{"id":"F1996B00535","name":"Civil Aviation (Buildings Control) Regulations 1988","slug":"civil-aviation-buildings-control-regulations-1988","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"161 of 1988","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28752,"registerId":"commonwealth-F1996B00535-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulations","content":"#### 1 Name of Regulations\n\n  These Regulations are the Civil Aviation (Buildings Control) Regulations 1988.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"#### 2 Interpretation\n\n  In these Regulations, unless the contrary intention appears:\n\n> authorised person means a person authorised in writing by the Authority for the purposes of the provision in which the expression occurs.\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.\n\n> interest in relation to land, means:\n\n    (a) a legal or equitable estate or interest in the land; or\n    (b) a right, power or privilege over, or in connection with, the land.\n\n> object includes a tree or other natural obstacle.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Prohibition of the construction of buildings in specified areas","content":"#### 3 Prohibition of the construction of buildings in specified areas\n\n  (1) A person may construct, within an area to which this regulation applies, a building or structure only in accordance with an approval given under these Regulations.\n\nPenalty: 10 penalty units.\n\n  (1A) An offence against subregulation (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (2) In this regulation, an area to which this regulation applies means an area described in Schedule 1 by reference to the plan that bears the number specified in the description and is in the Schedule so specified.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Prohibition of the construction of buildings of more than 25 feet in height in specified areas","content":"#### 4 Prohibition of the construction of buildings of more than 25 feet in height in specified areas\n\n  (1) A person may construct, within an area to which this regulation applies, a building or structure having a greater height above the ground than 25 feet only in accordance with an approval given under these Regulations.\n\nPenalty: 10 penalty units.\n\n  (1A) An offence against subregulation (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (2) In this regulation, an area to which this regulation applies means an area described in Schedule 2 by reference to the plan that bears the number specified in the description and is in the Schedule so specified.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Prohibition of the construction of buildings of more than 50 feet in height in specified areas","content":"#### 5 Prohibition of the construction of buildings of more than 50 feet in height in specified areas\n\n  (1) A person may construct, within an area to which this regulation applies, a building or structure having a greater height above the ground than 50 feet only in accordance with an approval given under these Regulations.\n\nPenalty: 10 penalty units.\n\n  (1A) An offence against subregulation (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (2) In this regulation, an area to which this regulation applies means an area described in Schedule 3 by reference to the plan that bears the number specified in the description and is in the Schedule so specified.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Prohibition of the construction of buildings of more than 150 feet in height in certain areas","content":"#### 6 Prohibition of the construction of buildings of more than 150 feet in height in certain areas\n\n  (1) A person may construct, within an area to which this regulation applies, a building or structure having a greater height above the ground than 150 feet only in accordance with an approval given under these Regulations.\n\nPenalty: 10 penalty units.\n\n  (1A) An offence against subregulation (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (2) In this regulation, an area to which this regulation applies means an area described in Schedule 4 by reference to the plan that bears the number specified in the description and is in the Schedule so specified.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Application for approval","content":"#### 7 Application for approval\n\n  (1) An application for approval to construct a building or structure, the construction of which is prohibited under regulation 3, 4, 5 or 6 without approval, shall be in writing and shall be lodged with the Authority or an authorised person.\n  (2) An application for approval shall state the nature and the proposed situation of the building or structure, its height above the ground and the purposes for which it will be used.\n  (3) The Authority or an authorised person may, by notice in writing, require an applicant to furnish such further information in respect to the application as is reasonably required for a proper consideration of the application.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Grant or refusal of approval","content":"#### 8 Grant or refusal of approval\n\n  (1) The Authority or an authorised person may grant an approval to construct a building or structure, the construction of which is prohibited under regulation 3, 4, 5 or 6 without approval.\n  (2) The Authority or an authorised person may refuse an application for approval or may grant an application for approval subject to such conditions with respect to the construction of the building or structure or with respect to the marking or lighting of the building or structure as are specified in the approval.\n  (3) After the grant of an approval under this regulation, the Authority or an authorised person may, by notice in writing served on the person to whom the approval has been given:\n    (a) impose conditions with respect to the marking or lighting of the building or structure;\n    (b) revoke any or all of the conditions subject to which the approval was given;\n    (c) vary the conditions with respect to the marking or lighting of the building or structure; and\n    (d) impose conditions with respect to the marking or lighting of the building or structure additional to the conditions subject to which an approval was given;\n  and the conditions as so imposed, altered or added to from time to time shall be deemed to be the conditions subject to which the approval is granted.