64Control of airspace

64 Control of airspace

64 Control of airspace

(1) A person must not, during State air navigation, cause an aircraft to enter, or operate the aircraft within, regulated airspace if the airspace is over an area—

(a) that is an event area for a motor race, and

(b) at which a motor race is being held.

Maximum penalty—2,000 penalty units.

(2) This section does not apply to the entry or 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, or

(c) an aircraft permitted to enter and operate within the airspace under a relevant Commonwealth Act, or

(d) a commercial aircraft on a commercial route, or

(e) an aircraft authorised by the promoter for the motor race, or

(f) an aircraft prescribed by the regulations.

(3) The provisions of this section prevail to the extent of any inconsistency between this section and air navigation regulations applied to State air navigation by the Air Navigation Act 1938.

(4) In this section—

aircraft includes a drone.

regulated airspace means airspace the Civil Aviation Safety Authority has decided under the Airspace Regulations 2007 of the Commonwealth to be—

(a) a control area, or

(b) a control zone, or

(c) a restricted area.

State air navigation means air navigation within New South Wales.