Civil Aviation (Buildings Control) Regulations 1988

The Regulations revolve around a handful of statutory concepts that structure decision‑making, compliance obligations and enforcement.

• Area to which a regulation applies: For each substantive prohibition (regs 3-6) the operative area is defined by a Schedule (Schedules 1-4) that describes the area by reference to a plan number. Each prohibition therefore applies only in the area identified in the relevant Schedule (regs 3(2), 4(2), 5(2), 6(2)). The Schedules are pivotal; without them the textual prohibitions are abstract limits tied to specified plans.
• Approval: The statutory permission required to construct in the regulated areas, and to exceed the specified heights in the height‑limited areas. Approvals are given by the Authority or an authorised person, can be conditional, and may be varied, added to or have conditions revoked after grant (reg 8(1)-(3)). Conditions can address construction and, specifically, marking and lighting.
• Hazard test: The dispositive criterion for refusing, conditioning or imposing conditions on approvals is whether the building, if erected or erected other than in accordance with the conditions, will or may constitute an obstruction, hazard or potential hazard to aircraft flying in the vicinity of the aerodrome within the area (reg 8(4)). The same hazard language appears in the triggering paragraphs for removal and marking/lighting powers (reg 11(1)(a)-(d)).
• Authorised person and Authority: The Regulations use these defined actors. An authorised person is someone authorised in writing by the Authority for the purpose in question (reg 2). The Authority is the decision maker and enforcer; it may exercise powers itself or through authorised persons (regs 7, 8, 11, 15).
• Strict liability offences: Several contraventions are strict liability offences (regs 3(1A), 4(1A), 5(1A), 6(1A), 10(2), 11(6)) with the Criminal Code s 6.1 cited in the notes; strict liability removes the need for proof of fault in relation to the contravention, subject to the Criminal Code’s legal framework.
• Notices and enforcement remedies: The Regulations provide for written notices requiring removal or marking/lighting (reg 11(1)); specified avenues for serving notices are set out (reg 11(4)); failure to comply attracts penalty units and permits the Authority to direct entry and performance of the work by others (regs 11(5)-(6), 12).
• Compensation and acquisition: The text recognises the constitutional constraint on acquisition otherwise than on just terms and provides a compensation route (reg 13), and separately provides for compensation for loss, damage or expense caused by removal or marking/lighting (reg 14), with resolution by agreement or by a court if agreement fails.
• Transitional continuity: Approvals and applications under the prior Air Navigation (Buildings Control) Regulations are preserved under reg 17 so as to avoid immediate legal gaps where corresponding provisions exist.

These concepts create a regime that links spatially delimited land use constraints to aviation safety outcomes, mediated through administrative approvals and notices, with criminal penalties and compensatory obligations where property or loss is affected.

The Regulations impose duties and confer rights that touch several distinct groups. Identify stakeholders by legal role and likely practical burden.

• Prospective builders and developers: Any person proposing to construct a building or structure in an area described in Schedules 1-4 must apply for approval where the Regulations restrict construction (reg 3(1), 4(1), 5(1), 6(1), 7(1)). The application must be in writing and state the nature, proposed situation, height and intended use of the building (reg 7(1)-(2)). Builders who proceed without approval commit strict liability offences (regs 3(1A), 4(1A), 5(1A), 6(1A)).
• Landowners and occupiers: Notices under reg 11 may be addressed to the owner of the land on which the building or object is situated, to the person in occupation, or both (reg 11(3)). Owners and occupiers therefore may be required to remove objects, or to mark or light them, and are liable for failure to comply (reg 11(5)-(6)). If they do not comply, the Authority may direct other persons to enter and carry out the work (reg 12).
• Persons with interests in land: The Regulations define "interest in relation to land" broadly to include legal and equitable estates, and rights, powers or privileges over land (reg 2). That definition is relevant to compensation claims where property is acquired otherwise than on just terms, and to who may be affected by notices and requirements.
• Owners of natural objects and trees: The definition of "object" explicitly includes a tree or other natural obstacle (reg 2). Vegetation owners or occupiers may therefore be targeted by removal or marking/lighting directions under reg 11.
• Applicants for approvals under prior regulations: Transitional provision reg 17 preserves approvals and pending applications made under the Air Navigation (Buildings Control) Regulations where corresponding provisions exist, so persons in that position are carried forward into this regime (reg 17(1)-(2)).
• The Authority and authorised persons: The Authority administers approvals, imposes conditions, issues notices under reg 11, directs entry under reg 12, and may authorise necessary action and reasonable force (reg 8, 11, 12, 15(2)). Authorised persons have a statutory power to enter land for specified enforcement and inspection purposes (reg 15(1)). They must carry identification cards (reg 15(3)-(5)).
• Persons affected by decisions: Decisions under reg 8(2), reg 8(3) and reg 11(1) are eligible for review by the Administrative Review Tribunal (reg 9(1)). Those whose interests are affected are entitled to receive notice that includes a statement that they may apply to the Tribunal and may request reasons under the Administrative Review Tribunal Act 2024 (reg 9(2)).

