68NRemoval or marking of buildings, structures or objects in urgent situations

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.