[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> AERODROMES ACT (NORTHERN IRELAND) 1971

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 4

Power to exercise control over land.

4.(1) Where on representations made to it by an aerodrome undertaking the
Ministry is satisfied that it is reasonably necessary to do so in order to
secure the safe and efficient use of an aerodrome, the Ministry may by order
declare that any area of land specified in the order shall be subject to
control by directions given in accordance with the provisions of this section.

(2) Where an order under subsection (1) is in force, the Ministry may, in
pursuance of any general or special authority given by the order, give
directions

(a)for prohibiting the erection within the area, except with the consent of
the Ministry given either generally or subject to conditions, of any buildings
or structures or of buildings or structures of such descriptions as may be
specified in the directions;

(b)for requiring the total or partial demolition of any building or structure
within the area to which the order relates;

(c)for restricting the height of trees upon any land within the area, or for
requiring any tree upon any such land to be cut down or reduced in height;

(d)for extinguishing any private right of way over land within the area;

(e)for restricting the installation of cables, mains, pipes, wires or other
apparatus upon, across, under or over any land within the area;

(f)for extinguishing, at the expiration of such period as may be determined by
the directions, any subsisting right of installing or maintaining any such
apparatus as aforesaid upon, across, under or over any land within the area;

(g)for requiring that, before the expiration of such period as may be
determined by the directions, any such apparatus shall be removed from any
land within the area.

(3) An order under subsection (1) may contain such consequential, incidental
and supplemental provisions as appear to the Ministry to be necessary or
expedient for the purposes of the order, including, in particular, provisions
for appeal by any person aggrieved by a direction under this section or by a
decision of the Ministry under the order, and, in addition to and not in
derogation of the provisions in Part II of Schedule 2, provisions for the
payment of compensation by the Ministry or by the aerodrome undertaking in
relation to which the order is made and for the recovery by the Ministry from
the aerodrome undertaking of compensation paid in certain circumstances by the
Ministry and provisions for empowering any person authorised in that behalf by
the Ministry, to remove, pull down, cut down, or alter so as to bring into
conformity with the requirements of any directions given under the order, any
building, structure, tree or apparatus which contravenes those requirements.

(4) An order made under subsection (1) shall be subject to affirmative
resolution.

(5) Before making any order under subsection (1), the Ministry shall consult
every [district council] within the area of which the whole or any part of the
area of land to which the proposed order will relate is situated and shall
publish in at least one newspaper circulating in the area to which the order
will relate a notice describing the area and stating the general effect of the
proposed order.

(6) The provisions of Schedule 2 shall have effect with respect to directions
given under an order made under this section.

(7) An order under subsection (1) shall be included amongst the matters which
are required to be registered in the Statutory Charges Register and
accordingly .... residue amends sch. 11 to 1970 c.18 (NI)

© 1971 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/aai1971284/s4.html