Commonwealth Consolidated Regulations

CIVIL AVIATION (BUILDINGS CONTROL) REGULATIONS 1988 - REG 11

  (1)   Where:

  (a)   there is, in an area to which regulation   3 applies, a building, structure or object that constitutes or may constitute an obstruction, hazard or potential hazard to aircraft flying in the vicinity of the aerodrome named in the description of that area;

  (b)   there is, in an area to which regulation   4 applies a building, structure or object having a greater height above the ground than 25 feet that constitutes or may constitute an obstruction, hazard or potential hazard to aircraft flying in the vicinity of the aerodrome named in the description of that area;

  (c)   there is, in an area to which regulation   5 applies, a building, structure or object having a greater height above the ground than 50 feet that constitutes or may constitute an obstruction, hazard or potential hazard to aircraft flying in the vicinity of the aerodrome named in the description of that area; or

  (d)   there is, in an area to which regulation   6 applies a building, structure or object having a greater height above the ground than 150 feet that constitutes or may constitute an obstruction, hazard or potential hazard to aircraft flying in the vicinity of the aerodrome situated within that area;

the Authority may, by notice in writing:

  (e)   direct the removal within a time specified in the notice of the whole or a specified part of the building, structure or object; or

  (f)   give directions with respect to the marking or lighting of the building, structure or object in such manner as the Authority considers is necessary to ensure that the existence of the building, structure or object is visible by day or by night to aircraft flying in the vicinity of the aerodrome named in the description of that area.

  (2)   The powers conferred by subregulation   (1) may be exercised in relation to a building or structure whether or not approval has been given under these Regulations to the construction of the building or structure.

  (3)   A notice under subregulation   (1) may be addressed to the person who owns the land on which the building or structure is erected or the object is situated or to the person in occupation of that land or to both of those persons.

  (4)   A notice under subregulation   (1) may be served:

  (a)   by leaving it with, or tendering it to, the person, or to each of the persons, to whom it is addressed;

  (b)   by posting it in a prepaid registered letter to the person, or to each of the persons, to whom it is addressed at his or her last known place of abode; or

  (c)   where a person to whom the notice is addressed cannot be found and the place of abode of the person is unknown--by affixing it in a conspicuous position on or near to the object to which the notice relates.

  (5)   A person must comply with the requirements in a notice served on him or her under this regulation.

Penalty:   2 penalty units.

  (6)   An offence against subregulation   (5) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .