PART 2
GENERAL RULES AND AVIATION SAFETY INSTRUMENTS
Division 1 — General rules
Prohibited operation of unmanned aircraft
4.—(1)  A person must not operate an unmanned aircraft outdoors within the boundaries of any prohibited area.
(2)  A person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction —
(a)for a first offence, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; and
(b)for a second or subsequent offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.
(3)  In a prosecution for an offence under paragraph (2), it is not necessary for the prosecution to prove that the person charged with the offence intended to commit the offence.
(4)  To avoid doubt, a UA operator permit, a UA pilot licence and an activity permit do not authorise the holder to act in contravention of paragraph (1).
Prohibited use of psychoactive substances
5.—(1)  A person must not operate an unmanned aircraft, or be involved in the conduct of a flight involving an unmanned aircraft, if the person is under the influence of any psychoactive substance to such extent as to be unable to operate the unmanned aircraft in a safe and proper manner.
(2)  A person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction —
(a)for a first offence, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; and
(b)for a second or subsequent offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.
(3)  In a prosecution for an offence under paragraph (2), it is not necessary for the prosecution to prove that the person charged with the offence intended to commit the offence.
Reporting of accidents
6.—(1)  A UA pilot who operates an unmanned aircraft for any purpose must notify the Authority by the quickest available means upon becoming aware of an accident associated with the operation of the unmanned aircraft resulting in serious injury to the UA pilot, serious injury to or the death of any other person, or damage to any property.
(2)  A person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction —
(a)for a first offence, to a fine not exceeding $50,000; and
(b)for a second or subsequent offence, to a fine not exceeding $100,000.
Division 2 — Aviation safety instruments
Operation of unmanned aircraft having total mass exceeding 25 kg
7.  A person must not operate an unmanned aircraft that has a total mass exceeding 25 kg for any purpose except under the authority of and in accordance with —
(a)a UA operator permit that is in force and that authorises the person to operate the unmanned aircraft type corresponding to that unmanned aircraft and for the purpose specified in that permit; and
(b)a Class 1 activity permit for flying the unmanned aircraft type corresponding to that unmanned aircraft.
Operation of unmanned aircraft for recreation or education
8.—(1)  A person must not operate an unmanned aircraft that has a total mass of 25 kg or below, outdoors under any Class 2 activity permit condition and for a recreation purpose, except under the authority of and in accordance with a Class 2 activity permit for flying the unmanned aircraft type corresponding to that unmanned aircraft.
(2)  A person must not operate an unmanned aircraft that has a total mass of 7 kg or below, outdoors under any Class 2 activity permit condition and for an education purpose, except under the authority of and in accordance with a Class 2 activity permit for flying the unmanned aircraft type corresponding to that unmanned aircraft.
(3)  A person must not operate an unmanned aircraft that has a total mass exceeding 7 kg but not exceeding 25 kg for an education purpose except under the authority of and in accordance with —
(a)a UA operator permit that is in force and that authorises the person to operate the unmanned aircraft type corresponding to that unmanned aircraft and for the purpose specified in that permit; and
(b)a Class 1 activity permit for flying the unmanned aircraft type corresponding to that unmanned aircraft.
Operation of unmanned aircraft for other purpose
9.  A person must not operate an unmanned aircraft of any total mass in the course of business or for a purpose that is neither a recreation purpose nor an education purpose, except under the authority of and in accordance with —
(a)a UA operator permit that is in force and that authorises the person to operate the unmanned aircraft type corresponding to that unmanned aircraft and for the purpose specified in that permit; and
(b)a Class 1 activity permit for flying the unmanned aircraft type corresponding to that unmanned aircraft.
Illustrations
     (a)  A person who intends to fly an unmanned aircraft outdoors in connection with advertising, farming or other agricultural activity, a survey or an inspection of any site or building, or to carry out surveillance or a search and rescue operation, or to deliver anything in the course of business, will need to apply for a UA operator permit and a Class 1 activity permit.
     (b)  A person who intends to fly an unmanned aircraft outdoors in connection with conducting training on the use or operation of unmanned aircraft will need to apply for a UA operator permit and a Class 1 activity permit, unless the person is operating the unmanned aircraft for the purpose of providing training or instruction by a UATO that has employed or engaged the person to provide the training or instruction.
Penalties
10.—(1)  A person who contravenes regulation 7, 8(1), (2) or (3) or 9 shall be guilty of an offence under section 4(3) of the Act.
