting and airspace controls
Division 3Control of airspace

12 Control of airspace

(1)

A person must not, during a major event to which this section is declared to apply and in the course of State air navigation, cause an aircraft to enter, or operate an aircraft within, controlled airspace or a restricted area that is over a major event venue unless permitted to do so by or under relevant Commonwealth law (including permission by or under an instrument given under such a law). Maximum penalty: Maximum penalty:

(a)

in the case of a body corporate—$500 000;

(b)

in the case of a natural person—$100 000.

(2)

The provisions of this section prevail to the extent of any inconsistency between this section and the provisions of the Commonwealth Air

Navigation Regulations (as applied to and in relation to State air navigation by the Air Navigation

Act 1937).

(3)

This section does not apply to the operation of—

(a)

a military aircraft, or an aircraft of South Australia Police, when being operated for military, security or emergency purposes; or

(b)

an aircraft when being operated exclusively for emergency purposes relating to human life or safety, or the protection of property.

(4)

In this section—

CASA means the Civil Aviation Safety Authority established by the Civil Aviation Act

1988 of the Commonwealth;

Commonwealth Air Navigation Regulations means the Air Navigation Regulations

1947 of the Commonwealth;

Commonwealth Airspace Regulations means the

Airspace Regulations

2007 of the Commonwealth;

controlled airspace means airspace that CASA has determined under the Commonwealth Airspace Regulations to be a control area or control zone;

restricted area means airspace that CASA has declared under the Commonwealth Airspace Regulations to be a restricted area;

State air navigation means air navigation within

South Australia to and in relation to which the Commonwealth Air Navigation

Regulations are applied as if they were State law by section 5 of the

Air Navigation

Act 1937.

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