Who bears the direct financial burden depends on the action: owners/occupiers may bear the cost of removal or marking/lighting required by an Authority notice, subject to potential compensation under reg 14; where an acquisition would occur contrary to just terms the Authority must pay compensation under reg 13. The Authority can also direct entry and have specified persons carry out the work (reg 12), which shifts practical implementation costs. Enforcement fines are payable by the offender (penalty units in regs 3-6, 10, 11).

This section sets out the principal statutory obligations, decision‑maker discretions and rights of review or compensation.

Duties

• Do not construct in a regulated area except with approval (reg 3(1)). Do not construct above the specified heights in height‑limited areas except with approval (regs 4(1), 5(1), 6(1)). Each of those duties carries a penalty of 10 penalty units and is a strict liability offence (regs cited and notes referencing the Criminal Code).
• If granted an approval, comply with the conditions subject to which approval is granted (reg 10(1)). Failure is a strict liability offence and carries a penalty of 10 penalty units (reg 10(1)-(2)).
• Comply with a written notice under reg 11 where the Authority directs removal, or directs marking or lighting of a building, structure or object that constitutes or may constitute a hazard (reg 11(1), (5)). Failure is an offence of strict liability penalised by 2 penalty units (reg 11(5)-(6)).
• Where an authorised person seeks to enter land for enumerated purposes, the landowner/occupier must permit entry subject to statutory service and identification requirements, and may request to see the authorised person’s identification card (reg 15(1), (3)-(5)).

Rights and administrative discretions

• Application and information rights: Prospective constructors have the right to apply in writing to the Authority or an authorised person (reg 7(1)). The applicant must supply particulars,nature, situation, height, purposes,and may be required to furnish further information reasonably required for proper consideration (reg 7(2)-(3)).
• Approval grant, refusal and conditions: The Authority or an authorised person may grant an approval, refuse it, or grant it subject to conditions, including conditions regarding marking or lighting (reg 8(1)-(2)). After grant the Authority may impose, revoke or vary conditions relating to marking or lighting by notice in writing; those altered conditions become the operative conditions (reg 8(3)).
• Criterion for decision: The Authority cannot refuse, condition, or impose construction or marking/lighting conditions unless satisfied that the building or structure, if erected, or if erected other than in accordance with conditions, will or may constitute an obstruction, hazard or potential hazard to aircraft flying in the vicinity of the aerodrome named in the description of the area (reg 8(4)). That hazard test is the statutory lens for exercising discretion under reg 8.
• Enforcement powers: The Authority may serve written directions requiring removal or marking/lighting where a building/object constitutes or may constitute a hazard (reg 11(1)); it may exercise these powers regardless of whether approval existed (reg 11(2)). If notice is not complied with, the Authority may direct specified persons to enter the land and carry out the requirement (reg 12).
• Use of force and action authorisation: The Authority may authorise any necessary action and the use of any reasonable force for preventing contravention of, or securing compliance with, the Regulations (reg 15(2)). The power is framed as an executive enforcement instrument.
• Compensation entitlements: Persons whose property would otherwise be acquired other than on just terms are entitled to compensation from the Authority (reg 13). Where removal or marking/lighting causes loss, damage or expense, the person is entitled to reasonable compensation as agreed or as determined by a court (reg 14). Compensation mechanisms are procedural: agreement first, court determination if no agreement.
• Review rights: A person aggrieved by a decision under reg 8(2), reg 8(3) or reg 11(1) may apply to the Administrative Review Tribunal (reg 9(1)). Notices of decisions given to affected persons must include a statement about that right and that the person may request reasons under section 268 of the Administrative Review Tribunal Act 2024 (reg 9(2)). A failure to include the statements does not affect the validity of the decision (reg 9(3)).

