38Control of airspace

38 Control of airspace

38 Control of airspace

(1) 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 New South Wales to and in relation to which the Commonwealth Air Navigation Regulations are applied as if they were State law by section 4 of the Air Navigation Act 1938.

(2) A person must not, during a major event 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 area 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—2,000 penalty units.

(3) 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 1938).

(4) This section does not apply to the operation of—

(a) a military aircraft, or an aircraft of the NSW Police Force, 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.

s 38: Am 2022 No 12, Sch 1[15].