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AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 6

Indication of presence of obstructions near aerodromes.

6.(1) Where on representations made to it by an aerodrome undertaking the
Ministry is satisfied, with respect to any building, structure or erection in
the vicinity of the aerodrome that, in order to avoid danger to aircraft
flying in that vicinity in darkness or conditions of poor visibility,
provision ought to be made (whether by lighting or otherwise) for giving to
such aircraft warning of the presence of that building, structure or erection,
the Ministry may, by order made subject to negative resolution, authorise
(subject to any conditions specified in the order) the aerodrome undertaking

(a)to execute, instal, maintain, operate, and, as occasion requires, to repair
and alter, such works and apparatus as may be necessary for enabling such
warning to be given in the manner specified in the order, and

(b)so far as may be necessary for exercising any of the powers conferred by
the order to enter upon and pass over (with or without vehicles) any such land
as may be specified in the order.

(2) The Ministry shall, before making any order under subsection (1), publish,
in such manner as the Ministry thinks best for informing persons concerned,
notice of the proposal to make the order and of the place where copies of the
draft order may be obtained free of charge, and take into consideration any
representations with respect to the order which may, within such period not
being less than two months after the publication of the notice as may be
specified therein, be made to the Ministry by any person appearing to it to
have an estate in any land which would be affected by the order; and at the
end of that period the order may, subject to the provisions of this section,
be made with such modifications, if any, of the original draft as the Ministry
thinks proper.

(3) Every order under subsection (1) shall require the aerodrome undertaking
to which the order relates to pay to any person having an estate in any land
affected by the order such compensation for any loss or damage which that
person may suffer in consequence of the order as may, in default of agreement,
be determined by the Lands Tribunal and, for the purposes of this subsection,
any expense reasonably incurred in connection with the lawful removal of any
apparatus installed in pursuance of such an order, and so much of any expense
incurred in connection with the repair, alteration, demolition or removal of
any building, structure or erection to which such an order relates as is
attributable to the operation of the order, shall be deemed to be loss or
damage suffered in consequence of the order.

(4) The ownership of anything shall not be taken to be affected by reason only
that it is placed on or under, or affixed to, any land in pursuance of an
order under subsection (1); and (subject to the provisions of subsection (6))
so long as any such order in respect of an aerodrome is in force, no person
shall, except with the consent of the aerodrome undertaking, wilfully
interfere with any works or things which, to the knowledge of that person, are
works or things executed, placed or affixed on, under or over any land in
pursuance of the order.

(5) If any person contravenes the provisions of subsection (4), he shall be
guilty of an offence and be liable, on summary conviction, to a fine not
exceeding #200 or to imprisonment for a term not exceeding six months or to
both; and every person who wilfully obstructs a person in the exercise of any
of the powers conferred by an order under subsection (1) shall be guilty of an
offence and be liable, on summary conviction, to a fine not exceeding #100.

(6) Nothing in this section shall operate, in relation to any building,
structure or erection, so as to restrict the doing of any work for the purpose
of repairing, altering, demolishing or removing the building, structure or
erection where

(a)notice of the doing of that work is given as soon as may be to the
aerodrome undertaking; and

(b)the giving of warning of the presence of the building, structure or
erection in the manner provided by any order under this section in force in
relation thereto is not interrupted.

© 1971 Crown Copyright

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