STATUTORY RULES
1967 No.
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REGULATIONS UNDER THE
AIR NAVIGATION ACT 1920-1966. *
I,
THE ADMINISTRATOR of the Government of 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 day of 1967.
Administrator.
By His Excellency’s
Command,
Minister of State for
Civil Aviation.
________
Amendments
of the Air Navigation (Buildings Control) Regulations
Prohibition of the construction of
buildings in specified areas.
1.Regulation 3 of the Air
Navigation (Buildings Control) Regulations is amended by omitting from
sub-regulation (2.) the words “Fourth Schedule” and inserting in their stead
the words “Fifth Schedule”.
Prohibition of the construction of
buildings of more than 25′in height in specified areas.
2.Regulation 4 of the Air
Navigation (Buildings Control) Regulations is amended by omitting from
sub-regulation (2.) the words “Fourth Schedule” and inserting in their stead
the words “Fifth Schedule”.
Prohibition of the construction of
buildings of more than 50′ in height in specified areas.
3.After regulation 4 of
the Air Navigation (Buildings Control) Regulations the following regulation is
inserted:—
“4a.—(1.) A person shall not, except in accordance with
an approval given under these Regulations, construct within an area to which
this regulation applies a building or other structure having a greater height
above the ground than fifty feet.
Penalty: One thousand
dollars or imprisonment for six months.
“(2.)
In this regulation, ‘an area to which this regulation applies’ means an area
described in the Third Schedule to these Regulations by reference to the plan
in the Fifth Schedule to these Regulations bearing the number specified in the
description.”.
Prohibition of the construction of
buildings of more than 150′ in height in specified areas.
4.Regulation 5 of the Air
Navigation (Buildings Control) Regulations is amended—
(a) by omitting from sub-regulation (2.) the
words “Third Schedule” and inserting in their stead the words “Fourth
Schedule”; and
(b) by omitting from that sub-regulation the
words “Fourth Schedule” and inserting in their stead the words “Fifth
Schedule”,
Application for approval..
5.Regulation 6 of the Air
Navigation (Buildings Control) Regulations is amended by inserting after the
figure “4” the figure and the letter “, 4a”.
_________________________________________________________________________________
“Notified in
the Commonwealth Gazette on 1967.
Statutory Rules 1966, No. 6.
21844/66.—Price 10c 10/3.5.1967
Grant or
refusal of approval.
6.Regulation 7 of the Air
Navigation (Buildings Control) Regulations is amended—
(a) by inserting in sub-regulation (1.) after
the figure “4”, the figure and letter “, 4a.”;
and
(b) by omitting paragraph (d) of
sub-regulation (3.) and inserting in its stead the following paragraph:—
“(d)impose conditions with respect to
the marking of the building or other structure additional to the conditions
subject to which an approval was given,”.
Removal or
marking of hazards to air navigation.
7.Regulation 9 of the Air
Navigation (Buildings Control) Regulations is amended—
(a) by omitting from paragraph (a)
of sub-regulation (1.) the words “situated within that area” and inserting in
their stead the words “named in the description of that area”;
(b) by omitting from paragraph (b)of
that sub-regulation the words “situated within that area; or” and inserting in
their stead the words “named in the description of that area;”;
(c) by inserting after paragraph (b) of that sub-regulation the following paragraph:—
“(ba)there is, in an area to which
regulation 4a of these Regulations
applies, a building, other structure or object having a greater height above
the ground than fifty 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”; and
(d) by omitting from paragraph (e)
of that sub-regulation the words “situated within that area” and inserting in
their stead the words “named in the description of that area”.
The Schedules.
8.The Schedules to the
Air Navigation (Buildings Control) Regulations are repealed and the Schedules
set out in the Schedule to these Regulations are inserted in their stead.
Compensation.
9.—(1.) In this
regulation—
“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;
“the prescribed date” means the twentieth day of
January, 1966, being the date of commencement of the Air Navigation (Buildings
Control) Regulations.
(2.)
This regulation applies to land comprised in an area of land delineated by
cross hachuring on a plan in the Fifth Schedule to the Air Navigation
(Buildings Control) Regulations amended by these Regulations.
(3.)
