Document ID: chunk:federal_register_of_legislation:C2024C00680:section:187
Version: federal_register_of_legislation:C2024C00680
Segment Type: section
Provision Reference: s 187
Character Range: 271908–274138

187  Remedial orders

Unauthorised structures
 (1) If:
 (a) a controlled activity referred to in paragraph 182(1)(a), (b) or (c) is carried out in relation to prescribed airspace; and
 (b) the activity is not declared by the regulations to be exempt from this Division; and
 (c) either:
 (i) the activity was not authorised by an approval granted under the regulations; or
 (ii) if such an approval was granted in relation to the activity—a condition of the approval was contravened;
the Federal Court may, on application by the Minister, make an order requiring a person:
 (d) to carry out remedial work on; or
 (e) to mark and/or light; or
 (f) to reduce the height of; or
 (g) to demolish, dismantle or remove;
the building, structure or thing concerned.

Interference with safety, efficiency or regularity of air transport operations
 (2) If the Federal Court is satisfied that it is in the interests of the safety, efficiency or regularity of existing or future air transport operations into or out of a particular airport to do so, the court may, on application by the Minister, make an order requiring a person:
 (a) to carry out remedial work on; or
 (b) to mark and/or light; or
 (c) to reduce the height of; or
 (d) to demolish, dismantle or remove;
a building, structure or object that intrudes into prescribed airspace.

Ancillary orders
 (3) In addition to the Federal Court's powers under subsections (1) and (2), the court:
 (a) has power, for the purpose of securing compliance with any other order made under this section, to make an order directing any person to do or refrain from doing a specified act; and
 (b) has power to make an order containing such ancillary or consequential provisions as the court thinks just.

Notice of application
 (4) The Federal Court may, before making an order under this section, direct that notice of the Minister's application be given to such persons as it thinks fit or be published in such manner as it thinks fit, or both.

Variation etc.
 (5) The Federal Court may, by order, rescind, vary or discharge an order made by it under this section or suspend the operation of such an order.

Definition
 (6) In this section:
object includes a tree or other natural obstacle.