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DEFENCE ACT 1903 - SECT 117AC

Defence aviation areas

  (1)   The Minister may, by legislative instrument, declare an area of land, sea or airspace in or adjacent to Australia to be a defence aviation area .

  (2)   The Minister must not declare an area unless the Minister is satisfied that:

  (a)   it is necessary for the defence of Australia for any of the matters mentioned in paragraphs 117AD(a) to (c) to apply in relation to the area; and

  (b)   in particular, the matters are necessary for the purpose of preventing or reducing hazards to the following as they relate to the defence of Australia:

  (i)   aircraft;

  (ii)   aviation - related communications, navigation or surveillance.

  (3)   Without limiting section   117AD, a declaration of an area may also specify height restrictions that apply in relation to buildings, structures and objects (including trees and other natural obstacles) within the area.

  (4)   A declaration of an area may apply, adopt or incorporate, with or without modification:

  (a)   a map, or a matter contained in a map, as in force or existing from time to time; or

  (b)   a matter contained in an instrument or other writing as in force or existing from time to time, to the extent that the matter relates to a map.


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