Procedural detail

• Service of notices: Notices under reg 11 may be served by personal delivery, posting to the person’s last known abode by prepaid registered letter, or, where the person cannot be found and abode is unknown, by affixing the notice conspicuously on or near the object (reg 11(4)). This prescribes a clear notice regime where ownership or occupation is uncertain.
• Identification and entry: Authorised persons must carry identification cards in a form approved by the Authority, and must produce them if requested by the owner or occupier (reg 15(3)-(5)). Entry powers are limited in scope to specified purposes (reg 15(1)(a)-(e)), but the Authority may authorise reasonable force if necessary (reg 15(2)).

These duties and rights structure behaviour: constructors must plan approval applications where Schedules apply; owners must expect possible removal or marking obligations; the Authority and authorised persons hold substantive and procedural enforcement and inspection powers; affected persons have review and compensation avenues.

The Regulations specify criminal penalties, strict liability classifications and administrative enforcement mechanisms. This section sets out the concrete instruments of enforcement and their legal contours.

Penalty quantum and strict liability

• Monetary penalties are expressed in penalty units. The Regulations set out specific penalties: 10 penalty units for constructing in a restricted area without approval (reg 3), and the same quantum for constructing above the 25, 50 or 150 foot thresholds without approval (regs 4, 5, 6). A failure to comply with the conditions of an approval is also 10 penalty units (reg 10(1)). Failure to comply with a notice under reg 11(5) attracts 2 penalty units.
• Several offences are expressly declared strict liability offences (regs 3(1A), 4(1A), 5(1A), 6(1A), 10(2), 11(6)). The notes direct readers to section 6.1 of the Criminal Code for the strict liability regime. As strict liability offences, the prosecution does not need to prove fault elements such as intention or knowledge; the accused may rely on any statutory defences permitted by the Criminal Code.

Administrative enforcement and remedies

• Notices for removal or marking/lighting: Where a building/object constitutes or may constitute a hazard the Authority may issue a written notice directing removal, or giving directions as to marking or lighting (reg 11(1)(e)-(f)). Notices can be addressed to owners and occupiers, and are served by specified methods (reg 11(3)-(4)).
• Post‑notice default powers: If a person does not comply with a notice, the Authority may direct specified persons to enter upon the land and carry out the requirement that has not been complied with (reg 12). This creates an administrative remedy whereby the Authority can ensure compliance by arranging the work itself or through authorised persons and then seek to recover costs or rely on compensation mechanisms as applicable.
• Use of force authorised: The Authority may authorise necessary action and the use of any reasonable force for the purpose of preventing a contravention of, or securing compliance with, the Regulations (reg 15(2)). The Regulations do not prescribe a process for prior judicial authorisation; the power is framed as an executive enforcement tool.
• Entry and inspection powers: Authorised persons may enter any land for a closed list of purposes including ascertaining compliance, determining notice terms, and accessing areas specified in a Schedule (reg 15(1)). They must carry identification and produce it on request (reg 15(3)-(5)).
• Variation and post‑grant conditions: The Authority may impose, vary, add to or revoke conditions relating to marking or lighting even after an approval is granted (reg 8(3)). Those conditions become the operative conditions and non‑compliance with them is a strict liability offence (reg 10), exposing the holder to enforcement action.

Procedural safeguards and review

• Administrative review: Decisions under reg 8(2), 8(3) and 11(1) are reviewable to the Administrative Review Tribunal (reg 9(1)). The person affected must be given notice of the decision and the notice must state review rights and the right to request reasons under the Administrative Review Tribunal Act 2024 (reg 9(2)). A failure to include that statement does not affect the validity of the decision (reg 9(3)).
• Compensation where enforcement impacts property rights: If the operation of a provision would result in acquisition of property other than on just terms, the Authority must pay reasonable compensation as agreed or as determined by a court (reg 13). If removal or marking/lighting causes loss, damage or expense, the Authority must pay reasonable compensation as agreed or as determined by a court (reg 14).

