#### 72 Trespass or nuisance by aircraft 72 Trespass or nuisance by aircraft (cf former s 2(1) and (5) of [Damage by Aircraft Act 1952](/view/html/repealed/current/act-1952-046)) > > (1) No action lies in respect of trespass or nuisance by reason only of the flight (or the ordinary incidents of the flight) of an aircraft over any property at a height above the ground that is reasonable (having regard to wind, weather and all the circumstances of the case) so long as the Air Navigation Regulations are complied with. > > > (2) In this section, Air Navigation Regulations means the regulations made under the [Air Navigation Act 1920](http://www.legislation.gov.au/) of the Commonwealth and includes such of the provisions of those regulations as are applicable to and in respect of air navigation within New South Wales by virtue only of the [Air Navigation Act 1938](/view/html/inforce/current/act-1938-009). > > **pt 12 (ss 72, 73):** Ins 2011 No 62, Sch 4.2.

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