Section 74 Civil Aviation Act 2022

Section 74 of the Civil Aviation Act 2022 is about Obstructions near aerodrome. It is under Part XI (Provision of Aerodromes and Control of Land for Aviation Purposes) of the Act.

(1) Where the Authority is satisfied, with respect to any building 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 the operator of the aerodrome and any person acting under the operator’s instructions—

(a) to 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) so far as may be necessary for exercising any of the powers conferred by the order, enter upon and pass over (with or without vehicles) any such land as may be specified in the order.

(2) The order referred to under subsection (1) 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 arrangements for the giving of such warning.

(3) The Authority shall, before making any such order cause to be published, in such manner as 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 such period not being less than 14 days after the publication of the notice as may be specified therein, be made to it by any person appearing to it 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 the provisions of this section, be made with such modifications (if any) of the original draft as the Authority thinks proper.

(4) Every order made under subsection (1) shall provide that —
(a) except in a case of emergency, no works shall be executed on any land under the order 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 and the time at which it is proposed to execute them, as may be specified by the order ;

(b) if within 14 days from the service of the said notice on any person having such an interest, the operator of the aerodrome receives written objection on the part of that person to the proposals contained in the notice, then, except in so far as the objection is withdrawn, no steps shall be taken under the notice without the specific authorisation of the Authority ; and

(c) 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 purpose of this subsection any expense reasonably incurred in connection with the lawful removal of any apparatus installed under 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.

(5) The ownership of anything shall not be taken to be affected by reason only that it is placed in, or affixed to, any land under such an order, and subject to the provisions of subsection (6), so long as any such order in respect of an aerodrome is in force, no person shall, except with the consent of the operator of the aerodrome, willfully 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 under the order.

(6) Any person who contravenes the provision of subsection (4), commits an offence and is liable on conviction to a fine of at least N200,000 or imprisonment for a term of at least six months or both, and any person who willfully obstructs a person in the exercise of any of the powers conferred by such an order commits an offence and is liable on conviction to a fine of at least N200,000 or imprisonment for a term of at least six months or both.

(7) 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 where —
(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 to it is not interrupted.

(8) In this section, the expression—
(a) “aerodrome” to which this section applies means—
(i) an aerodrome under the control of the Minister or of the Minister of the Government of the Federation responsible for Defence, or
(ii) any premises which, in pursuance of regulations made under this Act are for the time being certified as an aerodrome ; and

(b) “operator of the aerodrome” means—
(i) in the case of such an aerodrome as is mentioned in paragraph (a) (i), the person in charge of the aerodrome, and
(ii) in any other case, the holder of the certificate issued in respect of the aerodrome under this Act.