New South Wales Consolidated Acts

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Trespass or nuisance by aircraft

72 Trespass or nuisance by aircraft

(cf former s 2(1) and (5) of Damage by Aircraft Act 1952 )

(1) No action lies in respect of trespass or nuisance by reason only of the flight (or the ordinary incidents of the flight) of an aircraft over any property at a height above the ground that is reasonable (having regard to wind, weather and all the circumstances of the case) so long as the Air Navigation Regulations are complied with.
(2) In this section,
"Air Navigation Regulations" means the regulations made under the Air Navigation Act 1920 of the Commonwealth and includes such of the provisions of those regulations as are applicable to and in respect of air navigation within New South Wales by virtue only of the Air Navigation Act 1938 .

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