Commonwealth Consolidated Acts

AIRPORTS ACT 1996 - SECT 182

  (1)   For the purposes of this Division, the following activities are controlled activities in relation to a prescribed airspace:

  (a)   constructing a building, or other structure, that intrudes into the prescribed airspace;

  (b)   altering a building or other structure so as to cause the building or structure to intrude into the prescribed airspace;

  (c)   any other activity that causes a thing attached to, or in physical contact with, the ground to intrude into the prescribed airspace;

  (d)   operating a source of artificial light, where:

  (i)   the intensity of the light emitted exceeds the level ascertained in accordance with the regulations; and

  (ii)   the light is capable of blinding or confusing pilots of aircraft operating in the prescribed airspace;

  (e)   operating prescribed plant, or a prescribed facility, that reflects sunlight, where:

  (i)   the intensity of the reflected sunlight exceeds the level ascertained in accordance with the regulations; and

  (ii)   the reflected sunlight is capable of blinding pilots of aircraft operating in the prescribed airspace;

  (f)   an activity that results in air turbulence, where:

  (i)   the level of the turbulence exceeds the level ascertained in accordance with the regulations; and

  (ii)   the turbulence is capable of affecting the normal flight of aircraft operating in the prescribed airspace;

  (g)   an activity that results in the emission of smoke, dust or other particulate matter, where:

  (i)   the emission exceeds the level ascertained in accordance with the regulations; and

  (ii)   the smoke, dust or particulate matter is capable of affecting the ability of aircraft to operate in the prescribed airspace in accordance with Visual Flight Rules;

  (h)   an activity that results in the emission of steam or other gas, where:

  (i)   the emission exceeds the level ascertained in accordance with the regulations; and

  (ii)   the steam or gas is capable of affecting the ability of aircraft to operate in the prescribed airspace in accordance with Visual Flight Rules.

Note:   Prescribed airspace is defined by section   181.

  (2)   Regulations must not be made for the purposes of paragraph   (1)(d), (e), (f), (g) or (h) unless it is in the interests of the safety, efficiency or regularity of existing or future air transport operations to do so.

  (3)   Paragraphs   (1)(d), (e), (f), (g) and (h) do not apply to:

  (a)   an ordinary domestic or household activity; or

  (b)   anything arising out of the operation of an aircraft.

  (4)   In this section:

"Chicago Convention" means the Convention on International Civil Aviation concluded at Chicago on 7   December 1944, as amended by the Protocols referred to in subsection   3A(2) of the Air Navigation Act 1920 .

"Visual Flight Rules" means Visual Flight Rules set out in Annex   2 to the Chicago Convention.