Singapore legislation
Section 70
Section 70
Indication of presence of obstructions near aerodromes
(1)
Subject to subsection (2), if the Authority is satisfied, with respect to any structure in the vicinity of an aerodrome to which this section applies, that, in order to avoid danger to aircraft flying in that vicinity in darkness or conditions of poor visibility, provision ought to be made (whether by lighting or otherwise) for giving to the aircraft warning of the presence of that structure, it may by order authorise (subject to any conditions specified in the order) the proprietor of the aerodrome, and any person acting under the proprietor’s instructions —
to execute, install, maintain, operate, and, as occasion requires, repair and alter, any works and apparatus that may be necessary for enabling such warning to be given in the manner specified in the order; and
so far as may be necessary for exercising any of the powers conferred by the order to enter upon and pass over (with or without vehicles) any land that may be specified in the order.
(2)
An order must not be made under subsection (1) in relation to any structure if it appears to the Authority that there have been made, and are being carried out, satisfactory arrangements for the giving of such warning of the presence of the structure.
(3)
The Authority must, before making any order under subsection (1), cause to be published, in any manner that it thinks best for informing persons concerned, notice of the proposal to make the order and of the place where copies of the draft order may be obtained free of charge, and take into consideration any representations with respect to the order which may, within the period not being less than 2 months after the publication of the notice specified in the notice, be made to the Authority by any person appearing to the Authority to have an interest in any land which would be affected by the order; and at the end of that period the order may, subject to this section, be made with any modifications of the original draft that the Authority thinks proper.
(4)
Every order made under subsection (1) must provide —
that, except in a case of emergency, no works may be executed on any land pursuant to the order, unless, at least 14 days previously, the proprietor of the aerodrome to which the order relates has served in the manner prescribed by the order on the occupier of that land, and on every other person known by the proprietor to have an interest in that land, a written notice containing the particulars of the nature of the proposed works, and the manner in which and the time at which it is proposed to execute them, that may be prescribed by or in accordance with the order;
that if, within 14 days after service of such notice on any person having such an interest, the proprietor of the aerodrome receives a written intimation of objection on the part of that person to the proposals contained in the notice, being an intimation which specifies the grounds of objection, then, unless and except insofar as the objection is withdrawn, no steps are to be taken pursuant to the notice without the specific sanction of the Authority; and
for requiring the proprietor of the aerodrome to which the order relates to pay to any person having an interest in any land affected by the order any compensation for any damage or loss which that person may suffer in consequence of the order that may, in default of agreement, be determined from time to time by a single arbitrator appointed by the Chief Justice.
(5)
For the purposes of this section, any expense reasonably incurred in connection with the lawful removal of any apparatus installed pursuant to such an order, and so much of any expense incurred in connection with the repair, alteration, demolition or removal of any structure to which the order relates as is attributable to the operation of the order is deemed to be loss or damage suffered in consequence of the order.
(6)
The ownership of anything is not to be taken to be affected by reason only that it is placed in, or affixed to, any land pursuant to such an order; and, subject to subsection (8), so long as any such order in respect of an aerodrome is in force, a person must not, except with the consent of the proprietor of the aerodrome, wilfully interfere with any works or things which to the knowledge of that person, are works or things executed or placed in, on or over any land pursuant to the order.
(7)
If any person contravenes any of the provisions of subsection (6), the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
(8)
Nothing in this section operates, in relation to any structure, so as to restrict the doing of any work for the purpose of repairing, altering, demolishing or removing the structure if —
notice of the doing of that work is given as soon as possible to the proprietor of the aerodrome; and
the giving of warning of the presence of the structure in the manner provided by any order made under this section in force in relation thereto is not interrupted.
(9)
In this section —
“aerodrome to which this section applies” means any premises which, by virtue of an order made under section 8, are for the time being licensed as an aerodrome for public use or any Government aerodrome; and
“proprietor of the aerodrome”, in relation to any premises used or appropriated for use as an aerodrome, means the airport licensee or exempt airport operator under the Civil Aviation Authority of Singapore Act 2009 for those premises, or, in the case of a Government aerodrome, the officer in charge of the aerodrome.[18