1Damage by Aircraft Act 1964

CrestWestern Australia

Damage by Aircraft Act 1964

Western Australia

Damage by Aircraft Act 1964

Contents

1. Short title 1

2. Commencement 1

3. Interpretation 1

4. Limitation of liability in respect of trespass or nuisance by flying over property 2

5. Liability for damage by aircraft or articles, etc., falling from an aircraft 2

Notes

Compilation table 4

Defined terms

Western Australia

Damage by Aircraft Act 1964

An Act to make provision in respect of liability for damage caused by aircraft and for incidental matters.

1. Short title

This Act may be cited as the Damage by Aircraft Act 1964 1.

2. Commencement

This Act shall come into operation on a date to be fixed by proclamation 1.

3. Interpretation

In this Act, unless the contrary intention appears —

Air Navigation Regulations means the Air Navigation Regulations made and as in force from time to time under the Commonwealth Act, and includes such of the provisions of those Regulations as apply to and in relation to air navigation within the State by virtue of the Air Navigation Act 1937;

article includes mail and postal articles, and any liquid and liquid spray;

Commonwealth Act means the Air Navigation Act 1920 of the Parliament of the Commonwealth and includes that Act as amended from time to time and any Act of the Parliament of the Commonwealth passed in substitution for the first mentioned Act;

loss or damage in relation to persons, includes loss of life and personal injury.

4. Limitation of liability in respect of trespass or nuisance by flying over property 2

No action lies in respect of trespass, or in respect of nuisance, by reason only of —

(a) the flight of an aircraft over any property at a height above the ground that, having regard to the wind, the weather, and all the circumstances, is reasonable; or

(b) the ordinary incidents of such a flight,

so long as the Air Navigation Regulations are complied with.

5. Liability for damage by aircraft or articles, etc., falling from an aircraft 2

(1) Where material loss or damage is caused to any person or property on land or water by, or by a person in, or by an article, animal or person falling from, an aircraft while the aircraft is in flight, or is taking off, or is landing then, unless the loss or damage was caused or contributed to by the negligence of the person by whom it was suffered, damages in respect of the loss or damage are recoverable from the owner of the aircraft without proof of negligence, or intention, or other cause of action, as if the loss or damage had been caused by the wilful act, neglect or default of the owner.