CTHIn ForceLegislation
Defence Regulation 2016
68NRemoval or marking of buildings, structures or objects in urgent situations
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#### 68N Removal or marking of buildings, structures or objects in urgent situations
(1) This section applies if the Minister is satisfied on reasonable grounds that:
(a) a building, structure or object within a defence aviation area; or
(b) plumes or air turbulence generated by a building, structure or object within a defence aviation area; or
(c) the use of an object within a defence aviation area;
constitutes, contributes to or results in, a serious and imminent risk to aircraft or aviation‑related communications, navigation or surveillance.
(2) Despite section 68M, the Minister may, by notice in writing, give directions with respect to the following:
(a) the removal of the whole or a specified part of the building, structure or object within a time specified in the notice;
(b) the marking, lighting, screening, modification or relocation of the building, structure or object within a time specified in the notice.
(3) The time specified in the notice must be reasonable in all the circumstances.
> Note: The notice may require immediate compliance if the circumstances are sufficiently serious.
(4) A notice under subsection (2) must not be given to a person unless it is reasonable that the person should be required to comply with the requirement of the notice.
(5) A person commits an offence if:
(a) a notice is given to the person under this section; and
(b) the person:
(i) fails to comply with a direction in the notice; or
(ii) fails to comply with a direction within the time specified in the notice.
Penalty: 20 penalty units.