(2)  In a prosecution for an offence under paragraph (1), it is not necessary for the prosecution to prove that the person charged with the offence intended to commit the offence.
Division 3 — UA operator permit
Application for or to renew UA operator permit
11.—(1)  An application for or to renew a UA operator permit must be made to the Authority in accordance with this regulation.
(2)  An application for a UA operator permit must —
(a)be made in the form and manner required by the Authority;
(b)be accompanied by the relevant fee specified in the Second Schedule; and
(c)be accompanied by the following information (in the form required by the Authority):
(i)the identity and contact address of the applicant;
(ii)the type of unmanned aircraft to be operated;
(iii)the purpose for which the unmanned aircraft in the application is to be operated and the nature of the operations;
(iv)the qualifications of the applicant, including the type of training (if any) the applicant has undergone in operating and maintaining the unmanned aircraft;
(v)if the application names any other individual engaged or employed, or to be engaged or employed, by the applicant to fly the unmanned aircraft, the qualifications of the individual to fly the unmanned aircraft in the application, including the type of training (if any) the individual has undergone in operating unmanned aircraft;
(vi)any other information that the Authority may require to decide on the application.
(3)  An application to renew a UA operator permit must —
(a)be made at least one month (or any shorter period that the Authority may specify in any particular case) before the date of expiry of the existing operator permit;
(b)be made in the form and manner required by the Authority;
(c)be accompanied by the relevant fee specified in the Second Schedule; and
(d)be accompanied by the information (in the form required by the Authority) mentioned in paragraph (2) that is different from that provided for the grant of the existing UA operator permit.
(4)  The Authority may refuse to consider an application for or to renew a UA operator permit that is —
(a)incomplete; or
(b)not made in accordance with paragraph (2) or (3), as the case may be.
Grant and renewal of UA operator permit
12.—(1)  After considering any application for or to renew a UA operator permit, the Authority may —
(a)on payment of —
(i)the relevant fee specified in the Second Schedule, grant the applicant a UA operator permit; or
(ii)the renewal fee specified in the Second Schedule and (where applicable) a late renewal fee (if prescribed), renew the UA operator permit; or
(b)refuse to grant or renew the UA operator permit.
(2)  For the purposes of section 4A(2)(a) of the Act, in deciding whether an applicant should be granted a UA operator permit, or whether the UA operator permit should be renewed, and the conditions to impose or modify, the Authority must be satisfied that —
(a)the applicant; and
(b)if the application names any other individual engaged or employed, or to be engaged or employed, by the applicant to fly the unmanned aircraft, the individual,
is capable of ensuring the safe operation of the unmanned aircraft specified in the application.
(3)  The conditions that may be imposed on a UA operator permit include requiring the UA operator permit holder —
(a)to ensure the safe operation of the unmanned aircraft specified in the permit whenever it is flown; and
(b)to adhere to any document issued by the Authority providing practical guidance on the safe operation of unmanned aircraft.
(4)  A UA operator permit may be granted or renewed for the period specified in the permit, being a period not exceeding one year.
Variation of UA operator permit
13.—(1)  A UA operator permit holder may at any time apply to the Authority to vary the UA operator permit because of —
(a)an addition or a substitution of any unmanned aircraft type specified in the permit;
(b)a change in the persons who operate or (where applicable) who are engaged or employed to operate any unmanned aircraft type specified in the permit;
(c)a change in the key management personnel of the UA operator; or
(d)a change in the purpose for which the unmanned aircraft specified in the permit is to be operated and the nature of the operations specified in the permit.
(2)  An application to vary a UA operator permit must —
(a)be made to the Authority in the form and manner required by the Authority;
(b)be accompanied by the relevant fee specified in the Second Schedule; and
(c)be accompanied by any information and documents as the Authority may require to decide on the application.
(3)  The Authority may refuse to consider an application to vary a UA operator permit that is —
(a)incomplete; or
(b)not made in accordance with paragraph (2).
Production of UA operator permit
14.—(1)  A UA operator operating an unmanned aircraft must, on being so required by an authorised person, produce his or her UA operator permit for examination so as to enable the authorised person to ascertain the identity of the UA operator, the validity of the UA operator permit, and whether the UA operator is authorised to operate the unmanned aircraft.
(2)  A person who, without reasonable excuse, contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction —
(a)for a first offence, to a fine not exceeding $20,000; and
(b)for a second or subsequent offence, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 15 months or to both.
Division 4 — Activity permit
Application for activity permit
15.—(1)  An application for an activity permit must be made to the Authority in accordance with this regulation.
