- (1)
- Where:
- (a)
- a building is in an area to which regulation 3 applies; or
- (b)
- a building higher than 7.5 metres is in an area to which regulation 4
applies; or
- (c)
- a building higher than 15 metres is in an area to which
regulation 5 applies; or
- (d)
- a building higher than 45 metres is in an area
to which regulation 6 applies; or
- (e)
- a building higher than 90 metres is in
an area to which regulation 7 applies; or
- (f)
- any other object hazardous to
aircraft or to communications is in an area to which regulation 3, 4, 5, 6 or
7 applies;
the Minister may, by notice in writing, give directions with respect to:
- (g)
- the removal, within a time of not less than 28 days specified in the notice,
of the whole or a specified part of the building or object; or
- (h)
- the
marking of the building or object within a time of not less than 28 days
specified in the notice.
- (2)
- The powers conferred by subregulation (1) may be exercised in relation to
a building whether or not approval has been granted under these Regulations to
construct the building.
- (3)
- A notice under subregulation (1) in relation to a building or object on
land may be served on any person believed by the Minister to occupy, or to
have an interest in, the land.
- (4)
- A notice under subregulation (1) must not be served on a person unless it
is reasonable that the person should be required to comply with the
requirement of the notice.
(5) A person is guilty of an offence if:
- (a)
- a
notice is served on the person under this regulation; and
- (b)
- the person does
not comply with a direction in the notice.
Penalty: 20
penalty units.
- (5A)
- An offence under subregulation (5) is an offence of strict liability.
Note For strict liability , see section 6.1 of the Criminal
Code .
- (5B)
- It is a defence to a charge under subregulation (5) if the person had a
reasonable excuse for the relevant conduct.
Note A
defendant bears an evidential burden in relation to the matter in
subregulation (5B) (see section 13.3 of the Criminal Code ).
- (6)
- Where:
- (a)
- the Minister receives notice in writing of an application
under regulation 20 by a person to the Tribunal for review of a direction
given under subregulation (1); and
- (b)
- the time for compliance with that
direction has not expired, being the time specified in the notice served on
the person under subregulation (3);
that time is to be taken to be extended
by a period equal to the duration of the period commencing on the day on which
the first-mentioned notice was received by the Minister and ending at the end
of the day on which:
- (c)
- the application is withdrawn by the person; or
- (d)
- the application is dismissed by the Tribunal; or
- (e)
- any other decision of
the Tribunal on the application comes into operation.
- (7)
- Where the Minister receives notice in writing of an application by a
person to the Tribunal for review of a direction given under subregulation
- (1)
- and the time for compliance with that direction has expired, proceedings under
subregulation (5) against the person for failure to comply with that direction
must not be commenced, or be continued, until:
- (a)
- the application is
withdrawn by the person; or
- (b)
- the application is dismissed by the Tribunal;
or
- (c)
- any other decision of the Tribunal on the application comes into
operation.
- (8)
- Where the person to whom subregulation (3) applies cannot be found and the
place of business or residence of the person is unknown to the Minister, a
notice under subregulation (1) may be served on the person by affixing it in a
conspicuous position on or near the building, object or area to which the
notice relates.
Commonwealth Consolidated Regulations