Defence Act 1954

Right of Minister to erect and maintain certain apparatus on land in vicinity of service aerodromes.

35

35. (1) F25 [ ( a ) The Minister may cause to be erected, placed and attached upon, in or to any land or building in the vicinity of any other land (including an aerodrome) vested in or occupied by him, and may thereafter maintain and use, such apparatus (including electric lines) as he considers necessary for the purpose of indicating any position or any obstruction or of signalling or supplying information to persons navigating aircraft in such vicinity. ]

( b) Before erecting, placing or attaching any apparatus upon, in or to any land or building in pursuance of this subsection, the Minister shall give one month’s previous notice to the owner and occupier thereof indicating his proposal.

( c) If any person wilfully obstructs or destroys, tampers with, pulls down, or defaces any apparatus erected, placed or attached upon, in or to any land or building in pursuance of this subsection, that person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding F26 [ 1,000 ] pounds.

(2) ( a) For the purposes of exercising the powers conferred by subsection (1) of this section any authorised person and any persons acting under his direction may enter upon and pass over (with or without vehicles) any land.

( b) If any person (in this paragraph referred to as the offender) obstructs an authorised person or any person acting under his direction in the exercise of the powers conferred by this subsection, the offender shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding F27 [ 1,000 ] pounds.

( c) In this subsection the expression “ authorised person” means any person belonging to a class authorised in writing by the Minister to exercise the powers conferred by this subsection on authorised persons.

(3) If any person having an estate or interest in land proves that his estate or interest is injuriously affected by the exercise of the powers conferred by subsection (1) of this section, he shall be entitled to recover from the Minister compensation for the injury to that estate or interest, and any question whether compensation is payable under this section or as to the amount of any compensation so payable shall, in default of agreement (which agreement shall be subject to the consent of the Minister for Finance), be determined by an arbitrator appointed under the Acquisition of Land (Assessment of Compensation) Act, 1919, and under and in accordance with that Act.

Annotations:

Amendments:

F25

Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 9, commenced on enactment.

F26

Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 2, item 2, commenced on enactment.

F27

Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 2, item 3, commenced on enactment.