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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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