1Name of Regulations
These Regulations are the Civil Aviation (Buildings Control) Regulations 1988.
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These Regulations are the Civil Aviation (Buildings Control) Regulations 1988.
In these Regulations, unless the contrary intention appears:
authorised person means a person authorised in writing by the Authority for the purposes of the provision in which the expression occurs.
engage in conduct means:
do an act; or
omit to perform an act.
interest in relation to land, means:
a legal or equitable estate or interest in the land; or
a right, power or privilege over, or in connection with, the land.
object includes a tree or other natural obstacle.
A person may construct, within an area to which this regulation applies, a building or structure only in accordance with an approval given under these Regulations.
Penalty: 10 penalty units.
An offence against subregulation (1) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
In this regulation, an area to which this regulation applies means an area described in Schedule 1 by reference to the plan that bears the number specified in the description and is in the Schedule so specified.
A person may construct, within an area to which this regulation applies, a building or structure having a greater height above the ground than 25 feet only in accordance with an approval given under these Regulations.
Penalty: 10 penalty units.
An offence against subregulation (1) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
In this regulation, an area to which this regulation applies means an area described in Schedule 2 by reference to the plan that bears the number specified in the description and is in the Schedule so specified.
A person may construct, within an area to which this regulation applies, a building or structure having a greater height above the ground than 50 feet only in accordance with an approval given under these Regulations.
Penalty: 10 penalty units.
An offence against subregulation (1) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
In this regulation, an area to which this regulation applies means an area described in Schedule 3 by reference to the plan that bears the number specified in the description and is in the Schedule so specified.
A person may construct, within an area to which this regulation applies, a building or structure having a greater height above the ground than 150 feet only in accordance with an approval given under these Regulations.
Penalty: 10 penalty units.
An offence against subregulation (1) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
In this regulation, an area to which this regulation applies means an area described in Schedule 4 by reference to the plan that bears the number specified in the description and is in the Schedule so specified.
An application for approval to construct a building or structure, the construction of which is prohibited under regulation 3, 4, 5 or 6 without approval, shall be in writing and shall be lodged with the Authority or an authorised person.
An application for approval shall state the nature and the proposed situation of the building or structure, its height above the ground and the purposes for which it will be used.
The Authority or an authorised person may, by notice in writing, require an applicant to furnish such further information in respect to the application as is reasonably required for a proper consideration of the application.
The Authority or an authorised person may grant an approval to construct a building or structure, the construction of which is prohibited under regulation 3, 4, 5 or 6 without approval.
The Authority or an authorised person may refuse an application for approval or may grant an application for approval subject to such conditions with respect to the construction of the building or structure or with respect to the marking or lighting of the building or structure as are specified in the approval.
After the grant of an approval under this regulation, the Authority or an authorised person may, by notice in writing served on the person to whom the approval has been given:
impose conditions with respect to the marking or lighting of the building or structure;
revoke any or all of the conditions subject to which the approval was given;
vary the conditions with respect to the marking or lighting of the building or structure; and
impose conditions with respect to the marking or lighting of the building or structure additional to the conditions subject to which an approval was given;
and the conditions as so imposed, altered or added to from time to time shall be deemed to be the conditions subject to which the approval is granted.
The Authority or an authorised person shall not:
refuse an application for approval;
grant an application for approval subject to conditions; or
impose conditions with respect to the construction of a building or structure or with respect to the marking or lighting of a building or structure;
unless the Authority or the authorised person is satisfied that the building or structure, if erected, or the building or structure if erected otherwise than in accordance with the conditions, as the case may be, will or may constitute an obstruction, hazard or potential hazard to aircraft flying in the vicinity of the aerodrome situated within the area in which it is proposed to construct the building or structure.
Application may be made to the Administrative Review Tribunal for review of a decision under subregulation 8(2), 8(3) or 11(1).
Where the Authority or an authorised person makes a decision referred to in subregulation (1) and gives to a person whose interests are affected by the decision notice in writing of the making of the decision, the notice shall include a statement to the effect that, if the person is dissatisfied with the decision, application may, subject to the Administrative Review Tribunal Act 2024, be made to the Administrative Review Tribunal for review of the decision and include a statement that the person may request a statement of reasons for the decision under section 268 of that Act.
A contravention of subregulation (2) in relation to a decision does not affect the validity of the decision.
A person to whom an approval is granted under regulation 8, must comply with the conditions, if any, subject to which the approval is granted.
Penalty: 10 penalty units.
An offence against subregulation (1) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
Where:
there is, in an area to which regulation 3 applies, a building, structure or object that constitutes or may constitute an obstruction, hazard or potential hazard to aircraft flying in the vicinity of the aerodrome named in the description of that area;
there is, in an area to which regulation 4 applies a building, structure or object having a greater height above the ground than 25 feet that constitutes or may constitute an obstruction, hazard or potential hazard to aircraft flying in the vicinity of the aerodrome named in the description of that area;
there is, in an area to which regulation 5 applies, a building, structure or object having a greater height above the ground than 50 feet that constitutes or may constitute an obstruction, hazard or potential hazard to aircraft flying in the vicinity of the aerodrome named in the description of that area; or
there is, in an area to which regulation 6 applies a building, structure or object having a greater height above the ground than 150 feet that constitutes or may constitute an obstruction, hazard or potential hazard to aircraft flying in the vicinity of the aerodrome situated within that area;
the Authority may, by notice in writing:
direct the removal within a time specified in the notice of the whole or a specified part of the building, structure or object; or
give directions with respect to the marking or lighting of the building, structure or object in such manner as the Authority considers is necessary to ensure that the existence of the building, structure or object is visible by day or by night to aircraft flying in the vicinity of the aerodrome named in the description of that area.
The powers conferred by subregulation (1) may be exercised in relation to a building or structure whether or not approval has been given under these Regulations to the construction of the building or structure.
A notice under subregulation (1) may be addressed to the person who owns the land on which the building or structure is erected or the object is situated or to the person in occupation of that land or to both of those persons.
A notice under subregulation (1) may be served:
by leaving it with, or tendering it to, the person, or to each of the persons, to whom it is addressed;
by posting it in a prepaid registered letter to the person, or to each of the persons, to whom it is addressed at his or her last known place of abode; or
where a person to whom the notice is addressed cannot be found and the place of abode of the person is unknown—by affixing it in a conspicuous position on or near to the object to which the notice relates.
A person must comply with the requirements in a notice served on him or her under this regulation.
Penalty: 2 penalty units.
An offence against subregulation (5) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
Where a person fails to comply, within such reasonable time as is specified in a notice served on him or her under regulation 11, with a requirement in the notice, the Authority may, by notice in writing, direct such persons as are specified in the notice to enter upon the land on which the building, structure or object concerned is situated and carry out the requirement which has not been complied with.
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