Air Navigation and Transport Act, 1988
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Amendment of sections 55 and 56 (4) of Principal Act. |
47.—(1) The Principal Act is hereby amended by the substitution for section 55 (which relates to the restrictions on actions for damages in respect of damages for trespass or nuisance by aircraft) of the following section: | |
“55. An action shall not lie in respect of trespass or in respect of nuisance by reason only of the flight of aircraft over any property at a height above the ground which, having regard to wind, weather and all the circumstances of the case is reasonable, or the ordinary incidents of the flight, so long as the provisions of any order made under Part II of the Air Navigation and Transport Act, 1946 , to give effect to, or to supplement, the Chicago Convention have been duly complied with.”. | ||
(2) Section 56 (which relates to the penalty for dangerous flying) of the Principal Act is hereby amended by the substitution for subsection (4) of the following subsection: | ||
“(4) The provisions of this section shall be in addition to and not in derogation of any order made under Part II of the Air Navigation and Transport Act, 1946 , to give effect to, or to supplement, the Chicago Convention.”. |