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Part 7. HAZARDS TO AIRCRAFT

22. Notice to remove hazards 
Where, on any land in the vicinity of, an aerodrome there is
(a) A Tree penetrating or through further growth in a short period likely to penetrate, the OLS; or
(b) A Structure or part of a vehicle penetrating the OLS; 
The Local Authority may, by written notice given to a person, being the owner or occupier of the relevant land, within the time stated in the Notice remove or lop that part of the tree penetrating, or likely to pen etrate, the OLS or remove, or dismantle to the extent necessary, the structure or part of a vehicle so that the structure or part does not penetrate the OLS;
Example: A structure includes; a Pole, TV or Radio Mast

GOING ! This COCONUT Tree's Fonds were just peeking above the  roof ridge line at 5 Marcoola  Esplanade. It was 9 metres tall MAXIMIM The TV Antenna was higher But the Airport Police said it had been identified as about  to compromise the OLS. It had taken 20 years to  reach this height

COMPLIANCE WITH NOTICE
A Notice may be served personally or by post. 
A person must not, without reasonable excuse, fail to comply with a notice given under section 14. (Penalty 50 points)

GOING ! Our Latest Map shows the OLS Contours at this site to be 12 m  But Tim Dodds received a notice by post to TRIM or REMOVE it. He signed the intimidating order, and a few days later the Council  arived and CUT IT DOWN.

LOCAL GOVERNMENTS POWER TO CARRY OUT WORK 
If a person to whom notice is given under section 22 fails to comply with the notice the local government may, in addition to the penalty, enter the relevant land under section 661 of the Act and perform the work specified in the notice and, in the case of a vehicle, remove or carry out work on the vehicle to th e extent necessary so that no part of the vehicle penetrates the OHL.

GONE ! This tree would have been worth OVER $1000 to Any Landscaper. And could EASILY have been TRANSPLANTED. Why was it just DESTROYED? Especially in the light of the MSC Tree Preservation Law I guess the Airport Law  overides ALL others. But it was still SHORT of his TV?

RECOVERY OF LOCAL GOVERNMENT'S COSTS
If the person who failed to comply with the notice given under Sect.22 - 
(a) Is the owner of the relevant land, the amount (+ interest) is recoverable under sect. 662 and 663 of the Act, or
(b) Is not the owner of the relevant land, the amount incurred by the local government in performing the work is recoverable by the local government is recoverable as a debt from the person in default on the same basis as applied to an owner of land u nder sect 662 of the Act.

NO COMPENSATION PAYABLE 
The local government is not liable to pay compensation to a person -
(a) who is required to comply with a notice given under sect 22 and who complies with the notice, or
(b) who suffers loss or damage reasonably caused by the local government in performing work under sect 24 because of the person's failure to comply with a notice given under sect 22.

APPROVAL OF TEMPORARY STRUCTURES
A local Government may permit temporary structure or part of a vehicle to penetrate the OLS for a limited period provided proper regard is given to the safe operation of aircraft in the vicinity of an aerodrome during the period for which the permit applies. 
This permit may be granted subject to conditions. Failure to comply 30 penalty points. 

Section 662 (Cost of work recoverable as a rate) and 
Section 663 (Cost of work or change over land)

HERE is a SAMPLE 
of what you can expect to have IMPOSED upon you when the New Local Law is ADOPTED.

February 1995 - Report by Aerodrome Operation Support Pry. Ltd 

OBSTACLE LIMITATION SURFACES
Approach, Take-Off Climb Air Surfaces
All four approach / take off climb surface areas were surveyed and checked against the published data in ERSA Only 18/36 recorded here.
RWY 18/36
For RWY 18/36 the survey was carried out based on an inner edge base line of 150 metres.
The current standards for the Approach and Take-Off Climb Surface Areas for a Code 3 Instrument, Non Precision Runway are as follows:

Approach Surface: An inner edge width of 300 metres for a total length of 15000 metres with an approach gradient of 2%. 
The Transitional Surface originates from this point, ie, 150 metres either side of the runway centreline. 
Take-Off Climb Surface: An inner edge width of 180 metres for a total length of 15000 metres.
RWY 18/36 does not meet the criteria for the current standards but conforms to a previous standard with an inner edge width of 180 metres for the take-off climb surface area and 150 metres for the approach area with an approach gradient of 3.33%. 

Recommendation 8: 
To apply for an exemption again st the standards for a take-off climb surface area inner edge width of 180 metres and an approach surface area inner edge width of 150 metres with an approach gradient 3.3% for both directions of RWY 18/36.

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