Air Navigation (Exemption for Project KESTREL) Order 2026 · Sch 2

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SECOND SCHEDULE
Paragraph 4(a)
SAFETY CONDITIONS
1. The HTX must have in place adequate measures to ensure all of the following
in respect of the conduct of any specified activity:
(a) the safety of every individual who conducts the specified activity;
(b) the part of the specified area in which the specified activity is
conducted is not accessible to any member of the public;
(c) the specified activity is carried out in accordance with the applicable
safety procedures specified by the HTX, and in a manner to avoid
causing the death of or personal injury to any person or any property
damage;
(d) every JMS that is used in the conduct of the specified activity is
maintained in accordance with the requirements determined by the
manufacturer of that JMS;
(e) every individual who conducts the specified activity is trained and
competent to carry out that specified activity;
(f) no more than one JMS is in flight or operation at any time.
2. If the specified activity is the piloting or operating of a JMS, the HTX must
also ensure that —
(a) the individual who pilots or operates the JMS —
(i) must not carry any ammunition when piloting or operating the
JMS; and
S 626/2026
(ii) must, at all times, keep a look-out for other aircraft or objects in
the air;
(b) the JMS must not be flown or operated in the rain;
(c) the JMS must not be flown or operated at night, unless —
(i) the take‑off and landing areas, and the flight path, are
sufficiently illuminated for this purpose; and
(ii) there is no obstacle in the flight path of the JMS;
(d) the JMS must not be flown or operated at an altitude higher than
60 metres above mean sea level;
(e) the JMS must not be flown or operated over any congested area of a
city, town or settlement;
(f) the JMS must not be flown or operated over St John’s Island or Sisters’
Islands;
(g) the JMS, when in flight or operation, must maintain a horizontal
distance of at least 10 metres from both of the following:
(i) any individual, other than the individual who pilots or operates
the JMS, or any other individual who assists in the piloting or
operating of the JMS;
(ii) any object, other than an object that is necessary for the
operation of the JMS; and
(h) the JMS does not exceed a speed of 55 km/h.
3. To avoid doubt, paragraph 2(f) does not prevent a JMS from taking off from,
or landing on, the shore of St John’s Island or Sisters’ Islands, as the case may be.

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Sch 2

SECOND SCHEDULE

Paragraph 4(a)

SAFETY CONDITIONS

1. The HTX must have in place adequate measures to ensure all of the following

in respect of the conduct of any specified activity:

(a)

the safety of every individual who conducts the specified activity;

(b)

the part of the specified area in which the specified activity is

conducted is not accessible to any member of the public;

(c)

the specified activity is carried out in accordance with the applicable

safety procedures specified by the HTX, and in a manner to avoid

causing the death of or personal injury to any person or any property

damage;

(d)

every JMS that is used in the conduct of the specified activity is

maintained in accordance with the requirements determined by the

manufacturer of that JMS;

(e)

every individual who conducts the specified activity is trained and

competent to carry out that specified activity;

(f)

no more than one JMS is in flight or operation at any time.

2. If the specified activity is the piloting or operating of a JMS, the HTX must

also ensure that —

(a)

the individual who pilots or operates the JMS —

(i)

must not carry any ammunition when piloting or operating the

JMS; and

S 626/2026

(ii)

must, at all times, keep a look-out for other aircraft or objects in

the air;

(b)

the JMS must not be flown or operated in the rain;

(c)

the JMS must not be flown or operated at night, unless —

(i)

the take‑off and landing areas, and the flight path, are

sufficiently illuminated for this purpose; and

(ii)

there is no obstacle in the flight path of the JMS;

(d)

the JMS must not be flown or operated at an altitude higher than

60 metres above mean sea level;

(e)

the JMS must not be flown or operated over any congested area of a

city, town or settlement;

(f)

the JMS must not be flown or operated over St John’s Island or Sisters’

Islands;

(g)

the JMS, when in flight or operation, must maintain a horizontal

distance of at least 10 metres from both of the following:

(i)

any individual, other than the individual who pilots or operates

the JMS, or any other individual who assists in the piloting or

operating of the JMS;

(ii)

any object, other than an object that is necessary for the

operation of the JMS; and

(h)

the JMS does not exceed a speed of 55 km/h.

3. To avoid doubt, paragraph 2(f) does not prevent a JMS from taking off from,

or landing on, the shore of St John’s Island or Sisters’ Islands, as the case may be.