Enforcement incentives and practical effects

• Strict liability and modest penalties: The strict liability character of several offences reduces the evidentiary burden on the regulator; the monetary penalties are expressed in penalty units and the immediate deterrent effect will scale with the value of the penalty unit, which is external to these Regulations. Non‑compliance with a removal/marking notice carries a lower monetary penalty (2 units) than construction without approval (10 units), but the Authority’s power to arrange works under reg 12 shifts the practical enforcement burden onto owners/occupiers who do not comply.
• Executive discretion: The Authority has broad tools,notice, directed works, reasonable force authorisation and post‑grant conditioning,to secure compliance. Those powers permit administrative resolution short of prosecution, but also permit forcible measures in specified circumstances.

Combined, these provisions permit the Authority to use a graduated enforcement approach: administrative notices and directed works, backed by strict liability criminal offences for non‑compliance and the potential for compensation liability where property or loss is affected.

The Regulations are tightly framed but deliberately cross‑refer to other statutory regimes and prior instruments. The text itself establishes several explicit interactions.

Criminal Code, strict liability

• The Regulations declare particular offences to be strict liability offences and the notes reference section 6.1 of the Criminal Code (regs 3(1A), 4(1A), 5(1A), 6(1A), 10(2), 11(6)). That cross‑reference places these infringements within the Criminal Code’s framework for strict liability, including any reverse‑onus or excuse provisions contained in the Code. The Regulations do not restate the Criminal Code tests; they rely on it for the legal character of the offences.

Constitutional acquisition and just terms

• Reg 13 explicitly links the concept of acquisition with paragraph 51(xxxi) of the Constitution by stating that "acquisition of property" and "just terms" have the same meanings as in that paragraph. That means if the operation of these Regulations would result in acquisition of property other than on just terms, the Authority must pay reasonable compensation (reg 13(1)). This aligns the compensation regime with constitutional acquisitive guarantees, at least in definitional terms.

Administrative Review Tribunal Act 2024

• Reg 9(1) makes decisions under reg 8(2), 8(3) or 11(1) reviewable by the Administrative Review Tribunal, and reg 9(2) requires notices to include a statement that an aggrieved person may apply to the Tribunal subject to the Administrative Review Tribunal Act 2024 and may request a statement of reasons under s 268 of that Act. The Regulations therefore integrate administrative review rights with the Tribunal Act’s processes and rights to reasons. The Regulations leave procedural timelines and the Tribunal’s powers to that Act.

Prior legislation and transitional continuity

• Reg 17 contains transitional provisions preserving approvals and pending applications under the Air Navigation (Buildings Control) Regulations where corresponding provisions exist. That creates a legal bridge from the prior regulatory instrument to the current Regulations, and indicates that the regime is an institutional successor to the Air Navigation instrument without repeating its content. The text does not reproduce the prior regulations, but it preserves the legal effect of approvals and pending applications for corresponding provisions.

Overlap with property and tort law

• The Regulations do not displace compensation mechanisms for removal or marking/lighting beyond reg 14. Reg 14 creates an entitlement to reasonable compensation for loss, damage or expense caused directly by removal or marking/lighting under these Regulations, to be resolved by agreement or, failing agreement, by a court of competent jurisdiction. The Regulations therefore interact with general court jurisdiction over damages and remedies.

Local planning and building control

• The text does not specify any relationship with local planning approvals, building codes or development consents. It creates an overlay statutory permission that must be obtained where the Schedules apply, but the Regulations do not state whether an approval under these Regulations substitutes for or complements other statutory approvals. The absence of express coordination language means practitioners must consider concurrent duties under other planning or building regimes when advising clients, but that observation is based on the text’s silence rather than a statutory cross‑reference.

Service and property law

• The Regulations prescribe service methods for notices including personal service, posting to last known abode by registered post, and affixing where the person cannot be found (reg 11(4)). That regime interacts operationally with general service and property notice practice; the Regulations create a specific route for effecting notice where ownership or abode is uncertain.

In sum, the Regulations embed themselves in a network of constitutional guarantees (just terms), the Criminal Code (strict liability framework), the Administrative Review Tribunal Act 2024 (review and reasons), and historical instruments (Air Navigation (Buildings Control) Regulations) while leaving unaddressed their relationship with local planning and building regulatory frameworks.