Where the value that any land to which this regulation applies had immediately
before the prescribed date was diminished by reason of the restrictions that
were, on and from the prescribed date, imposed on the construction of buildings
or other structures on the land by the Air Navigation (Buildings Control)
Regulations, 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 was so diminished as compensation in respect of that diminution in
value.
(4.)
Where compensation is payable by the Commonwealth in respect of the diminution
in the value of land to which this regulation applies, a person who, on the
prescribed date, 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
date, 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.
(5.)
Compensation is not payable under this regulation in respect of any particular
land to which this regulation applies unless the owner of an interest in that
land at the prescribed date furnishes to the Director-General in writing, not
later than six months after an owner of such an interest is notified in writing
by the Director-General of the making of this regulation, an application for
compensation containing particulars of—
(a)the interest in that land that he
claims to have had at the prescribed date;
(b) the amount claimed by him to be the amount
of compensation payable by the Commonwealth in respect of that land;
(c) the name and address of any of or person
known to him to have had, at the prescribed date, 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.
(6.)
In determining the amount of compensation payable by the Commonwealth in
respect of land to which this regulation applies—
(a)it
shall be taken that approval will not be granted under the Air Navigation
(Buildings Control) Regulations as amended by 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 to be
deemed to have been so given under the next succeeding sub-regulation; 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 prescribed date.
(7.)
Within two months after the first application for compensation under this
regulation in respect of any particular land has been furnished to the
Director-General, the Minister may, by notice in writing given to 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 the Air Navigation (Buildings Control) Regulations as
amended by these Regulations, to be deemed to have been given under those
Regulations as so amended to construct a building or structure of that kind and
that height above the ground in that position on the land subject to compliance
with those conditions.
THE SCHEDULE. Regulation
9.
“ THE SCHEDULES.
“FIRST SCHEDULE.
Regulation 3.
Item No. | Area |
1 | Each
of the areas of land in the vicinity of the aerodrome known as Sydney
(Kingsford Smith) Airport in the State of New South Wales delineated by cross
hachuring on Plan No. 1 in the Fifth Schedule to these Regulations.
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2 | Each
of the areas of land in the vicinity of the aerodrome known as Sydney
(Kingsford Smith) Airport in the State of New South Wales delineated by cross
hachuring on Plan No. 2 in the Fifth Schedule to these Regulations.
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3 | Each
of the areas of land in the vicinity of the aerodrome known as Bankstown
Airport in the State of New South Wales delineated by cross hachuring on Plan
No. 7 in the Fifth Schedule to these Regulations.
|
4 | The
area of land in the vicinity of the aerodrome known as Bankstown Airport in
the State of New South Wales delineated by cross hachuring on Plan No. 8 in
the Fifth Schedule to these Regulations.
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5 | The
area of land in the vicinity of the aerodrome known as Moorabbin Airport in
the State of Victoria delineated by cross hachuring on Plan No. 11 in the
Fifth Schedule to these Regulations.
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6 | The
area of land in the vicinity of the aerodrome known as Moorabbin Airport in
the Slate of Victoria delineated by cross hachuring on Plan No. 12 in the
Fifth Schedule to these Regulations.
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7 | Each
of the areas of land in the vicinity of the aerodrome known as Moorabbin
Airport in the State of Victoria delineated by cross hachuring on Plan No. 13
in the Fifth Schedule to these Regulations.
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8 | The
area of land in the vicinity of the aerodrome known as Moorabbin Airport in
the State of Victoria delineated by cross hachuring on Plan No. 14 in the
Fifth Schedule to these Regulations.
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9 | The
area of land in the vicinity of the aerodrome known as Adelaide Airport in
the State of South Australia delineated by cross hachuring on Plan No. 17 in
the Fifth Schedule to these Regulations.
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10 | Each
of the areas of land in the vicinity of the aerodrome known as Adelaide
Airport in the State of South Australia delineated by cross hachuring on Plan
No. 18 in the Fifth Schedule to these Regulations.
|
11 | The
area of land in the vicinity of the aerodrome known as Adelaide Airport in
the State of South Australia delineated by cross hachuring on Plan No. 20 in
the Fifth Schedule to these Regulations.
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12 | The
area of land in the vicinity of the aerodrome known as Adelaide Airport in
the State of South Australia delineated by cross hachuring on Plan No. 21 in
the Fifth Schedule to these Regulations.