(2)  An application for an activity permit relating to an unmanned aircraft must be —
(a)made in the form and manner required by the Authority;
(b)accompanied by the relevant fee specified in the Second Schedule; and
(c)accompanied by the following information:
(i)the identity and contact address of the applicant;
(ii)the type of flying activity to be carried out involving the unmanned aircraft specified in the application;
(iii)the intended time and date, or intended period, and the intended location and operating altitude of the flying activity;
(iv)the UA operator permit if required under these Regulations;
(v)any other documents or information that the Authority may require to decide on the application.
(3)  The Authority may refuse to consider an application for an activity permit that is incomplete or not made in accordance with paragraph (2).
Grant of activity permit
16.—(1)  After considering any application for an activity permit, the Authority may —
(a)on payment of the relevant fee specified in the Second Schedule, grant the applicant an activity permit; or
(b)refuse to grant the activity permit.
(2)  For the purposes of section 4A(2)(a) of the Act, in deciding whether an applicant should be granted an activity permit, and the conditions to impose or modify, the Authority must be satisfied that the applicant is capable of ensuring the safe conduct of the activity specified, or to be specified, in the activity permit.
(3)  The conditions that may be imposed on an activity permit granted include requiring the holder of the activity permit —
(a)to fly the unmanned aircraft only for the activity or activities specified in the activity permit; and
(b)to fly the unmanned aircraft only at the time or period, location, and at an altitude below the maximum operating altitude, specified in the activity permit.
(4)  An activity permit for an unmanned aircraft is valid only for the period specified in the permit.
Variation of activity permit
17.—(1)  A holder of a Class 1 or Class 2 activity permit may, at any time before the start of the activity specified in the permit, apply to the Authority to vary the activity permit because of a change in the date or time of the activity so specified.
(2)  An application to vary an activity permit must be —
(a)made to the Authority in the form and manner required by the Authority; and
(b)accompanied by the relevant fee (if any) specified in the Second Schedule.
(3)  The Authority may refuse to consider an application to vary an activity permit that is —
(a)incomplete; or
(b)not made in accordance with paragraph (2).
Production of activity permit
18.—(1)  A person operating an unmanned aircraft must, on being required by an authorised person, produce the activity permit for flying the unmanned aircraft type corresponding to that unmanned aircraft so as to enable the authorised person to ascertain the identity of the operator, the validity of the activity permit, and whether the operator is authorised to operate the unmanned aircraft.
(2)  A person who, without reasonable excuse, contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction —
(a)for a first offence, to a fine not exceeding $20,000; and
(b)for a second or subsequent offence, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 15 months or to both.
Division 5 — Responsibilities of UA operator
Responsibilities of UA operator
19.—(1)  A UA operator permit holder must establish and implement systems, policies and procedures to ensure, support and facilitate the compliance, by the UA pilot of any unmanned aircraft operated by the UA operator permit holder, with every regulation in these Regulations that requires the UA pilot’s compliance.
(2)  A UA operator permit holder must establish procedures —
(a)to do an initial assessment of, and to provide the training to maintain, the competence of every UA pilot engaged or employed, or to be engaged or employed, by the UA operator permit holder to fly any unmanned aircraft; and
(b)to ensure that every UA pilot engaged or employed, or to be engaged or employed, by the UA operator permit holder to fly any unmanned aircraft on or after 1 June 2020 holds a valid UA pilot licence authorising the UA pilot to operate the unmanned aircraft of that class and category.
(3)  A UA operator permit holder must ensure that a flight of an unmanned aircraft does not commence unless the unmanned aircraft is airworthy.
(4)  The UA operator permit holder must ensure that every UA pilot engaged or employed, or to be engaged or employed, by the UA operator permit holder to fly any unmanned aircraft is provided with —
(a)the UA operator permit and relevant activity permit;
(b)any technical manual and standard operating procedures relating to the operation of that unmanned aircraft; and
(c)any other information as the UA pilot reasonably requires to carry out the flight of that unmanned aircraft safely and in accordance with the conditions specified in the UA operator permit and activity permit.
(5)  A person who contravenes paragraph (1), (2), (3) or (4) shall be guilty of an offence and shall be liable on conviction —
(a)for a first offence, to a fine not exceeding $50,000; and
(b)for a second or subsequent offence, to a fine not exceeding $100,000.
(6)  In a prosecution for an offence under paragraph (5), it is not necessary for the prosecution to prove that the person charged with the offence intended to commit the offence.