Ms Karin Dubsky:

Airspace is mentioned, and maybe that is the hook, in the Land and Conveyancing Law Reform Act 2009. One of the lawyers to whom I spoke said that perhaps to overcome this the definition of the Foreshore Act may be that of land, within the meaning of the Land and Conveyancing Law Reform Act. Then, because that Act already covers airspace, one covers oneself if one just makes one little amendment to the Land and Conveyancing Law Reform Act. At the moment section 3(e) of the Act states: "the airspace above the surface of land or above any building or structure on land which is capable of being or was previously occupied by a building or structure and any part of such airspace, whether the division is made horizontally, vertically or in any other way". The provision links the airspace to a structure and we thought that that at least puts a limit on it, and if one now takes that Act and just add two words "or water" so that the legislation reads "the airspace above the surface of land or water or above any building ...". The words "or water" would cover the foreshore but in a more constrained fashion.