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THE SCHEDULE—continued.
“SECOND SCHEDULE.
Regulation 4.
Item No. | Area |
1 | Each
of the areas of land in the vicinity of the aerodrome known as Sydney
(Kingsford Smith) Airport in the State of New South Wales delineated by
oblique hachuring on Plan No. 1 in the Fifth Schedule to these Regulations.,
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2 | The
area of land in the vicinity of the aerodrome known as Sydney (Kingsford
Smith) Airport in the State of New South Wales delineated by oblique hachuring
on Plan No. 2 in the Fifth Schedule to these Regulations.
|
3 | The
area of land in the vicinity of, the aerodrome known as Sydney (Kingsford
Smith) Airport in the State of New South Wales delineated by oblique
hachuring on Plan No. 3 in the Fifth Schedule to these Regulations.
|
4 | The
area of land in the vicinity of the aerodrome known as Sydney (Kingsford
Smith) Airport in the State of New South Wales delineated by oblique
hachuring on Plan No. 4 in the Fifth Schedule to these Regulations.
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5 | Each
of the areas of land in the vicinity of the aerodrome known as Bankstown
Airport in the State of New South Wales delineated by oblique hachuring on
Plan No. 7 in the Fifth Schedule to these Regulations.
|
6 | The
area of land in the vicinity of the aerodrome known as Bankstown Airport in
the Slate of New South Wales delineated by oblique hachuring on Plan No. 8 in
the Fifth Schedule to these Regulations.
|
7 | The
area of land in the vicinity of the aerodrome known as Moorabbin Airport in
the State of Victoria delineated by oblique hachuring on Plan No. 11 in the
Fifth Schedule to these Regulations.
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8 | The
area of land in the vicinity of the aerodrome known as Moorabbin Airport in
the State of Victoria delineated by oblique hachuring on Plan No. 12 in the
Fifth Schedule to these Regulations.
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9 | The
area of land in the vicinity of the aerodrome known as Moorabbin Airport in
the State of Victoria delineated by oblique hachuring on Plan No. 13 in the
Fifth Schedule to those Regulations.
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10 | Each
of the areas of land in the vicinity of the aerodrome known as Moorabbin
Airport in the State of Victoria delineated by oblique hachuring on Plan No.
14 in the Fifth Schedule to these Regulations.
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11 | Each
of the areas of land in the vicinity of the aerodrome known as Adelaide
Airport in the State of South Australia delineated by oblique hachuring on
Plan No. 17 in the Fifth Schedule to these Regulations.
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12 | The
area of land in the vicinity of the aerodrome known as Adelaide Airport in
the State of South Australia delineated by oblique hachuring on Plan No. 18
in the Fifth Schedule to these Regulations.
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13 | The
area of land in the vicinity of the aerodrome known as Adelaide Airport in
the State of South Australia delineated by oblique hachuring on Plan No. 19
in the Fifth Schedule to these Regulations.
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14 | The
area of land in the vicinity of the aerodrome known as Adelaide Airport in
the State of South Australia delineated by oblique hachuring on Plan No. 20
in the Fifth Schedule to these Regulations.
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15 | The
area of land in the vicinity of the aerodrome known as Adelaide Airport in
the State of South Australia delineated by oblique hachuring on Plan No. 21
in the Fifth Schedule to these Regulations.
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THE SCHEDULE—continued.
“ THIRD SCHEDULE.
Regulation 4a.
Item No. | Area |
1 | The
area of land in the vicinity of the aerodrome known as Sydney (Kingsford
Smith) Airport in the State of New South Wales delineated by vertical
hachuring on Plan No. 5 in the Fifth Schedule to these Regulations, other
than the areas of land delineated by oblique hachuring on Plans Nos. 3 and 4
in that Schedule.
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2 | The
area of land in the vicinity of the aerodrome known as Sydney (Kingsford
Smith) Airport in the State of New South Wales delineated by vertical
hachuring on Plan No, 6 in the Fifth Schedule to these Regulations.
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3 | The
area of land in the vicinity of the aerodrome known as Bankstown Airport in
the State of New South Wales delineated by vertical hachuring on Plan No. 9
in the Fifth Schedule to these Regulations.
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4 | The
area of land in the vicinity of the aerodrome known as Bankstown Airport in
the State or New South Wales delineated by vertical hachuring on Plan No. 10
in the Fifth Schedule to these Regulations.
