Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsStatutory Rules No. 161, 1988
made under the
Compilation No. 4
Compilation date: 14 October 2024
Includes amendments: F2024L01299
About this compilation
This compilation
This is a compilation of the Civil Aviation (Buildings Control) Regulations 1988 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name of Regulations
2 Interpretation
3 Prohibition of the construction of buildings in specified areas
4 Prohibition of the construction of buildings of more than 25 feet in height in specified areas
5 Prohibition of the construction of buildings of more than 50 feet in height in specified areas
6 Prohibition of the construction of buildings of more than 150 feet in height in certain areas
7 Application for approval
8 Grant or refusal of approval
9 Review of decisions
10 Penalty for failing to comply with conditions subject to which an approval is granted
11 Removal, marking or lighting of hazards to air navigation
12 Provisions applicable where notice is not complied with
13 Compensation for acquisition of property
14 Compensation in respect of certain loss, damage or expense
15 Authority and authorised persons to have certain powers
17 Transitional
Schedule 1
Schedule 2
Schedule 3
Schedule 4
Schedule 5
Schedule 6
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Endnote 5--Editorial changes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Number and year | FRLI registration or gazettal | Commencement | Application, saving and transitional provisions |
161, 1988 | 30 June 1988 | 1 July 1988 (gaz 1988, No S189) |
|
192, 1989 | 21 July 1989 | 21 July 1989 | -- |
103, 1993 | 3 June 1993 | 3 June 1993 | -- |
268, 2002 | 6 Nov 2002 | 6 Nov 2002 (r 2) | -- |
Name | Registration | Commencement | Application, saving and transitional provisions |
Airports Legislation Amendment (Essendon Fields Airport) Regulations 2017 | 11 Oct 2017 (F2017L01341) | 12 Oct 2017 (s 2(1) item 1) | -- |
Administrative Review Tribunal Legislation Consequential Amendments (2024 Measures No. 1) Regulations 2024 | 11 Oct 2024 (F2024L01299) | Sch 10 (items 58-61): 14 Oct 2024 (s 2(1) item 1) | -- |
Provision affected | How affected |
r 1..................... | rs No 268, 2002 |
r 2..................... | am No 103, 1993; No 268, 2002 |
r 3..................... | am No 268, 2002 |
r 4..................... | am No 268, 2002 |
r 5..................... | am No 268, 2002 |
r 6..................... | am No 268, 2002 |
r 7..................... | am No 103, 1993 |
r 8..................... | am No 192, 1989; No 103, 1993 |
r 9..................... | am No 103, 1993; F2024L01299 |
r 10.................... | rs No 268, 2002 |
r 11.................... | am No 192, 1989; No 268, 2002 |
r 14.................... | rs No 192, 1989 |
r 15.................... | am No 192, 1989; No 103, 1993 |
r 16.................... | rep No 268, 2002 |
Schedule 1 |
|
Schedule 1................ | am F2017L01341 |
| ed C4 |
Schedule 2 |
|
Schedule 2................ | am F2017L01341 |
Schedule 3 |
|
Schedule 3................ | am F2017L01341 |
Schedule 4 |
|
Schedule 4................ | am F2017L01341 |
Schedule 6 |
|
Schedule 6................ | am F2017L01341 |
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes, omit or change any text that is not part of the instrument, to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law.
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.
Plan of Melbourne Airport and Essendon Airport showing areas affected by the Civil Aviation (Buildings Control) Regulations at the end of the instrument
Kind of editorial change
Updates to references to a person, body or other entity, or an office, position, place, document or thing
Details of editorial change
Schedule 1 items 11-16 of the Airports Legislation Amendment (Essendon Fields Airport) Regulations 2017 updated references from "Essendon Airport" to "Essendon Fields Airport".
The Plan of Melbourne Airport and Essendon Airport showing areas affected by the Civil Aviation (Buildings Control) Regulations at the end of the instrument does not form part of the instrument.
This compilation was editorially changed to omit the words "ESSENDON AIRPORT" (wherever occurring) and substitute "ESSENDON FIELDS AIRPORT" to update the references to the airport site.