Warning of obstructions

(1) If the Minister is satisfied, with respect to any building, structure or erection in the vicinity of an aerodrome, that in order to avoid danger to aircraft flying in conditions of darkness or poor visibility, provision ought to be made (whether by lighting 22 Civil Aviation Act or otherwise) for giving to such aircraft warning of the presence of that building, structure or erection, he may by Order authorize the manager or proprietor of the aerodrome or any person acting under his instructions– (a) to execute, install, maintain, operate, repair or alter such works and apparatus as may be necessary for enabling such warning to be given in the manner specified in the Order; and (b) so far as may be necessary for exercising any power conferred by the Order to enter upon and pass over (with or without vehicles) any such land as may be specified in the Order, provided that no such Order shall be made in relation to any building, structure or erection if it appears to the Minister that there have been made, and are being carried out, satisfactory arrangements for the giving of such warning as aforesaid of the presence of the building, structure or erection. (2) The Minister shall, before making any such Order as aforesaid, cause to be published, in such manner as he thinks best for informing persons concerned, notice of the proposal to make the Order and of the place where copies of the draft Order may be obtained free of charge, and take into consideration any representations with respect to the Order which may, within such period not being less than two months after the publication of the notice as may be specified therein, be made to him by any person appearing to him to have an interest in any land which would be affected by the Order; and at the end of that period the Order may, subject to the provisions of this section, be made with such modifications (if any) of the original draft as the Minister thinks proper. (3) Every such Order as aforesaid shall provide– (a) that, except in a case of emergency, no works shall be executed on any land in pursuance of Civil Aviation Act 23 the Order, unless at least fourteen days previously, the manager or proprietor of the aerodrome to which the Order relates has served in the manner prescribed by the Order on the occupier of that land, and on every other person known by the manager or proprietor to have an interest therein, a written notice containing such particulars of the nature of the proposed works, and the manner in which and the time at which it is proposed to execute them, as may be prescribed by or in accordance with the Order; and (b) that if, within fourteen days after service of the said notice on any person having such an interest, the manager or proprietor of the aerodrome receives a written intimation of objection on the part of that person to the proposals contained in the notice, being an intimation which specifies the grounds of objection, then, unless and except in so far as the objection is withdrawn, no steps shall be taken in pursuance of the notice without the specific sanction of the Minister. (4) Any person having an interest in the land affected by an Order under this section shall be entitled to the payment of compensation for any loss or damage that that person may suffer in consequence of the Order as might, in default of agreement, be determined by a single arbitrator appointed by the Chief Justice; and for the purpose of this sub-section, any expense reasonably incurred in connection with the lawful removal of any apparatus installed in pursuance of such an Order, and so much of any expense incurred in connection with the repair, alteration, demolition or removal of any building, structure or erection to which such an Order relates as is attributable to the operation of the Order, shall be deemed to be loss or damage suffered in consequence of the Order, 24 Civil Aviation Act provided that no compensation shall be payable for any loss or damage suffered in consequence of an Order made under this section where the building, structure or erection has been erected in contravention of any Order or regulatiofn under this Act or in contravention of any other law, rule, regulation or Order. (5) The ownership of anything shall not be taken to be affected by reason only that it is placed in, or affixed to, any land in pursuance of such an Order as aforesaid; and (subject to the provisions of the next following sub-section) so long as any such Order in respect of any aerodrome is in force, no person shall, except with the consent of the manager or proprietor of the aerodrome, wilfully interfere with any works or things which, to the knowledge of that person, are works or things executed or placed in, on or over any land in pursuance of the Order. (6) If any person contravenes the provisions of sub-section (5) above he shall be liable on summary conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding one year or both; and every person who wilfully obstructs a person in the exercise of any power conferred by such an Order as aforesaid shall be liable on summary conviction to a fine not exceeding one thousand dollars. (7) Nothing in this section shall operate, in relation to any building, structure or erection, so as to restrict the doing of any work for the purpose of repairing, altering, demolishing or removing the building, structure or erection, provided that– (a) notice of the doing of such work is given without delay to the manager or proprietor of the aerodrome; and (b) the giving of the warning of the presence of the building, structure, or erection in the manner Civil Aviation Act 25 provided by any Order under this section in force in relation thereto is not interrupted.