The Regulations as provided do not include an attached consolidated amendment schedule, marginal notes indicating alteration dates, or legislative history commentary. The text does, however, contain internal signs of temporal layering and cross‑references that point to prior or contemporaneous instruments:

• The title indicates the instrument is the Civil Aviation (Buildings Control) Regulations 1988. The body contains a transitional provision that preserves approvals and pending applications under the Air Navigation (Buildings Control) Regulations where a provision of those Regulations corresponds to a provision of these Regulations (reg 17(1)-(2)). That shows the present instrument was intended to succeed or replace the Air Navigation instrument for corresponding provisions, and that rights and applications under the predecessor were to be carried forward.
• The Regulations cross‑refer to the Administrative Review Tribunal Act 2024 in reg 9(2), specifically to the right to request a statement of reasons under s 268 of that Act. The presence of a 2024 Act reference in a 1988 instrument indicates later legislative interaction or amendment, or that the Regulations are being read in a statutory environment where the Tribunal Act governs review. The Regulations themselves do not set out when this cross‑reference was inserted or amended.
• There are notes that direct the reader to section 6.1 of the Criminal Code for strict liability. The Criminal Code cross‑reference is an interpretive note rather than a formal amendment history item, but it demonstrates reliance on broader criminal law for offence characterisation.
• There is no text in the supplied document describing amendments, dates of amendment, or the history of changes to the Schedules or penalty unit values. The Regulations themselves do not define the current value of a penalty unit; that is determined elsewhere.

Practical implication

• To build a complete amendment history or timeline you would need the source instrument’s legislative history, parliamentary papers, or consolidated legislation database entries showing amendments, insertions (for example any addition of reg 9 references to the 2024 Tribunal Act), repeals, and changes to Schedules. The Regulations contain transitional language preserving continuity with the Air Navigation (Buildings Control) Regulations, but do not provide a record of amendments that post‑date their original 1988 form.

In short, the text supplies a snapshot of operative provisions and explicit transitional and cross‑statutory links, but not a full amendment log. Practitioners requiring an amendment history will need to consult official consolidated legislation records or parliamentary amendment instruments.

The Regulations as supplied contain no case citations, no judicial interpretations, and no recorded litigation history. The text does, however, set out the specific administrative review route and judicial avenues that would be relevant in any challenge:

• Reviewable decisions and tribunal route: Decisions under reg 8(2), reg 8(3) and reg 11(1) are expressly reviewable by the Administrative Review Tribunal (reg 9(1)). That creates an immediate administrative review pathway for decisions to refuse or condition approvals and for removal/marking/lighting directions.
• Statements of reasons and tribunal procedure: Reg 9(2) requires notices of decisions to include a statement informing affected persons that they may apply to the Administrative Review Tribunal in accordance with the Administrative Review Tribunal Act 2024 and may request a statement of reasons under s 268 of that Act. That indicates the Tribunal statutory regime will supply procedural mechanisms for review, reasons, potentially remedial orders or remittal.
• Compensation disputes in courts: Where agreement on compensation under reg 13 or reg 14 cannot be reached, the Regulations specify resolution by "a court of competent jurisdiction." Therefore, disputes over compensation for acquisition, or compensation for loss/damage/expense resulting from removal or marking/lighting, are designed to be litigable in the courts if agreement fails (regs 13(1), 14).
• Judicial review of administrative action: The text does not expressly state a right to judicial review, but decisions reviewable by an administrative tribunal and orders of a court resolving compensation disputes are typical points at which judicial review or appeals could arise. The Regulations do not alter general court supervisory jurisdiction over administrative action; the text is silent on remedies such as certiorari or injunctions.

What the text does not provide

• No reported decisions: The Regulations do not include any reported judicial decisions, statutory interpretations, or example enforcement cases.
• No procedural timelines or limitation periods: The Regulations do not specify time limits for applications to the Administrative Review Tribunal, for the Authority to decide applications, or limitation periods for bringing compensation claims. Those procedural details will be governed by the Administrative Review Tribunal Act 2024, court rules, and general limitation statutes and practice.

Practical note for litigators and advisers

• Where a client faces a decision under reg 8 or a notice under reg 11, the immediate statutory route for challenge is the Administrative Review Tribunal as set out in reg 9(1), supported by the right to request a statement of reasons under the Tribunal Act (reg 9(2)). Compensation disputes can be litigated in a court of competent jurisdiction if agreement with the Authority cannot be reached (regs 13-14). Beyond that, the Regulations provide no litigation history to guide interpretation; factual disputes about hazard will be central in any review or litigation because the hazard test anchors the Authority’s discretion (reg 8(4)).

