Document ID: chunk:federal_register_of_legislation:C2011C00065:clause:4_70c:p1
Version: federal_register_of_legislation:C2011C00065
Segment Type: clause
Provision Reference: sch 4 cl 70C (pt 1/2)
Character Range: 60022–62645

70C  Entering or remaining on Aboriginal land—aerodromes

Aerodromes outside community land

 (1) Subject to this section, a person may board an aircraft, or disembark from an aircraft, that is on an aerodrome that is on vested Aboriginal land and that is outside community land if:
 (a) there is a road from community land that provides access to the aerodrome and the aerodrome services the members of the community concerned; and
 (b) the person does so in accordance with the directions of the operator of the aircraft; and
 (c) the boarding or disembarking is for the purpose of travelling to or from any community land and is not for a purpose that is unlawful.

Note: See section 70A for the definitions of vested Aboriginal land and community land.

 (2) If subsection (1) applies, the person may also:
 (a) enter or remain on any area of the aerodrome allocated for use by passengers for any purpose related to the boarding or disembarking; and
 (b) cross any vested Aboriginal land to get from the aerodrome to the road or from the road to the aerodrome.

Aerodromes within community land

 (3) Subject to this section, a person may:
 (a) board an aircraft, or disembark from an aircraft, that is on an aerodrome that is within community land if:
 (i) the person does so in accordance with the directions of the operator of the aircraft; and
 (ii) the boarding or disembarking is for the purpose of travelling to or from any community land that is outside the aerodrome and is not for a purpose that is unlawful; and
 (b) enter or remain on any area of the aerodrome allocated for use by passengers for any purpose related to the boarding or disembarking.

Limitations

 (4) Subsection (1) or (3) does not apply to the landing of an aircraft at an aerodrome.

 (5) Subsection (1) or (3) does not apply in relation to an aerodrome that, at the time of commencement of this section, is covered by a lease granted under section 19. This subsection ceases to apply in relation to the aerodrome once the lease ends.

 (6) Subsection (1) or (3) does not apply in relation to an aerodrome that, at the time of commencement of this section, is covered by a lease that was granted under section 19 and is preserved as an interest under subsection 19A(10). This subsection ceases to apply in relation to the aerodrome once the interest ends.

 (7) Subsection (1), (2) or (3) applies subject to any limitation prescribed by the regulations for the purposes of this subsection.

No obligation to maintain aerodromes

 (8) The Land Trust concerned is under no obligation to maintain an aerodrome to which subsection (1) or