Air Navigation (Buildings Control) Regulations (Amendment) (Cth)

STATUTORY RULES

1970 No. 20

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REGULATIONS UNDER THE AIR NAVIGATION ACT 1920-1966.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Air Navigation Act 1920-1966.

Dated this twenty-seventh day of February, 1970

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Minister of State for Civil Aviation.

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Amendments of the AIR Navigation (Buildings Control) Regulations

1. Regulation 2 of the Air Navigation (Buildings Control) Regulations is repealed and the; following regulation inserted in its stead:—

Definitions.

“2. In these Regulations, unless the contrary intention appears—

‘affected land’ means land comprised in an area to which regulation 3 of these Regulations applies;

‘interest’ in relation to land, means—

(a) a legal or equitable estate or interest in the land; or

(b) a right, power or privilege over, or in connexion with, the land;

‘object’ includes a tree or other natural obstacle;

‘the relevant day’, in relation to land that is affected land, means the day on which the land became affected land.”.

Prohibition of the construction of buildings in specified areas.

2. Regulation 3 of the Air Navigation (Buildings Control) Regulations is amended by omitting from sub-regulation (2.) all the words after the word “plan” and inserting in their stead the words “that bears the number specified in the description and is in the Schedule to these Regulations so specified”.

Prohibition of the construction of buildings of more than 25’ in height in specified areas.

3. Regulation 4 of the Air Navigation (Buildings Control) Regulations is amended by omitting from sub-regulation (2.) all the words after the word “plan” and inserting in their stead the words “that bears the number specified in the description and is in The Schedule to these Regulations so specified”.

Prohibition of the construction of buildings of more than 50’ in height in specified areas.

4. Regulation 4aof the Air Navigation (Buildings Control) Regulations is amended by omitting from sub-regulation (2.) all the words after the word “plan” and inserting in their stead the words “that bears the number specified in the description and is in the Schedule to these Regulations so specified”.

Prohibition of the construction of buildings of more than 150’ in height in specified areas.

5. Regulation 5 of the Air Navigation (Buildings Control) Regulations is amended by omitting from sub-regulation (2.) all the words after the word “plan” and inserting in their stead the words “that bears the number specified in the description and is in the Schedule to these Regulations so specified”.

 

* Notified in the Commonwealth Gazette on  1969.

  Statutory Rules 1966, No. 6, as amended by Statutory Rules 1967, No. 66.

19176/69—Price 25c  8/17.11.1969

6.—(1.)The Air Navigation (Buildings Control) Regulations are amended by inserting after regulation 10 the following regulation:—

Compensation in respect of dimunition in value of certain land.

“10a.—(1.) Where any land becomes affected land, the Director-General shall serve by post on an owner of an interest in that land a notification of the fact.

“(2.) Where—

(a) any land becomes affected land; and

(b) the value of that land immediately before the relevant day is diminished by reason of its becoming affected land,

the Commonwealth is, subject to the succeeding provisions of this regulation, liable to pay an amount equal to the amount by which the value of the land is so diminished as compensation in respect of the diminution in the value of the land.

“(3.) Where compensation is payable under this regulation in respect of a diminution in the value of any land, a person who, on the relevant day, was the owner of an interest in that land is entitled to be paid by the Commonwealth—

(a)if he is the only person who, on that day, was the owner of an interest in that land—the whole of the compensation so payable; or

(b)in any other case—such proportion of the compensation payable as is reasonable having regard to the other interests in that land.

“(4.) Compensation is not payable under this regulation in respect of a diminution in the value of any particular land unless a person who was, on the relevant day, the owner of an interest in that land furnishes to the Director-General in writing, not later than six months after service of a notification under sub-regulation (1.) of this regulation in respect of that land on an owner of such an interest, an application for compensation containing particulars of—

(a) the interest in that land that he claims to have had on that day;

(b)the amount claimed by him to be the amount of compensation payable by the Commonwealth in respect of the diminution in the value of that land;

(c) the name and address of any other person known to him to have had, on that day, an interest in that land and the nature of that interest; and

(d) the amount claimed by him in respect of his interest in that land.

