Barwon Heads Refuses FunFlight
Join Date: Nov 2015
Location: Dog House
Age: 49
Posts: 779
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Sunfish- laws are not important in a power struggle! nor are local pollies, they are easily eaten by Fatter Pollies.
I would fly the kids - than risk a rezone if I was a silent owner, or is that what I want?
I would fly the kids - than risk a rezone if I was a silent owner, or is that what I want?
Sunny,
Victoria can (unfortunately, and so can every other state) make certain rules for aviation.
The Commonwealth power is very limited legally, based on the treaty making powers, most recently the High Court "Franklin Dam" case.
In short, aviation is states rights, a very messy situation, with a long at at times very amusing history --- Look up the two Goya Henry cases.
Reg Ansett, among others, was a prolific litigator on the subject.
Also, S92 can come into it, remember East-West operating Sydney-Melbourne via Albury.
In Queensland, aircraft are caught up in motor traffic regulation, via the definition of a "vehicle" in the Queensland Crime Act.
Tootle pip!!
Victoria can (unfortunately, and so can every other state) make certain rules for aviation.
The Commonwealth power is very limited legally, based on the treaty making powers, most recently the High Court "Franklin Dam" case.
In short, aviation is states rights, a very messy situation, with a long at at times very amusing history --- Look up the two Goya Henry cases.
Reg Ansett, among others, was a prolific litigator on the subject.
Also, S92 can come into it, remember East-West operating Sydney-Melbourne via Albury.
In Queensland, aircraft are caught up in motor traffic regulation, via the definition of a "vehicle" in the Queensland Crime Act.
Tootle pip!!
Leady, I don't think you are quite correct this time. Some states ceded power to the Commonwealth, others did not. West Australia didn't and I don't think Queensland or NSW did either.
That, by the way, is why Ansett had to run separate airlines in WA and NSW - because the state governments demanded it as a condition of operation of the interstate flights.
We had to occasionally tread some very fine lines to avoid state interference from time to time. The classic was when Fokker offered $1 million to upgrade Broome runways if we would buy the new Fokker instead of the BAE146 (the new Fokker was weight limited for Broome on hot days). We got that surpressed very fast before the State government heard about it or they would have dictated that we buy Fokkers again and taken the money.
We have had one or two stoushes in Victoria about aviation but they all revolve around commercial land use, quiet enjoyment of private property, etc., etc. there has never been any suggestion that Victoria can dictate what happens when you are airborne.
Lindsay Fox still lands his helicopter in his back yard at Portsea and no one can stop him. It was especially galling for one protester who now finds her house to always be on the approach path for Lindsays place.
That, by the way, is why Ansett had to run separate airlines in WA and NSW - because the state governments demanded it as a condition of operation of the interstate flights.
We had to occasionally tread some very fine lines to avoid state interference from time to time. The classic was when Fokker offered $1 million to upgrade Broome runways if we would buy the new Fokker instead of the BAE146 (the new Fokker was weight limited for Broome on hot days). We got that surpressed very fast before the State government heard about it or they would have dictated that we buy Fokkers again and taken the money.
We have had one or two stoushes in Victoria about aviation but they all revolve around commercial land use, quiet enjoyment of private property, etc., etc. there has never been any suggestion that Victoria can dictate what happens when you are airborne.
Lindsay Fox still lands his helicopter in his back yard at Portsea and no one can stop him. It was especially galling for one protester who now finds her house to always be on the approach path for Lindsays place.
Lindsay Fox still lands his helicopter in his back yard at Portsea and no one can stop him.
However, the same legal tenant that guarantees us all the ability to garage cars on our properties applies to aircraft. And in the future drones, etc. This precedent dates back to legal judgments made in the horse & cart era. It is, however untested for aircraft (including helicopters). One day someone will test it and inevitably win and the flood gates will open.
Establishing pre-existing rights is cheaper & easier than setting legal precedent, so anyone that can goes the pre-existing rights route.
