Civil Aviation (Buildings Control) Regulations 1988
Statutory Rules No. 161, 1988
made under the
Civil Aviation Act 1988
Compilation No. 4
Compilation date: 14 October 2024
Includes amendments: F2024L01299
About this compilation
This compilation
This is a compilation of the Civil Aviation (Buildings Control) Regulations 1988 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name of Regulations
2 Interpretation
3 Prohibition of the construction of buildings in specified areas
4 Prohibition of the construction of buildings of more than 25 feet in height in specified areas
5 Prohibition of the construction of buildings of more than 50 feet in height in specified areas
6 Prohibition of the construction of buildings of more than 150 feet in height in certain areas
7 Application for approval
8 Grant or refusal of approval
9 Review of decisions
10 Penalty for failing to comply with conditions subject to which an approval is granted
11 Removal, marking or lighting of hazards to air navigation
12 Provisions applicable where notice is not complied with
13 Compensation for acquisition of property
14 Compensation in respect of certain loss, damage or expense
15 Authority and authorised persons to have certain powers
17 Transitional
Schedule 1
Schedule 2
Schedule 3
Schedule 4
Schedule 5
Schedule 6
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Editorial changes
1 Name of Regulations
These Regulations are the Civil Aviation (Buildings Control) Regulations 1988.
2 Interpretation
In these Regulations, unless the contrary intention appears:
authorised person means a person authorised in writing…
Overview
The Civil Aviation (Buildings Control) Regulations 1988 were enacted to address the need for controlling the construction and height of buildings near major airports in Australia to prevent obstructions and hazards to aircraft. These regulations were made under the Civil Aviation Act 1988 by the Australian Parliament, with the overarching policy objective being to ensure the safety and efficiency of air navigation by regulating construction activities in areas adjacent to aerodromes. The regulations establish specific height restrictions and require approvals for construction in certain areas around major airports, including Sydney (Kingsford Smith), Bankstown, Moorabbin, Adelaide, Melbourne, and Essendon Fields airports. The enactment aimed to fill the legislative gap by providing detailed controls and enforcement mechanisms to ensure that buildings do not pose risks to air navigation.
Scope and Application
The Civil Aviation (Buildings Control) Regulations 1988 apply to the construction of buildings and structures within certain areas around specified aerodromes in Australia, specifically targeting those that may pose an obstruction, hazard, or potential hazard to aircraft. The Regulations apply to persons and entities intending to construct buildings or structures in these areas. The geographic scope includes areas around aerodromes in New South Wales, Victoria, and South Australia, as detailed in the Schedules of the Regulations. These areas are defined by reference to specific plans included in the Schedules, which mark the regions with various types of hachuring indicating different height restrictions. The Regulations prohibit the construction of buildings in these areas without approval, with varying height restrictions up to 150 feet, and impose strict liability for non-compliance, meaning no intent to contravene the law is required for an offence to be established. Approval for construction can be granted by the Authority or an authorised person, subject to conditions that may include requirements for marking or lighting to ensure the building or structure is visible to aircraft. The Regulations also provide for the removal, marking, or lighting of existing hazards, and for compensation to be paid where property is acquired or where loss, damage, or expense results from the removal or marking of a building or structure. Authorised persons have the authority to enter land to enforce compliance with the Regulations and may use reasonable force to prevent contraventions or secure compliance. The Regulations extend to transitional provisions that maintain the effect of approvals and applications made under previous legislation, ensuring continuity of control over building activities in the vicinity of aerodromes.
Key Provisions
- The Civil Aviation (Buildings Control) Regulations 1988 (the "Regulations") under the Civil Aviation Act 1988, govern the construction of buildings in specified areas near Australian airports to ensure the safety of air navigation. Regulation 3 prohibits the construction of buildings or structures in specified areas without approval, while Regulations 4, 5, and 6 impose similar restrictions on buildings of more than 25 feet, 50 feet, and 150 feet in height respectively. The areas specified for these prohibitions are detailed in Schedules 1 through 4. An application for approval to construct a building or structure must be made in writing to the Authority or an authorised person, detailing the nature, height, and intended use of the proposed construction (Regulation 7). The Authority or an authorised person can grant approval subject to conditions, including those related to the marking or lighting of the building or structure (Regulation 8). Decisions by the Authority or an authorised person to grant or refuse approval can be reviewed by the Administrative Review Tribunal (Regulation 9). Failure to comply with the conditions of an approval is an offence (Regulation 10). The Authority can direct the removal or marking/lighting of any building, structure, or object that poses a hazard to air navigation (Regulation 11), and may take action if the requirements of such directions are not met (Regulation 12). The Regulations also provide for compensation for property acquisition and for loss, damage, or expense resulting from the removal or marking/lighting of a building, structure, or object (Regulations 13 and 14). Authorised persons can enter land to ascertain compliance with the Regulations and carry out necessary actions, with the use of reasonable force if required (Regulation 15). Transitional provisions are in place to ensure continuity of approvals and applications made under the previous Air Navigation (Buildings Control) Regulations (Regulation 17).
- The Regulations impose strict obligations on individuals and entities seeking to construct buildings in specified areas near airports, requiring them to obtain approval from the Authority or an authorised person. These obligations include submitting detailed written applications, complying with any conditions imposed on approvals, and ensuring that buildings or structures do not pose a hazard to air navigation. Failure to comply with these obligations can result in civil and criminal penalties. For instance, constructing a building in a prohibited area without approval is an offence of strict liability, punishable by a penalty of 10 penalty units (Regulations 3, 4, 5, and 6). Similarly, failing to comply with the conditions of an approval is also an offence of strict liability, with a penalty of 10 penalty units (Regulation 10). Non-compliance with directions to remove or mark/light a hazard can incur a penalty of 2 penalty units (Regulation 11). These penalties are intended to enforce compliance with the Regulations and ensure the safety of air navigation around Australian airports.
- Area of Law
- Administrative Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Offence Provisions
- Prohibited Conduct
- Compliance Obligations
- Review & Sunset Clauses
- Compensation for acquisition of property
- Compensation in respect of certain loss, damage or expense