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Permit needed for certain overflight by unmanned aircraft

Air Navigation Act 1966

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

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—(1) A person must not operate an unmanned aircraft to fly, at any height, over any part of any protected area declared under section 32.(2) Every operator of an unmanned aircraft who contravenes subsection (1) shall be guilty of an offence.(3) A person who is guilty of an offence under subsection (2) shall be liable on conviction —(a)to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; but(b)where the person is a repeat offender, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.(4) A person is a repeat offender in relation to an offence under subsection (2) if the person has been convicted or found guilty (whether before, on or after 21 December 2019) on at least one other earlier occasion of an offence under subsection (2).(5) In proceedings for an offence under subsection (2) —(a)it is not necessary for the prosecution to prove that an accused knew or had reason to believe that the area flown over is a protected area; but(b)it is a defence to the charge for the accused to prove, on a balance of probabilities, that —(i)the accused did not intentionally cause the unmanned aircraft to fly over the protected area, and the overflight was not due to any want of reasonable care on the part of the accused; or(ii)the overflight was authorised by and in accordance with a permit from a competent security officer.(6) Every offence under this section is an arrestable offence within the meaning of the Criminal Procedure Code 2010.[7A

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