\n  (4) The Authority or an authorised person shall not:\n    (a) refuse an application for approval;\n    (b) grant an application for approval subject to conditions; or\n    (c) impose conditions with respect to the construction of a building or structure or with respect to the marking or lighting of a building or structure;\n  unless the Authority or the authorised person is satisfied that the building or structure, if erected, or the building or structure if erected otherwise than in accordance with the conditions, as the case may be, will or may constitute an obstruction, hazard or potential hazard to aircraft flying in the vicinity of the aerodrome situated within the area in which it is proposed to construct the building or structure.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Review of decisions","content":"#### 9 Review of decisions\n\n  (1) Application may be made to the Administrative Review Tribunal for review of a decision under subregulation 8(2), 8(3) or 11(1).\n  (2) Where the Authority or an authorised person makes a decision referred to in subregulation (1) and gives to a person whose interests are affected by the decision notice in writing of the making of the decision, the notice shall include a statement to the effect that, if the person is dissatisfied with the decision, application may, subject to the Administrative Review Tribunal Act 2024, be made to the Administrative Review Tribunal for review of the decision and include a statement that the person may request a statement of reasons for the decision under section 268 of that Act.\n  (3) A contravention of subregulation (2) in relation to a decision does not affect the validity of the decision.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Penalty for failing to comply with conditions subject to which an approval is granted","content":"#### 10 Penalty for failing to comply with conditions subject to which an approval is granted\n\n  (1) A person to whom an approval is granted under regulation 8, must comply with the conditions, if any, subject to which the approval is granted.\n\nPenalty: 10 penalty units.\n\n  (2) An offence against subregulation (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Removal, marking or lighting of hazards to air navigation","content":"#### 11 Removal, marking or lighting of hazards to air navigation\n\n  (1) Where:\n    (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;\n    (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;\n    (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\n    (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;\n  the Authority may, by notice in writing:\n    (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\n    (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.\n  (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.\n  (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.\n  (4) A notice under subregulation (1) may be served:\n    (a) by leaving it with, or tendering it to, the person, or to each of the persons, to whom it is addressed;\n    (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\n    (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.\n  (5) A person must comply with the requirements in a notice served on him or her under this regulation.\n\nPenalty: 2 penalty units.\n\n  (6) An offence against subregulation (5) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Provisions applicable where notice is not complied with","content":"#### 12 Provisions applicable where notice is not complied with\n\n  Where a person fails to comply, within such reasonable time as is specified in a notice served on him or her under regulation 11, with a requirement in the notice, the Authority may, by notice in writing, direct such persons as are specified in the notice to enter upon the land on which the building, structure or object concerned is situated and carry out the requirement which has not been complied with.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Compensation for acquisition of property","content":"#### 13 Compensation for acquisition of property\n\n  (1) Where, but for this regulation, the operation of a provision of these Regulations would result in the acquisition of property from a person otherwise than on just terms, there is payable to the person by the Authority such reasonable amount of compensation as is agreed upon between the person and the Authority or, failing agreement, as is determined by a court of competent jurisdiction.\n  (2) In subregulation (1), acquisition of property and just terms have the same respective meanings as in paragraph 51 (xxxi) of the Constitution.","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Compensation in respect of certain loss, damage or expense","content":"#### 14 Compensation in respect of certain loss, damage or expense\n\n  Where:\n    (a) because of the removal under these Regulations of a building, structure or object from any land a person suffers loss or damage, or incurs expense, in or as a direct result of that removal; or\n    (b) because of the marking or lighting under these Regulations of a building, structure or object upon any land a person suffers loss or damage, or incurs expense, in or as a direct result of that marking or lighting;\n  that person is entitled to be paid by the Authority such reasonable amount of compensation in respect of that loss, damage or expense as is agreed between the person and the Authority or, failing agreement, as is determined by a court of competent jurisdiction.","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Authority and authorised persons to have certain powers","content":"#### 15 Authority and authorised persons to have certain powers\n\n  (1) An authorised person may enter upon any land for the purpose of:\n    (a) ascertaining whether the provisions of these Regulations are being complied with;\n    (b) ascertaining whether the conditions to which an approval given by the Authority under these Regulations is subject are being complied with;\n    (c) determining the terms of a notice to be served under regulation 11;\n    (d) ascertaining whether the requirements in a notice served under regulation 11 are being, or have been complied with; or\n    (e) gaining access to an area specified in a Schedule.\n  (2) The Authority may authorise any necessary action and the use of any reasonable force for the purpose of preventing a contravention of, or securing compliance with, these Regulations.\n  (3) An authorised person shall carry an identification card issued by the Authority.\n  (4) An identification card shall be in a form approved by the Authority.