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(2) The notice may be served either personally or by post or by affixing it
in some conspicuous place near to the object to which the notice
relates.
(3) A person is guilty of an offence if:
(a) CASA serves on the person a notice under this regulation; and
(b) the person fails to comply with the directions contained in the
notice.
Penalty: 25 penalty units.
(3A) If CASA serves a notice on a person under this regulation and the
person does not comply with the directions in the notice, CASA may
authorise an officer, with such assistance as is necessary and
reasonable:
(a) to enter the place where the object is located; and
(b) to carry out the directions contained in the notice.
(3B) An offence against subregulation (3) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(4) All reasonable expenses and the amount of any actual loss or damage
incurred and suffered by any person in complying with the directions
contained in a notice served upon him in pursuance of this regulation
may be recovered from CASA.
(5) For the purposes of this regulation, the defined limits of an aerodrome
means the area enclosed by the perimeter of the surface specified in
paragraph (a), and the surfaces referred to in subregulation (1) are:
(a) the surface 45 metres above the elevation of the nearest limit of
the landing area and extending horizontally outward for a
distance of 3,000 metres;
(b) the surface extending outward from the end of a landing strip
having the following dimensions and slopes:
(i) in the case of an aerodrome open only to aircraft making
non-instrument approaches—the width of the landing strip
at the landing strip end; a width of 750 metres at a point
3,000 metres outward from the end of the landing strip and
a slope of 1 in 40 rising outward from the end of the
landing strip; or
(ii) in the case of an aerodrome open to aircraft making
instrument approaches—the width of the landing strip at
the landing strip end, a width of 1,200 metres at a point
3,000 metres outward from the end of the landing strip and
a slope of 1 in 50 rising outward from the end of the
landing strip;
Replacement Page Amdt No. 8
December 2004
310 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(c) the surface sloping upwards and outwards from the edge of the
surface specified in paragraph (b) to the intersection with the
surface specified in paragraph (a) and having a slope of 1 in 7;
and
(d) the surface sloping upwards and outwards from the boundary of
the landing area to the intersection with the surface specified in
paragraph (a) and having a slope of 1 in 7.
(6) This regulation does not apply to or in relation to an aerodrome
referred to in a plan in a Schedule to the Civil Aviation (Buildings
Control) Regulations.
96 Dumping of rubbish
(1) In this regulation, aerodrome means:
(a) an aerodrome established under the Air Navigation Regulations;
(b) a place the use of which as an aerodrome is authorised by a
certificate granted, or registration, under Part 139 of CASR; or
(c) an aerodrome in respect of which an arrangement under section
20 of the Act is in force.
(2) Where CASA is satisfied that the presence of waste foodstuffs in the
vicinity of an aerodrome constitutes or may constitute such an
attraction to birds as to create a hazard or a potential hazard to aircraft
using that aerodrome or flying in the vicinity of that aerodrome,
CASA may, by notice in the Gazette, declare that area to be an area of
land to which this regulation applies.
(3) A person shall not leave waste foodstuffs on, or bring waste foodstuffs
onto, an area of land to which this regulation applies.
Penalty: 50 penalty units.
(4) CASA may, by notice in writing, require the owner of land on which
waste foodstuffs are, being land within an area of land to which this
regulation applies, to remove, within a time specified in the notice, the
waste foodstuffs from his or her land to a place outside an area of land
to which this regulation applies, or to deal, within a time, and in a
manner, specified in the notice, with the waste foodstuffs.
(5) A notice under subregulation (4) may be served personally or by post.
(6) A person shall not fail to comply with the requirements of a notice
served on him or her under subregulation (4).
Penalty: 50 penalty units.
(6A) An offence against subregulation (3) or (6) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
　
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