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(1) An action does not lie in respect of trespass or in respect of nuisance by reason only of

(a) the flight of an aircraft over a property at a height above the ground, which, having regard to wind, weather and the circumstances of the case is reasonable, or

(b) the ordinary incidents of those flights so long as the provisions of this Part and an order made in pursuance of this Act are duly complied with.

(2) Subject to subsection (3), where material loss or damage is caused to a person or property by an aircraft or by a person in, or an article, or person falling from, an aircraft while that aircraft is in flight, taking off or landing, then unless the loss or damage was caused or contributed to by the negligence of the person by whom it was suffered, damages in respect of the loss or damage is recoverable without proof of negligence or intention or any other cause of action, as if the loss or damage had been caused by the willful act, neglect, or default of the owner of the aircraft.

(3) Where material loss or damage is caused in circumstances in which

(a) damages are recoverable in respect of the loss or damage by virtue only of subsection (2), and

(b) a legal liability is created in a person other than the owner to pay damages in respect of the loss or damage, the owner is entitled to be indemnified by that other person against a claim in respect of the loss or damage.