\n  (5) Where an authorised person proposes to enter or enters upon any land, the authorised person shall, if requested to do so by the owner or occupier of the land, produce the identification card for inspection by the owner or occupier.","sortOrder":14},{"sectionNumber":"17","sectionType":"section","heading":"Transitional","content":"#### 17 Transitional\n\n  (1) Where:\n    (a) an approval given under the Air Navigation (Buildings Control) Regulations for the purposes of a provision of those Regulations was in effect immediately before the commencement of these Regulations; and\n    (b) that provision is one to which a provision of these Regulations corresponds;\n  the approval has effect after the commencement of these Regulations as if it had been given under these Regulations for the purposes of the corresponding provision of these Regulations.\n  (2) Where:\n    (a) an application under the Air Navigation (Buildings Control) Regulations was made for an approval to construct a building or structure the construction of which was prohibited under a provision of those Regulations;\n    (b) the application had not been dealt with before the commencement of these Regulations; and\n    (c) the provision of the Air Navigation (Buildings Control) Regulations referred to in paragraph (a) was one to which a provision of these Regulations corresponds;\n  the application shall be taken, upon the commencement of these Regulations, to have been made under these Regulations for an approval for the purposes of the corresponding provision of these Regulations to construct the building or structure.","sortOrder":15}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of controlling building heights near aerodromes to protect air navigation. The 1988 version replaced earlier Air Navigation Regulations but maintained the same core scheme. The recent update to reference the Administrative Review Tribunal Act 2024 (replacing the former Administrative Appeals Tribunal) is a machinery change that does not expand substantive scope."},"complexity_factors":["Four separate but structurally identical regulatory schemes (Regs 3-6) creating overlapping height restrictions that require cross-referencing to external Schedules not included in the text","Conditional logic in Reg 8(4) requiring the decision-maker to be 'satisfied' of hazard potential before refusing or conditioning approval","Nested conditions in Reg 8(3) allowing post-approval modification of marking/lighting conditions","Complex service provisions in Reg 11(4) with three alternative methods including a 'conspicuous position' fallback for missing persons","Constitutional cross-reference in Reg 13(2) to s 51(xxxi) of the Constitution for 'just terms' compensation","Transitional provisions (Reg 17) requiring mapping between repealed and current regulations via 'corresponding provisions'","Mix of strict liability offences (Regs 3, 4, 5, 6, 10, 11) with penalty unit variations creating a tiered enforcement structure"],"plain_english_summary":"These regulations control what you can build near Australian airports to keep aircraft safe. They create four zones around aerodromes with different height limits:\n\n- **Schedule 1 areas**: No buildings or structures allowed without approval\n- **Schedule 2 areas**: Nothing over 25 feet (about 7.6 metres) without approval  \n- **Schedule 3 areas**: Nothing over 50 feet (about 15 metres) without approval\n- **Schedule 4 areas**: Nothing over 150 feet (about 45 metres) without approval\n\n**Who needs to care**: Property owners, developers, and builders near airports.\n\n**How it works**: If you want to build something that breaks these rules, you must apply to the Civil Aviation Safety Authority (CASA, called \"the Authority\" here) or an authorised officer. They can approve, refuse, or approve with conditions—such as requiring warning lights or markings on tall structures. They can only refuse or add conditions if the building would create a hazard for aircraft.\n\n**Existing hazards**: The Authority can order owners to remove or mark existing structures that threaten aircraft safety, even if they were built legally. If you don't comply, the Authority can enter your land and do the work itself.\n\n**Penalties**: Breaking the construction rules or ignoring conditions carries fines (10 penalty units, currently around $3,300). Ignoring a removal or marking notice carries a smaller fine (2 penalty units).\n\n**Your rights**: You can appeal decisions to the Administrative Review Tribunal. If the rules force you to lose property or spend money on markings, you can claim compensation from the Authority.\n\n**Key legal note**: Most offences are \"strict liability\"—meaning you can be fined even if you didn't mean to break the law. The prosecution only needs to prove you did the act, not that you intended to."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These regulations replace the earlier Air Navigation (Buildings Control) Regulations but maintain the same core purpose and structure. The transitional provisions ensure continuity, indicating no significant expansion of scope."},"complexity_factors":["Multiple height zones defined by reference to plans in schedules","Strict liability offences with references to the Criminal Code","Cross-references between regulations and schedules","Authority can impose, vary, or revoke conditions after approval","Compensation provisions referencing constitutional terms","Transitional provisions dealing with previous regulations"],"plain_english_summary":"This law controls the height and location of buildings and structures near airports to prevent them from being a danger to aircraft. It applies to areas around airports described in schedules. In some areas, any new building or structure needs approval from the Civil Aviation Authority. In other areas, only buildings taller than a certain height (25, 50, or 150 feet) need approval. If approval is required, you must apply in writing, and the Authority can grant or refuse it, or grant it with conditions (like adding lights or markings). The Authority can also order existing buildings, structures, or objects (including trees) to be removed, marked, or lit if they are a hazard. If you don't follow the rules, you can be fined. The law includes compensation for people who suffer loss because of removal or marking orders. Decisions can be reviewed by the Administrative Review Tribunal."}},"importantCases":[],"_links":{"self":"/api/acts/civil-aviation-buildings-control-regulations-1988","history":"/api/acts/civil-aviation-buildings-control-regulations-1988/history","analysis":"/api/acts/civil-aviation-buildings-control-regulations-1988/analysis","conflicts":"/api/acts/civil-aviation-buildings-control-regulations-1988/conflicts","importantCases":"/api/acts/civil-aviation-buildings-control-regulations-1988/important-cases","documents":"/api/acts/civil-aviation-buildings-control-regulations-1988/documents"}}