Document ID: chunk:federal_register_of_legislation:F2024C01048:reg:68n
Version: federal_register_of_legislation:F2024C01048
Segment Type: reg
Provision Reference: reg 68N
Character Range: 92154–93738

68N  Removal or marking of buildings, structures or objects in urgent situations
 (1) This section applies if the Minister is satisfied on reasonable grounds that:
 (a) a building, structure or object within a defence aviation area; or
 (b) plumes or air turbulence generated by a building, structure or object within a defence aviation area; or
 (c) the use of an object within a defence aviation area;
constitutes, contributes to or results in, a serious and imminent risk to aircraft or aviation‑related communications, navigation or surveillance.
 (2) Despite section 68M, the Minister may, by notice in writing, give directions with respect to the following:
 (a) the removal of the whole or a specified part of the building, structure or object within a time specified in the notice;
 (b) the marking, lighting, screening, modification or relocation of the building, structure or object within a time specified in the notice.
 (3) The time specified in the notice must be reasonable in all the circumstances.
Note: The notice may require immediate compliance if the circumstances are sufficiently serious.
 (4) A notice under subsection (2) 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.
 (5) 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.

Division 3—Monitoring