Document ID: chunk:federal_register_of_legislation:F2024C01048:reg:68m
Version: federal_register_of_legislation:F2024C01048
Segment Type: reg
Provision Reference: reg 68M
Character Range: 89657–92154

68M  Removal or marking etc. of buildings, structures or objects
 (1) If there is within a defence aviation area:
 (a) a building, structure or object that exceeds the height restriction applying to the building, structure or object within the defence aviation area as specified in a Ministerial declaration for the defence aviation area; or
 (b) a building, structure or object that generates plumes or air turbulence, or causes plumes or air turbulence to be generated, above the height restriction applying to the building, structure or object within the defence aviation area as specified in a Ministerial declaration for the defence aviation area; or
 (c) any other object that constitutes or may constitute a hazard to:
 (i) aircraft operating in, or in the vicinity of, the defence aviation area; or
 (ii) aviation‑related communications, navigation or surveillance;
the Minister may, by notice in writing, give directions with respect to:
 (d) the removal (in whole or in part), within a time of not less than 28 days specified in the notice, of the whole or a specified part of the building, structure or object; or
 (e) the marking, lighting, screening, modification or relocation of the building, structure or object within a time specified in the notice.
 (2) The Minister may give a direction under subsection (1) only if the Minister is reasonably satisfied that it is necessary to do so for the purpose of preventing or reducing hazards to:
 (a) aircraft; or
 (b) aviation‑related communications, navigation or surveillance.
 (3) The time specified in a notice must be a reasonable time in all the circumstances.
 (4) The powers conferred by subsection (1) may be exercised in relation to a building, structure or object whether or not approval has been granted under section 68F or 68K.
 (5) A notice under subsection (1) in relation to a building, structure or object may be given to any person whom the Minister reasonably believes occupies, or has an interest in, the land on which the building, structure or object is situated.
 (6) A notice under subsection (1) 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.
 (7) 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.