“(5.) In determining the amount of compensation payable under this regulation in respect of a diminution in the value of any particular land—

(a) it shall be taken that approval will not be given under these Regulations for the construction of any building or structure on the land unless an approval to construct such a building or other structure has been so given or is, under the next succeeding sub-regulation, to be deemed to have been so given; and

(b) if such an approval has been so given or is to be deemed to have been so given, it shall be taken that the approval was given on the relevant day.

“(6.) Within two months after the first application for compensation under this regulation in respect of a diminution in the value of any particular land has been furnished to the Director-General, the Minister may, by instrument in writing served by post on the person who made the application, specify a type of building or structure, being a type of building or structure having a specified height above the ground, that may be erected in a specified position on the land and conditions, if any, with respect to the construction of the building or structure

 

or with respect to the marking of the building or structure and, if the Minister does so, approval is, for the purposes of these Regulations, to be deemed to have been given under these Regulations to construct a building or structure of that kind and having that height above the ground in that position on the land subject to compliance with those conditions.”.

(2.) The regulation inserted in the Air Navigation (Buildings Control) Regulations by the List preceding sub-regulation has effect only in relation to land that, on or after the date of commencement of that sub-regulation, becomes land comprised in an area to which regulation 3 of those Regulations applies.

Compensation in respect of certain loss, damage or expense.

7. Regulation 11 of the Air Navigation (Buildings Control) Regulations is amended by omitting the words “to compensation from the Commonwealth” and inserting in their stead the words “to be paid compensation by the Commonwealth in respect of that loss, damage or expense”.

Amendment of First Schedule.

8. The First Schedule to the Air Navigation (Buildings Control) Regulations is amended by adding at the end thereof the following items:—

“13 The area of land in the vicinity of the aerodrome known as Melbourne Airport in the State of Victoria delineated by cross hachuring on Plan No. 1 in the Sixth Schedule to these Regulations.

“14 The area of land in the vicinity of the aerodrome known as Melbourne Airport in the State of Victoria delineated by cross hachuring on Plan No. 2 in the Sixth Schedule to these Regulations.

“15 The area of land in the vicinity of the aerodrome known as Essendon Airport in the State of Victoria delineated by cross hachuring on Plan No. 3 in the Sixth Schedule to these Regulations.

“16 The area of land in the vicinity of the aerodrome known as Essendon Airport in the State of Victoria delineated by cross hachuring on Plan No. 4 in the Sixth Schedule to these Regulations.

“17 The area of land in the vicinity of the aerodrome known as Essendon Airport in the State of Victoria delineated by cross hachuring on Plan No. 5 in the Sixth Schedule to these Regulations.”.

Amendment of Second Schedule.

9. The Second Schedule to the Air Navigation (Buildings Control) Regulations is amended by adding at the end thereof the following items—

“16 The area of land in the vicinity of the aerodrome known as Melbourne Airport in the State of Victoria delineated by oblique hachuring on Plan No. 1 in the Sixth: Schedule to these Regulations.

“17 The area of land in the vicinity of the aerodrome known as Melbourne Airport in the State of Victoria delineated by oblique hachuring on Plan No. 2 in the Sixth Schedule to these Regulations.

“18 The area of land in the vicinity of the aerodrome known as Melbourne Airport in the State of Victoria delineated by oblique hachuring on Plan No. 7 in the Sixth Schedule to these Regulations.

“19 The area of land in the vicinity of the aerodrome known as Melbourne Airport in the State of Victoria delineated by oblique hachuring on Plan No. 8 in the Sixth Schedule to these Regulations.

“20 The area of land in the vicinity of the aerodrome known as Melbourne Airport in the State of Victoria delineated by oblique hachuring on Plan No. 9 in the Sixth Schedule to these Regulations.

 

“21 The area of land in the vicinity of the aerodrome known as Melbourne Airport in the State of Victoria delineated by oblique hachuring on Plan No. 10 in the Sixth Schedule to these Regulations.

“22 The area of land in the vicinity of the aerodrome known as Essendon Airport in the State of Victoria delineated by oblique hachuring on Plan No. 3 in the Sixth Schedule to these Regulations.

“23 The area of land in the vicinity of the aerodrome known as Essendon Airport in the State of Victoria delineated by oblique hachuring on Plan No. 4 in the Sixth Schedule to these Regulations.

“24 The area of land in the vicinity of the aerodrome known as Essersdon Airport in the State of Victoria delineated by oblique hachuring on Plan No. 5 in the Sixth Schedule to these Regulations.

