PPRuNe Forums - View Single Post - Airspace vs NPWS vs Airservices vs regulations
Old 19th Nov 2005, 18:55
  #5 (permalink)  
Creampuff
 
Join Date: Nov 2000
Location: Salt Lake City Utah
Posts: 3,079
Received 0 Likes on 0 Posts
VT - If Carnarvon Gorge is in QLD, you are of course correct. I saw “NPWS” and thought NSW. Australian geography is not my forte!

There appears not to be an equivalent to subsection 2(1) of the NSW Damage by Aircraft Act in QLD. (There is in WA, VIC and TAS.) However, Lord Bernstein’s case above still applies, at least for actions in trespass. An interesting question arises as to whether an action for nuisance still lies, and if so, by whom. Bernstein was just about trespass, whereas in the (civilised?) Australian states the legislation excludes trespass and nuisance if the aircraft is at a reasonable height and complies with the aviation rules.
Creampuff is offline