95Removal or marking of objects which constitute obstructions or potential hazards to air navigation

#### 95 Removal or marking of objects which constitute obstructions or potential hazards to air navigation (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, CASA 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 Chicago 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) A person is guilty of an offence if: (a) CASA serves on the person a notice under this regulation; and (b) the person fails to comply with the directions contained in the notice. Penalty: 25 penalty units. (3A) If CASA serves a notice on a person under this regulation and the person does not comply with the directions in the notice, CASA may authorise an officer, with such assistance as is necessary and reasonable: (a) to enter the place where the object is located; and (b) to carry out the directions contained in the notice. (3B) An offence against subregulation (3) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (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 CASA. (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.