South Australian Current Acts

CIVIL LIABILITY ACT 1936 - SECT 62

62—Exclusion of liability for trespass or nuisance

        (1)         In this section—

"Commonwealth Acts" means the Air Navigation Act 1920 (Cwth) and the Civil Aviation Act 1988 (Cwth);

"land" includes a building, structure or other property on land (whether affixed to the land or not);

"relevant air navigation regulations" means the regulations governing air navigation under the Commonwealth Acts including those regulations as they apply to air navigation in South Australia under the Air Navigation Act 1937 .

        (2)         No action for trespass or nuisance arises by reason only of the flight of an aircraft over land, or the ordinary incidents of such a flight, if—

            (a)         the aircraft flies at a height that is reasonable having regard to prevailing weather conditions and other relevant circumstances; and

            (b)         the aircraft is operated in accordance with the relevant air navigation regulations.