PPRuNe Forums - View Single Post - Airspace vs NPWS vs Airservices vs regulations
Old 21st Nov 2005, 06:41
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Creampuff
 
Join Date: Nov 2000
Location: Salt Lake City Utah
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Down in Mexico (NSW), the Supreme Court agrees with the courts in the Old Dart:
It is certainly the case that the old adage, that the person with title to the land owns the land usque ad coelum et ad infernos, is not to be taken literally. It is also true that, especially so far as the air space above land is concerned, there have been pronouncements of courts which make it clear that flying an aircraft over a person's land is not necessarily of itself a trespass: see for instance Bernstein v Skyviews & General Ltd [1978] QB 479.
See: Di Napoli v New Beach Apartments Pty Ltd [2004] NSWSC 52 per Young CJ in Eq, at 17. http://www.austlii.edu.au/au/cases/n...t/2004/52.html

But note the difference between a trespass and a nuisance. Even though the aircraft in the gorge might not be trespassing, they may be causing a nuisance. Perhaps you Queenslanders need to join the rest of the Commonwealth and get one o' them thar laws like subsection 2(1) of the NSW Damage by Aircraft Act.
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