Section 104, Civil Aviation Act, 2017 for an effective aviation safety and security

(1) Where the Authority is satisfied, with respect to anybuilding or 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 such aircraft warning of the presence of that building or structure, it may by order direct (subject to any conditions specified in the order) that the operator of the aerodrome and any person acting under the operator’s instructions- (a) execute, install, maintain, operate, and as occasion requires repair and alter, such works and apparatus as may be necessary for enabling such warning to be given in the manner specified in the order, and (b) that the land be entered or passed over (with or without vehicles) as may be specified in the order: Provided that, no such order shall be made in relation to any building or structure if it appears to the Authority that there have been made, and are being carried out, satisfactory mergence. (c) that no works shall be executed on any land unless, at least 14 days previously, the operator of the aerodrome to which the order relates has served in the manner specified by the order on the occupier of that land, and on every other person known by the operator to have an interest in the land, a written notice containing such particulars of the nature of the proposed works, and the manner in which 88 89 Public use of Environmental factors to be considered in establishing certify Customs, immigration and health services. Obstructions near aerodromes. and the time at which it is proposed to execute them, as may be specified by the order; (d) no steps shall be taken in pursuance of the notice under paragraph (c) without the specific authorisation of the Authority, if within 14 days from the service of the notice on any person having such an interest, the operator of the aerodrome receives written objection onthe part of that person to the proposals contained in the notice; and (e) the operator of the aerodrome to which the order relates shall pay to any person having an interest in any land affected by the order adequate compensation for any loss or damage which that person may suffer in consequence of the order, and for the purposes of this subsection any expense reasonably incurred in connection with the lawful removal of any apparatus installed in pursuance of such an order, and so much of any expense incurred in connection with the repair, alteration, demolition or removal of any building, structure or erection to which such an order relates as is attributable to the operation of the order, shall be deemed to be loss or damage suffered in consequence of the order. (2) The ownership of anything shall not be taken to be affected by reason only that it is placed in, or affixed to, any land in pursuance of such an order as aforesaid; and so long as any such order in respect of an aerodrome in force, no person shall, except with the consent of the operator 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 in pursuance of the order. 90 91 (3) A person who contravenes subsection (1), commits an offence and is liable on conviction to imprisonment for a term not less than 6 months or a fine not less than the equivalent of 5,00 United States Dollars or equivalent in Leones or both such fine and imprisonment; and any person who wilfully obstructs a person in the exercise of any of the powers conferred by such an order as aforesaid shall be guilty of an offence and liable on conviction to imprisonment for a term not less than 6 months or a fine not less than 5,00 United States Dollars or equivalent in Leones or both such fine and (4) Nothing in this section shall operate, in relation to any building or structure, so as to restrict the doing of any work for the purpose of repairing, altering, demolishing or removing the building or structure if- (a) notice of the doing of the work is given as soon as may be practicable to the operator of the aerodrome; and (b) the giving of warning of the presence of the building or structure in the manner provided by any order under this section in force in relation thereto is not interrupted.