Commonwealth Numbered Regulations

1988 NO. 158 CIVIL AVIATION REGULATIONS - REG 95

95. (1) Subject to subregulation (6), whenever any object which is located on
or within the defined limits of an aerodrome open to public use by aircraft
engaged in international air navigation or air navigation within a Territory
and which projects above the surfaces specified in subregulation (5)
constitutes an obstruction or a potential hazard to aircraft moving in the
navigable air space in the vicinity of an aerodrome, the Authority may
authorise a notice to be served upon the owner of the property in which the
object is located directing the owner, within such reasonable time as is
specified in the notice:

   (a)  to remove the object or such portion of it specified in the notice as
        is practicable and necessary; or

   (b)  to install and operate lights on the object and mark it in accordance
        with the requirements of the Convention.

(2) The notice may be served either personally or by post or by affixing it in
some conspicuous place near to the object to which the notice relates.

(3) If a person upon whom a notice is served in pursuance of this regulation
fails to comply with the directions contained in the notice, the person shall
be guilty of an offence, and the Authority may authorise an officer, with such
assistance as is necessary and reasonable, to enter the place where the object
is and to carry out the directions contained in the notice.

(4) All reasonable expenses and the amount of any actual loss or damage
incurred and suffered by any person in complying with the directions contained
in a notice served upon him in pursuance of this regulation may be recovered
from the Authority.
(5) For the purposes of this regulation, "the defined limits" of an aerodrome
means the area enclosed by the perimeter of the surface specified in paragraph
(a), and the surfaces referred to in subregulation (1) are:

   (a)  the surface 45 metres above the elevation of the nearest limit of the
        landing area and extending horizontally outward for a distance of
        3,000 metres;

   (b)  the surface extending outward from the end of a landing strip having
        the following dimensions and slopes:

        (i)    in the case of an aerodrome open only to aircraft making
               non-instrument approaches-the width of the landing strip at the
               landing strip end; a width of 750 metres at a point 3,000
               metres outward from the end of the landing strip and a slope of
               1 in 40 rising outward from the end of the landing strip; or

        (ii)   in the case of an aerodrome open to aircraft making instrument
               approaches-the width of the landing strip at the landing strip
               end, a width of 1,200 metres at a point 3,000 metres outward
               from the end of the landing strip and a slope of 1 in 50 rising
               outward from the end of the landing strip;

   (c)  the surface sloping upwards and outwards from the edge of the surface
        specified in paragraph (b) to the intersection with the surface
        specified in paragraph (a) and having a slope of 1 in 7; and

   (d)  the surface sloping upwards and outwards from the boundary of the
        landing area to the intersection with the surface specified in
        paragraph (a) and having a slope of 1 in 7.

(6) This regulation does not apply to or in relation to an aerodrome referred
to in a plan in a Schedule to the Civil Aviation (Buildings Control)
Regulations.