Commonwealth Consolidated Regulations

DEFENCE (AREAS CONTROL) REGULATIONS 1989 - REG 2

(1)

In these Regulations, unless the contrary intention appears:

"building" includes any structure and any part of, or addition to, a building or structure.

"decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975 .

"interest", in relation to land, means:

(a)

a legal or equitable estate or interest in possession in the land; or

(b)

a right, power or privilege over, or in connection with, the land.

"the Act" means the Defence Act 1903 .

"the relevant day", in relation to affected land, means the day on which the land became affected land.

"Tribunal" means the Administrative Appeals Tribunal established by the Administrative Appeals Tribunal Act 1975 .

(2) In these Regulations, a reference to the height of an object on land is to be read as a reference to the height of the highest point of the object above the lowest point of the natural ground level of the land covered by the object.

(3)

In these Regulations, a reference to constructing a building includes a reference to causing or permitting a building to be constructed, altered or extended.

(4)

In these Regulations, a reference to the marking of an object is to be read as a reference to marking the object (whether by lights, an electronic device or by any other means) in such manner that the existence of the object can be recognized by day and by night from an aircraft.

(5)

In these Regulations, a reference to an object hazardous to aircraft or to communications is to be read as a reference to an object:

(a)

that is, or may become, an obstruction or hazard to aircraft; or

(b)

that interferes, or may interfere, with the control of aircraft; or

(c)

that interferes, or may interfere, with the communications required for the control of aircraft or for the defence of Australia.