These are specific, source‑grounded traps, ambiguities and implementation risks that arise directly from the text.

• Strict liability for construction and non‑compliance: Key operational offences are strict liability (regs 3(1A), 4(1A), 5(1A), 6(1A), 10(2), 11(6)). Strict liability means a person can be penalised without proof of intention or knowledge; the Criminal Code reference is included but the Regulations themselves do not provide defences or context. Practitioners should assume fault need not be proved for liability, shifting the practical onus onto defendants to raise available statutory or common law defences under the Criminal Code.
• Post‑grant conditionality: The Authority can impose, vary, add to or revoke conditions relating to marking or lighting after grant (reg 8(3)). An approval that seems settled can be altered later by notice; compliance with subsequently imposed conditions is mandatory and non‑compliance is a strict liability offence (reg 10). Clients should not treat approval as final on matters of marking/lighting.
• Authority may act irrespective of approval: The Authority’s removal/marking/lighting powers apply whether or not an approval was given for the building or structure (reg 11(2)). That means approved structures may still be subject to removal or new marking conditions if they constitute or may constitute a hazard.
• Use of force and entry powers: Reg 15(2) allows the Authority to authorise "any necessary action and the use of any reasonable force" to prevent contravention or secure compliance. The text does not require prior judicial authorisation for the use of force; it is an executive power. That raises implementation and reputational risk for the Authority and practical compliance risk for landowners where forced entry or works could occur.
• Notice service where owner unknown: If the person addressed by a notice cannot be found and abode is unknown, the Authority may serve the notice by affixing it prominently on or near the object (reg 11(4)(c)). That mode can be operationally effective but may raise subsequent disputes about whether effective service occurred, especially where title is contested.
• Compensation procedural friction: Reg 13 and reg 14 require compensation to be agreed between the person and the Authority, or, failing agreement, determined by a court. There is no prescribed interim relief, no valuation methodology, and no timetable. Parties facing urgent removal or marking requirements may face delay and cost if compensation is contested.
• Schedule dependency and map risk: The geographic scope depends entirely on Schedules 1-4 which describe areas by plan number (regs 3(2), 4(2), 5(2), 6(2)). The Regulations as provided do not include those Schedules. In practice, determining whether a parcel is within a regulated area will turn on plan interpretation and cadastral mapping; uncertainty over which plan applies or inaccuracies in mapping may create compliance risk and dispute.
• Silence on interaction with other approvals: The Regulations do not state whether approval under these Regulations is in addition to, or in place of, other statutory approvals such as local planning consents or building permits. Practitioners should not assume the Aviation approval substitutes for other statutory consents; concurrent compliance obligations may create duplication of process and cost.
• No statutory decision timeframe: There is no timeframe set for the Authority to make a decision on an application nor for the Authority to issue a notice under reg 11. The Regulations do not give an applicant a statutory right to a decision within a set period, nor do they set time limits for the Authority’s enforcement actions. That creates uncertainty for project scheduling.
• Limited penalties but administrative remedies: Monetary penalties are modestly expressed in penalty units (10 or 2 units) but the Authority’s practical power to direct works under reg 12 may impose immediate costs on the landowner or occupier even where penalties are limited. The Authority can also authorise reasonable force (reg 15(2)); these practical remedies can be more consequential than monetary fines.
• Notice content requirement does not invalidate decisions: Reg 9(2) requires notice of decisions to include specific statements about review and reasons; reg 9(3) then says that contravention of that requirement does not affect the validity of the decision. That reduces procedural remedies available for defective notices but preserves the substantive decision.

Each "gotcha" arises directly from the text; advisers should address them with procedural precautions: confirm Schedule boundaries, document communications with the Authority, preserve rights to compensation, and be ready for post‑approval variations, notices, and possible directed works.

This is a practical checklist, grounded in the Regulations, for a landowner, occupier, developer or adviser seeking to avoid contraventions and to manage regulatory risk.

1. Determine geographic applicability

   • Obtain and inspect Schedules 1-4 and the referenced plan(s). The prohibitions and height thresholds apply only in areas described in those Schedules (regs 3(2), 4(2), 5(2), 6(2)). Do not assume a parcel is outside the regulated area without verifying the plan numbers and their extents.

