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Part 2 · Aerial Activities

7. Requirements for tethered balloons

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(1)

For the purposes of section 14(2)(a) of the Act, a person must not fly or operate a tethered balloon that measures 3 metres or shorter in any linear dimension under the following circumstances unless the person holds an aerial activity permit that is in force and authorises the person to do so:

(a)

at a distance of one kilometre or less from the flight funnel of any aerodrome — at any altitude;

(b)

at a distance of more than one kilometre from the flight funnel of any aerodrome but 5 kilometres or less from that aerodrome — at an altitude higher than 130 feet above mean sea level;

(c)

in any other area — at an altitude higher than 290 feet above mean sea level.

(2)

For the purposes of section 14(2)(a) of the Act, a person must not fly or operate a tethered balloon that measures more than 3 metres in any linear dimension unless the person holds an aerial activity permit that is in force and authorises the person to do so.

(3)

Any person who flies or operates a tethered balloon, regardless of whether the person requires an aerial activity permit to do so, must ensure that the tethered balloon —

(a)

is securely tethered; and

(b)

if the tethered balloon is not fitted with a device that ensures the automatic deflation of the tethered balloon if it breaks free of its tether, is attended to at all times.

(4)

Any person who fails to comply with paragraph (3) 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.

Subregulation 1

For the purposes of section 14(2)(a) of the Act, a person must not fly or operate a tethered balloon that measures 3 metres or shorter in any linear dimension under the following circumstances unless the person holds an aerial activity permit that is in force and authorises the person to do so:

(a)

at a distance of one kilometre or less from the flight funnel of any aerodrome — at any altitude;

(b)

at a distance of more than one kilometre from the flight funnel of any aerodrome but 5 kilometres or less from that aerodrome — at an altitude higher than 130 feet above mean sea level;

(c)

in any other area — at an altitude higher than 290 feet above mean sea level.

Subregulation 2

For the purposes of section 14(2)(a) of the Act, a person must not fly or operate a tethered balloon that measures more than 3 metres in any linear dimension unless the person holds an aerial activity permit that is in force and authorises the person to do so.

Subregulation 3

Any person who flies or operates a tethered balloon, regardless of whether the person requires an aerial activity permit to do so, must ensure that the tethered balloon —

(a)

is securely tethered; and

(b)

if the tethered balloon is not fitted with a device that ensures the automatic deflation of the tethered balloon if it breaks free of its tether, is attended to at all times.

Subregulation 4

Any person who fails to comply with paragraph (3) 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.

Report

Part 3

Light Displays

Part 4

Miscellaneous Provisions