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(a) the aerodrome or the operator complies with a requirement of
Part 139 of CASR that corresponds to the requirement of that
subregulation; or
(b) under Subpart 202.GA of CASR, the aerodrome or the operator
is taken to so comply.
Note Regulation 202.705 of CASR provides for the continuation in force of certain
exemptions granted under regulation 89ZD.
(6) This regulation does not affect the operation of regulation 224 or any
other provision with which the operator or pilot in command of an
aircraft landing at, or taking off from, an aerodrome is required to
comply.
(7) An offence against subregulation (1), (4) or (4A) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(8) It is a defence to a prosecution under subregulation (1) if the landing
or take-off occurred in an emergency.
Note A defendant bears an evidential burden in relation to the matter in
subregulation (8) (see subsection 13.3 (3) of the Criminal Code).
Replacement Page Amdt No. 8
December 2004
Civil Aviation Regulations 1988 307
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
93 Protection of certain rights
Nothing in these Regulations shall be construed as conferring on any
aircraft, as against the owner of any land or any person interested
therein, the right to alight on that land, or as prejudicing the rights or
remedies of any person in respect of any injury to persons or property
caused by the aircraft.
308 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
Division 9 Removal or Marking of Obstructions or Other Hazards
94 Dangerous lights
(1) Whenever any light is exhibited at or in the neighbourhood of an
aerodrome, or in the neighbourhood of an air route or airway facility
on an air route or airway, and the light is likely to endanger the safety
of aircraft, whether by reason of glare, or by causing confusion with,
or preventing clear reception of, the lights or signals prescribed in Part
13 or of air route or airway facilities provided under the Air Services
Act 1995, CASA may authorise a notice to be served upon the owner
of the place where the light is exhibited or upon the person having
charge of the light directing that owner or person, within a reasonable
time to be specified in the notice, to extinguish or to screen effectually
the light and to refrain from exhibiting any similar light in the future.
(2) An owner or person on whom a notice is served under this regulation
must comply with the directions contained in the notice.
Penalty: 25 penalty units.
(2A) An offence against subregulation (2) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(2B) It is a defence to a prosecution under subregulation (2) if the defendant
had a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter in
subregulation (2B) (see subsection 13.3 (3) of the Criminal Code).
(3) If any owner or person on whom a notice under this regulation is
served fails, within the time specified in the notice, to extinguish or to
screen effectually the light mentioned in the notice, CASA may
authorise an officer, with such assistance as is necessary and
reasonable, to enter the place where the light is and extinguish or
screen the light, and may recover the expenses incurred by CASA in
so doing from the owner or person on whom the notice has been
served.
95 Removal or marking of objects which constitute obstructions
or potential hazards to air navigation
(1) Subject to subregulation (6), whenever any object which is located on
or within the defined limits of an aerodrome open to public use by
aircraft engaged in international air navigation or air navigation within
a Territory and which projects above the surfaces specified in
subregulation (5) constitutes an obstruction or a potential hazard to
aircraft moving in the navigable air space in the vicinity of an
aerodrome, CASA may authorise a notice to be served upon the owner
of the property in which the object is located directing the owner,
within such reasonable time as is specified in the notice:
Civil Aviation Regulations 1988 309
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(a) to remove the object or such portion of it specified in the notice
as is practicable and necessary; or
(b) to install and operate lights on the object and mark it in
accordance with the requirements of the Convention.
　
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