2. Pre‑application diligence

   • Before any construction, measure and record the proposed height above ground, exact siting, intended use, and any surrounding objects or trees that could affect aircraft safety; these are the particulars required in an application (reg 7(2)).
   • Check whether any existing approvals under the former Air Navigation (Buildings Control) Regulations apply to the site and whether they correspond to provisions of these Regulations, noting transitional reg 17(1)-(2).

3. Make the application correctly

   • Lodge a written application with the Authority or an authorised person (reg 7(1)). Ensure the application states the nature, proposed situation, height and purposes of the building or structure (reg 7(2)).
   • Be prepared to supply further information if requested by notice from the Authority or authorised person; the Regulations permit the Authority to require further information reasonably necessary for proper consideration (reg 7(3)). Keep records of all information provided and requests received.

4. Prepare for conditions and post‑grant variation

   • Anticipate conditions, particularly relating to marking or lighting. The Authority may grant approvals subject to conditions (reg 8(2)), and may impose, vary or add conditions after grant via notice (reg 8(3)). Design proposals with flexibility to accommodate marking/lighting conditions and cost estimates for potential retrofitting.

5. Compliance during construction and after grant

   • If approval is granted, comply strictly with the approval conditions. A person to whom approval is granted must comply with the conditions; failure is a strict liability offence with a 10 penalty unit fine (reg 10(1)-(2)).
   • Maintain documentation that shows construction adhered to approval conditions: certified plans, inspection certificates, marking/lighting installations, and photographs.

6. Responding to notices under reg 11

   • If the Authority issues a written notice directing removal or specifying marking/lighting, comply within the time specified in the notice (reg 11(1)(e)-(f), 11(5)). Non‑compliance is a strict liability offence with a 2 penalty unit fine (reg 11(6)).
   • If the notice is served and you contest the hazard finding, preserve the right to apply to the Administrative Review Tribunal for review (reg 9(1)-(2)). Note the notice must include a statement about review rights; nonetheless, absence of the statement does not affect the validity of the decision (reg 9(3)).

7. Dealing with enforcement entry and directed works

   • If you fail to comply with a notice and the Authority issues a direction to specified persons to enter and perform the work (reg 12), you should immediately seek to engage with the Authority to agree compensation or to negotiate a timetable; reg 14 entitles affected persons to compensation for loss, damage or expense as agreed or determined by a court.
   • Where an authorised person seeks to enter land for inspection or to determine notice terms, ask to see the authorised person’s identification card, which they must carry and produce if requested (reg 15(3)-(5)). If necessary, document the entry and any actions taken.

8. Compensation and acquisition issues

   • If you consider that the operation of the Regulations will amount to an acquisition of property other than on just terms, notify the Authority and assert entitlement to reasonable compensation under reg 13. Seek agreement on compensation; if none, prepare to pursue determination in a court of competent jurisdiction.
   • If your property is being subject to removal or marking/lighting that causes loss or expense, seek agreement on compensation under reg 14 and preserve records of costs and losses.

9. Administrative review and legal remedies

   • If aggrieved by a decision under reg 8(2), 8(3) or reg 11(1), note that you may apply to the Administrative Review Tribunal under reg 9(1). Request a statement of reasons under s 268 of the Administrative Review Tribunal Act 2024 as the Regulations advise affected persons to do in their decision notices (reg 9(2)).
   • If tribunal review is insufficient or the dispute concerns compensation, litigation in a court of competent jurisdiction is contemplated by regs 13 and 14.

10. Risk management and documentation

    • Keep detailed records of all applications, correspondence, notices received and service methods used (reg 11(4)). Where notices are affixed under reg 11(4)(c), photograph and time‑stamp the affixture.
    • Factor in the risk of post‑grant variation in preparing contracts, financing terms and project schedules. Build contingencies for marking/lighting costs and potential removal obligations.
    • Seek early legal advice where the hazard test is disputed. The hazard test is the statutory touchstone for refusal or conditioning (reg 8(4)); technical aviation evidence may be necessary.

Following the procedural steps above, and engaging early with the Authority on technical matters such as marking and lighting, will reduce the risk of strict liability offences and of the Authority exercising directed‑works powers under reg 12.