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5 | The
area of land in the vicinity of the aerodrome known as Moorabbin Airport in
the State of Victoria delineated by vertical hachuring on Plan No. 15 in the
Fifth Schedule to these Regulations.
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6 | The
area of land in the vicinity of the aerodrome known as Moorabbin Airport in
the State of Victoria delineated by vertical hachuring on Plan No. 16 in the
Fifth Schedule to these Regulations.
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7 | The
area of land in the vicinity of the aerodrome known as Adelaide Airport in
the State of South Australia delineated by vertical hachuring on Plan No. 22
in the Fifth Schedule to these Regulations.
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THE SCHEDULE—continued,
“FOURTH SCHEDULE.
Regulation 5.
Item No. | Area |
1 | Each
of the areas of land in the vicinity of the aerodrome known as Sydney
(Kingsford Smith) Airport in the State of New South Wales delineated by
horizontal hachuring on Plan No. 5 in the Fifth Schedule to these
Regulations.
|
2 | Each
of the areas of land in the vicinity of the aerodrome known as Sydney
(Kingsford Smith) Airport in the State of New South Wales delineated by
horizontal hachuring on Plan No. 6 in the Fifth Schedule to these
Regulations.
|
3 | The
area of land in the vicinity of the aerodrome known as Bankstown Airport in
the State of New South Wales delineated by horizontal hachuring on Plan No. 9
in the Fifth Schedule to these Regulations.
|
4 | The
area of land in the vicinity of the aerodrome known as Bankstown Airport in
the State of New South Wales delineated by horizontal hachuring on Plan No.
10 in the Fifth Schedule to these Regulations.
|
5 | Each
of the areas of land in the vicinity of the aerodrome known as Moorabbin
Airport in the State of Victoria delineated by horizontal hachuring on Plan
No. 15 in the Fifth Schedule to these Regulations.
|
6 | The
area of land in the vicinity of the aerodrome known as Moorabbin Airport in
the State of Victoria delineated by horizontal hachuring on Plan No. 16 in
the Fifth Schedule to these Regulations.
|
7 | Each
of the areas of land in the vicinity of the aerodrome known as Adelaide
Airport in the State of South Australia delineated by horizontal hachuring on
Plan No. 22 in the Fifth Schedule to these Regulations.
|
FIFTH SCHEDULE
Plan No. I—Sydney (Kingsford Smith)
Airport
Fifth Schedule—continued
Plan No. 2—Sydney (Kingsford
Smith) Airport
Fifth
Schedule—continued
Plan No. 3—Sydney (Kingsford
Smith) Airport
FIFTH Schedule—continued
Plan No. 4—Sydney (Kingsford
Smith) Airport
Fifth
Schedule—continued
Plan No. 5—Sydney (Kingsford Smith) Airport
Fifth
Schedule—continued
Plan No. 6—Sydney (Kingsford
Smith) Airport
Fifth
Schedule—continued
Plan No. 7—Bankstown Airport
Fifth
Schedule—continued
Plan No. 8—Bankstown Airport
Fifth
Schedule—continued
Plan No. 9—Bankstown Airport
Fifth
Schedule—continued
Plan No. 10—Bankstown Airport
Fifth
Schedule—continued
Plan No. 11—Moorabbin Airport
Fifth
Schedule—continued
Plan No: 12—Moorabbin Airport
Fifth
Schedule—continued
Plan No. 13—Moorabbin Airport
Fifth
Schedule—continued
Plan No. 14—Moorabbin Airport
Fifth
Schedule—continued
Plan No. 15—Moorabbin Airport
Fifth
Schedule—continued
Plan No. 16—Moorabbin Airport
Fifth
Schedule—continued
Plan No. 17—Adelaide Airport
Fifth
Schedule—continued
Plan No. 18—Adelaide Airport
Fifth
Schedule—continued
Plan No. 19—Adelaide Airport
Fifth
Schedule—continued
Plan No. 20—Adelaide Airport
Fifth
Schedule—continued
Plan No. 21—Adelaide Airport
Fifth
Schedule—continued
Plan No. 22—Adelaide Airport
____________________
A. J. Arthur, Commonwealth
Government Printer, Canberra.