“25 Each of the areas of land in the vicinity of the aerodrome known as Essendon Airport in the State of Victoria delineated by oblique hachuring on Plan No. 6 in the Sixth Schedule to these Regulations.”.

Amendment of Third Schedule.

10. The Third Schedule to the Air Navigation (Buildings Control) Regulations is amended by adding at the end thereof the following items:—

“8 The area of land in the vicinity of the aerodrome known as Melbourne Airport in the State of Victoria delineated by vertical hachuring on Plan No. 11 in the Sixth Schedule to these Regulations.

“9 The area of land in the vicinity of the aerodrome known as Melbourne Airport in the State of Victoria delineated by vertical hachuring on Plan No. 12 in the Sixth Schedule to these Regulations.

“10 The area of land in the vicinity of the aerodrome known as Melbourne Airport in the State of Victoria delineated by vertical hachuring on Plan No. 13 in the Sixth Schedule to these Regulations.

“11 The area of land in the vicinity of the aerodromes known as Melbourne Airport and Essendon Airport in the State of Victoria delineated by vertical hachuring on Plan No. 14 in the Sixth Schedule to these Regulations.”.

Amendment of Fourth Schedule.

11. The Fourth Schedule to the Air Navigation (Buildings Control) Regulations is amended by adding at the end thereof the following items:—

“8 The area of land in the vicinity of the aerodrome known as Melbourne Airport in the State of Victoria delineated by horizontal hachuring on Plan No. 11 in the Sixth Schedule to these Regulations.

“9 The area of land in the vicinity of the aerodrome known as Melbourne Airport in the State of Victoria delineated by horizontal hachuring on Plan No. 12 in the Sixth Schedule to these Regulations.

“10 The area of land in the vicinity of the aerodrome known as Melbourne Airport in the State of Victoria delineated by horizontal hachuring on Plan No. 13 in the Sixth Schedule to these Regulations.

“11 The area of land in the vicinity of the aerodromes known as Melbourne Airport and Essendon Airport in the State of Victoria delineated by horizontal hachuring on Plan No. 14 in the Sixth Schedule to these Regulations.

“12 The area of land in the vicinity of the aerodrome known as Essendon Airport in the State of Victoria delineated by horizontal hachuring on Plan No. 15 in the Sixth Schedule to these Regulations.”.

 

Sixth Schedule.

12.The Air Navigation (Buildings Control) Regulations are amended by adding at the end thereof the following Schedule:—

SIXTH SCHEDULE

Plan No. 1 — Melbourne Airport

 

Sixth Schedule—continued

Plan No. 2—Melbourne Airport

   

Sixth Schedule—continued

Plan No. 3—Essendon Airport

  

Sixth Schedule—continued

Plan No. 4—Essendon Airport

    

Sixth Schedule—continued

Plan No. 5—Essendon Airport

  

Sixth Schedule—continued

Plan No. 6—Essendon Airport

   

Sixth Schedule—continued

Plan No. 7—Melbourne Airport

MELBOURNE AIRPORT

  

Sixth Schedule—continued

Plan No. 8—Melbourne Airport

   

Sixth Schedule—continued

Plan No. 9—Melbourne Airport

  

Sixth Schedule—continued

Plan No. 10—Melbourne Airport

   

Sixth Schedule—continued

Plan No. 11—Melbourne Airport

  

Sixth Schedule—continued

Plan No. 12—Melbourne Airport

   

Sixth Schedule—continued

Plan No. 13—Melbourne Airport

  

Sixth Schedule—continued

Plan No. 14—Melbourne Airport and Essendon Airport

   

Sixth Schedule—continued

Plan No. 15—Essendon Airport

   

PLAN OF MELBOURNE AIRPORT AND ESSENDON AIRPORT SHOWING AREAS AFFECTED BY THE AIR NAVIGATION (BUILDINGS CONTROL) REGULATIONS

(Note.—This Plan does not form part of the Air Navigation (Buildings Control) Regulations, or of Statutory Rule 1969, No. , and is printed for convenience of reference only.

A reference in this plan to a numbered plan is a reference to the plan so numbered in the Sixth Schedule to the Air Navigation (Buildings Control) Regulations.)

  

Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra