Civil Aviation (CAP. 86 1

CHAPTER 86

T H E CIVIL AVIATION ACT

Arrangement of Sections
Section

PART I

PRELIMINARY

1. Short title.
2. Interpretation.

PART I1

REGULATION OF CIVIL AVIATION

3 . Power to give effect to the Chicago convention and to
regulate air navigation.

4. Dangerous flying of aircraft.
5. Investigation of accidents.
6 . Licensing of air transport undertakings.
7. Establishment of Air Transport Licensing Board and

its functions.
8. Information as to air transport undertakings.

PART I11

AERODROMES

9. Power of Minister to provide aerodromes.
10. Power to control land.
11. Restrictions on buildings near aerodromes.
12. Obstructions near aerodromes.
13. Power to stop up or divert roads.
14. Trespassing on aerodromes.

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2 CAP. 86) Civil Aviation

Section

PART IV

LIABILITY FOR DAMAGE CAUSED BY AIRCRAFT

15. Liability in respect of nuisance and surface damage from
aircraft.

16. Nuisance caused by noise and vibration on aerodromes.

PART V

SECURITY OF AIRCRAFT, AIRPORTS AND AIR
NAVIGATION INSTALLATIONS AGAINST ACTS OF

VIOLENCE

17. Purposes to which Part V applies.
18. Police Force responsible for security at airports.
19. Right of access of member of the Police Force.
20. Declaration of protected areas.
21. Provisions relating to protected areas.
22. Taking firearms, explosives and other things on board

aircraft.
23. Search of persons, baggage and cargo.
24. Search of persons declining to allow search.
25. Evidence of offences.
26. General powers of arrest.
27. Inspection of aircraft and airports.
28. Additional powers of members of the Police Force in

protected areas.
29. General powers of members of the Police Force not

prejudiced.
30. Offences and penalties.
31. Minister to manage and control airports.
32. Interpretation of Part V.

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Civil Aviation (CAP. 86 3

Section

PART VI

GENERAL

33. Application to aircraft of law of wreck and salvage.
34. Exemption of aircraft from seizure on patent claims.
35. Detention of aircraft.
36. Service of documents.
37. Application of Act to the State.
38. Repeals and Savings.

FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.

CIVIL AVIATION

AN ACT to make provision as respects civil aviation and
for purposes connected therewith.

(1st October, 1991 .) 1411991.

1. This Act may be cited as the Civil Aviation Act. Short tit'e.

2. In this Act- Interpretation.

"aerodrome" means a defined area of land or water,
(including any buildings, installations and equip-
ment) intended to be used either wholly or in part
for the arrival, departure and movement of aircraft;

"air transport service" means a service for the carriage
by air of passengers, mails or other freight;

"Chicago Convention" means the Convention on Inter-
national Civil Aviation concluded at Chicago on
7th December, 1944;

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4 CAP. 86) Civil Aviation

Cap. 260.

"Director" means the Director of Civil Aviation;

"foreign aircraft" means an aircraft other than an
Antigua and Barbuda aircraft;

"land" includes any interest in land;

"loss or damage7' includes in relation to persons, loss
of life and personal injury;

"Minister" means the Minister assigned responsibility
for civil aviation;

'6 purposes of civil aviation" includes all purposes con-
nected with air navigation except purposes of
defence;

"Antigua and Barbuda aircraft" means an aircraft
registered in Antigua and Barbuda in pursuance
of regulations made under section 3;

"state aircraft" means aircraft used exclusively for
military, customs and police services;

"territory" includes the territorial sea of Antigua and
Barbuda as described in the Maritime Areas Act.

(2) Any power conferred by this Act shall be in addi-
tion to, and not in derogation of, any like power conferred
by any other law.

PART I1

REGULATION OF CIVIL AVIATION
Power to give
effect to the

3. (1) The Minister may by regulations make such
Chicago provision as appears to him to be requisite or expedient-
Convention and
to regulate air (a) for carrying out the Chicago Convention, any
navigation. Annex thereto relating: to the international standards "

and recommended practices (being an Annex adopted

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Civil Aviation (CAP. 86 5

in accordance with the Convention) and any amend-
ment of the Convention or such Annex made in accord-
ance with the Convention; or

(6) generally for regulating air navigation in
Antigua and Barbuda.

(2) Without prejudice to the generality of subsection
(I) , the power conferred by that subsection shall, in parti-
cular, include power to make regulations-

(a) relating to the registration of aircraft in Antigua
and Barbuda;

( b ) for prohibiting aircraft from flying unless certi-
ficates of airworthiness issued or validated under the
regulations are in force with respect to them and except
upon compliance with such conditions as to maintenance
and repair as may be prescribed, and, if necessary, to
require compulsory third party insurance from any
foreign aircraft in regard to any damage caused to third
parties on surface;

(c) for the licensing, inspection and regulation of
aerodromes, aircraft factories and establishments for the
repair of aircraft or of aircraft parts; for access to
aerodromes and places where aircraft have landed; and
for prohibiting or regulating the use of aerodromes, air-
craft factories and establishments abovementioned which
are not licensed under the regulations;

(d) for prohibiting persons from engaging in or
being employed in or in connection with, air naviga-
tion in such capacities as may be prescribed unless they
satisfy the prescribed requirements; and for the licens-
ing of persons employed at aerodromes or elsewhere in
the inspection, testing, maintenance, repair or super-
vision of aircraft;

( e ) as to the conditions under which, and in parti-
cular the aerodromes to or from which aircraft entering
or leaving Antigua and Barbuda may fly, and as to the
conditions under which aircraft may fly from one part
of Antigua and Barbuda to another;

(f) as to the conditions under which passengers or
goods may be carried by air and under which aircraft

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6 CAP. 86) Civil Aviation

may be used for other commercial, industrial or gain-
ful purposes and for prohibiting the carriage by air of
goods of such classes as may be prescribed;

e) for minimising or preventing interference with
the use or effectiveness of apparatus used in connection
with air navigation, and for prohibiting or regulating
the use of such apparatus and the display of signs and
lights liable to endanger aircraft;

(h ) for authorising persons to extinguish or screen
any sign or light liable to endanger aircraft and to enter
upon any land for that purpose, and for recovering the
expenses of so doing from the owner or occupier of the
place where the sign or light is exhibited or from the
persons having charge of the sign or light;

(i) generally for security, the safety, efficiency or
regularity of air navigation and the safety of aircraft
and of persons and property and, in particular, for the
detention of aircraft for any of the purposes specified
in this paragraph;

Q for requiring persons engaged in, or employed
in or in connection with, air navigation to supply
meteorological information for the purposes of air
navigation;

(k) for requiring the making of signals and other
communication by or to aircraft and persons carried
in aircraft;

(0 for regulating the use of any ensign established
by the Minister for purposes connected with air
navigation;

(m) for prohibiting aircraft from flying over such
areas in Antigua and Barbuda as may be prescribed;

(n) for applying with or without modifications the
enactments relating to customs in relation to aerodromes
and to aircraft and to persons and property carried
therein;

(0) as to the manner and conditions of the issue,
validation, renewal, extension or variation of any
certificate, licence or other document required by the
regulations (including the examinations and tests to be

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Civil Aviation (CAP. 86 7

undergone) and as to the form, custody, production,
cancellation, suspension, endorsement and surrender of
any such document;

@) for the registration of births and deaths occur-
ring in aircraft and of particulars of persons missing
from aircraft;

(q) for establishing and regulating the conditions
of use, including the charges that may be made for the
use of any aerodrome and for the services or facilities
provided at any such aerodrome;

(r) prescribing the fees to be paid in respect of the
issue, validation, renewal, extension, or variation of any
certificate, licence or other document or the undergo-
ing of any examination or test required by virtue of the
regulations and in respect of any other matters in respect
of which it appears to be expedient for the purpose of
the regulations to charge fees;

(s) for exempting from the provisions of the regula-
tions or any of them any aircraft or person or class of
aircraft or persons;

(t) for prohibiting or regulating traffic on the road-
ways in any part of an aerodrome and appointing and
regulating the use, including the charges to be made
for the use, of parking places for motor vehicles in an
aerodrome;

(u) for regulating the conduct of persons in an
aerodrome or in any part thereof;

(v) for prohibiting, restricting or regulating the
carrying on of any trade or business within any
aerodrome which is under the control or in the occupa-
tion of the Minister or any department of the Govern-
ment; and

(w) for the granting by the Minister, on such terms
and conditions and subject to the payment of such con-
sideration as he thinks fit, of permission to carry on
any trade or business within any such aerodrome as
aforesaid.

(3) Regulations made under this section may provide
for the imposition of a fine of ten thousand dollars or to

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CAP. 86) Civil Aviation

imprisonment for a term of five years or to both such fine
and imprisonment, on summary conviction for an offence
against the regulations and for the taking of such steps
(including firing on aircraft) as may be prescribed as respects
aircraft flying over areas of Antigua and Barbuda over which
flying is prohibited by the regulations.

(4) Regulations made under this section in relation to
the use of roads in an aerodrome shall take effect notwith-
standing that such roads may be roads which are subject

Cap. 460. to the Vehicles and Road Traffic Act.

Dangerous flying
of aircraft.

4. (1) Where an aircraft is flown in such a manner
as to cause danger to any person or property on land or water,
the pilot or other person in charge of the aircraft and the
owner of the aircraft shall be liable on summary conviction
to a fine of five thousand dollars or to imprisonment for a
term of twelve months or to both fine and imprisonment.

(2) In any proceedings against the owner of an aircraft
in respect of an alleged offence under this section, it shall
be a defence to prove that the act alleged to constitute the
offence was done without the knowledge or consent of the
owner.

(3) In this section, "owner" in relation to an aircraft
includes any person by whom the aircraft is hired at the time
of the alleged offence.

(4) The provisions of this section shall be in addition
to, and not in derogation of, the powers conferred on the
Minister by section 3.

Investigation of
accidents. 5 . (1) Without prejudice to the generality of sub-

section (1) of section 3 , the Minister may make regulations
providing for the investigation of any accident arising out
of or in the course of air navigation and either occurring
in or over Antigua and Barbuda or occurring to Antigua
and Barbuda aircraft wherever they may be.

(2) Without prejudice to the generality of subsection
( I ) , regulations may, in particular, contain provision-

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Civil Aviation (CAP. 86 9

(a) requiring notice to be given of any such acci-
dent as aforesaid in such manner and by such persons
as may be prescribed;

( b ) applying, with or without modification for the
purpose of investigations held with respect to any such
accident any of the provisions of any law in force in
Antigua and Barbuda to the investigation of deaths or
accidents;

(c) prohibiting, pending investigation, access to or
interference with aircraft to which an accident has
occurred and authorising any person, so far as may be
necessary for the purposes of an investigation, to have
access to examine, remove, take measures for the
preservation of, or otherwise deal with, any such aircraft;

(4. authorising or requiring the cancellation,
suspension, endorsement or surrender of any licence or
certificate granted in Antigua ar.d Barbuda under this
Act or the withdrawal or suspension of any validation
conferred in Antigua and Barbuda on a licence granted
by a competent authority elsewhere where it appears
on investigation that the licence, certificate or valida-
tion ought to be so dealt with, and requiring the
production accordingly of any such licence or certificate.

(3) Regulations made under this section may provide
for the imposition of a fine of five thousand dollars or to
imprisonment for a term of twelve months or to both such
fine and imprisonment.

Licensing of air 6. (1) The Minister may make regulations- transport
(a) to secure that aircraft shall not be used in

Antigua and Barbuda by any person-

(i) for flying, while carrying passengers or goods
for reward, on such journeys or classes of
journeys (whether beginning and ending at the
same point or different points) as may be
prescribed; or

(ii) for such flying undertaken for the purpose of
any trade or business as may be prescribed,
except under the authority of, and in accord-

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CAP. 86) Civil Aviation

ance with, a licence granted to him by the
Minister;

(6) as to the circumstances in which a licence may
or shall be granted, refused, revoked or suspended and,
subject to subsection (2) of section 7 , as to any matter
to which the Minister is to have regard in deciding
whether to grant or refuse a licence;

(c) as to the conditions which may be attached to
a licence (including conditions as to fares, freight and
other charges to be charged by the holder of the licence),
and for securing compliance with any conditions so
attached;

(4 as to the information to be furnished to the
Minister by an applicant for, or the holder of, a licence;

(e) prescribing the fees to be paid in respect of the
grant of a licence; and

Cf) exempting from the provisions of the regula-
tions, or any of them, flights of such description as may
be prescribed or such other particular flight or series
of flights as may be prescribed,

and such regulations may make different provisions as
respects different classes of aircraft and different classes of
licences.

(2) Where an aircraft is flown in contravention of any
of the provisions of the regulations made under this section,
the pilot or other person in charge of the aircraft and the
owner of the aircraft shall be liable on summary conviction-

(a) in the case of a first offence to a fine of five
thousand dollars or to imprisonment for a term of twelve
months or to both fine and imprisonment; and

( b ) in the case of a second or subsequent offence
to a fine of ten thousand dollars or to imprisonment
for a term of three years or to both such fine and
imprisonment.

(3) Regulations made under this section shall be laid
before the House and if the House resolves that the Regula-
tions be annulled they shall thereupon cease to have effect

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Civil Aviation (CAP. 86

but without prejudice to anything previously done thereunder
or to the making of new regulations.

(4) In this section, the expression "owner" shall have
the same meaning as is assigned to it in subsection (3) of
section 4.

7. (1) There shall be established in accordance with ~ ; ~ ~ ~ ; ~ ~ ~ ~
the provisions of the First Schedule, an Air Transport Licens- Licensine Board
ing Board (in this Act referred to as "the ~ o a r d ' ) with the and
general duty of advising the Minister in relation tb applica-
tions for air transport licences in accordance with the
regulations in that behalf made by the Minister pursuant
to section 6 and of advising. the Minister on the tariffs to "
be charged for the transportation by air of passengers and
cargo, and in the performance of its functions the Board shall
have regard to the co-ordination and development of air
services generally with the object of ensuring themost efficient
service to the public.

(2) The Minister and the Board in considering applica-
tions for air transport licences shall have regard to any matter
which may be prescribed under section 6 and to the follow-
ing matters-

(a) the existence of other air services in the area
through which the proposed services are to be operated;

( b ) the existing or potential need or demand for
any services proposed;

(c) the possibilities of air transport in the area;

(d) the degree of efficiency and regularity of air
services, if any, already provided in that area, whether
by the applicant or by other operators;

( e ) the period for which air transport services have
been operated by the applicant or by other operators;

(j) the extent to which it is possible that the appli-
cant will be able to provide a satisfactory service in
respect of safety, continuity, regularity of operation,
frequency, punctuality, reasonableness of charges and
general efficiency;

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CAP. 86) Civil Aviation

&) the financial resources of the applicant and any
capital or other expenditure reasonably incurred, or any
financial commitment or commercial agreement
reasonably entered into in connection with the opera-
tion of aircraft or air transport services by any person
(including the applicant) who is the holder of any air
services licence or permit already granted;

(h ) the type of aircraft to be used;

(1 ) any unfair advantage of the applicant over other
operators by reason of the terms and conditions of
employment of persons employed by him; and

@ any objections or representations duly made in
accordance with any regulations made under this Act:

Provided that the Minister shall not be required
to consider any objection or representation which in his
opinion is frivolous or vexatious.

(3) The Minister and the Board shall, from time to time,
consult together with regard to relations with other countries
or territories affecting the exercise of his functions; and if
in the case of an application for an air service licence or
permit, the Minister is of the opinion that any air transport
service proposed would involve negotiations with the govern-
ment of some other country or territory of rights which it
would be inexpedient for the time being to seek, the Minister
may suspend consideration of that application so far as it
relates to that service.

(4) The Minister, may, in his discretion, refuse to grant
an air service licence to any person who is not either-

(a) a citizen of Antigua and Barbuda; or

( 6 ) a body incorporated in Antigua and Barbuda,
being a body which in the opinion of the Minister is
substantially controlled by persons who are citizens of
Antigua and Barbuda.

(5) Where negotiations are concluded between the
Government and the Government of another country for an
air services agreement, the Minister in considering an
application by a designated airline of that country under that
agreement for an air transport licence shall, in particular,

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Civil Aviation (CAP. 86

have regard to whether that airline is fit, willing and able
to operate the proposed service and shall not, except in so
far as the Minister may otherwise direct, have regard to any
of the matters mentioned in subsection (2) or prescribed under
section 6.

(6) The Board may, with the approval of the Minister,
delegate any of its functions to any member or officer of
the Board or any public officer.

8. (1) The Minister may make regulations-
(a) requiring any person who carried on the :;,'";;,"IErtas to

business of carrying passengers or goods in aircraft for undertakings.
reward, on such journeys or classes ofjourneys (whether
beginning and ending at the same point or at different
points) as may be prescribed, to furnish to the prescribed
authorities such information relating to the use of air-
craft, for the purpose of the business, and to the persons
employed in connection with that use, as may be
prescribed; and

( b ) prescribing the time at which, and the form and
manner in which, any information required under the
regulations is to be furnished.

(2) Regulations under this section may provide for the
imposition of a fine of one hundred dollars for every day
on which the offence continues after summary conviction
thereof.

(3) No information with respect to any particular under-
taking which has been obtained by virtue of regulations under
this section shall, without the consent of the person carrying
on that undertaking, be disclosed otherwise than in connec-
tion with the execution of the regulations and if any person
discloses any such information in contravention of this sub-
section, he shall be liable on summary conviction to a fine
of two thousand dollars or to imprisonment for a term of
twelve months or to both such fine and imprisonment.

(4) Nothing in subsection (3) shall apply to the disclosure
of any information for the purposes of any legal proceedings
which may be taken by virtue of that subsection or of regula-
tions made under this section or for the purpose of any report

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14 CAP. 86) Civil Aviation

Power of
Minister to
provide
aerodromes.

Cap. 233.

of such proceedings; but save as aforesaid that subsection
shall, in relation to any legal proceedings (including arbitra-
tions) preclude any person who is in possession of any
information obtained by virtue of such regulations from
disclosing, and from being required by any court or arbitrator
to disclose, that information without the consent of the person
carrying on the undertaking to which the information relates.

PART I11

AERODROMES

9. (1) The Minister may-
(a) establish and maintain aerodromes;

( b ) provide and maintain, in connection with
aerodromes established by him, roads, approaches,
apparatus, equipment and buildings and other
accommodation;

( 6 ) provide and maintain facilities and equipment
for the purpose of promoting the safety of air naviga-
tion including, but without prejudice to the generality
of the foregoing, visual and non-visual approach and
landing aids, communications services; meteorological
services and air traffic control services;

(d) alter, abolish, remove or add to any aerodrome,
road, approach, apparatus, equipment, building, accom-
modation, or facilities established or provided by him;

( e ) vary the character of any facilities provided by
him for the purpose of promoting the safety of air naviga-
tion, or of the signals or assistance given thereby;

Cf) determine the conditions of use of any
aerodrome established by him and determine whether
any such aerodrome shall be open to the public use;

dg) determine the conditions of use of any facilities
or equipment provided by him for the purpose of pro-
moting the safety of air navigation.

(2) For the avoidance of doubt, it is hereby declared
that the following purposes are public purposes within the
meaning of the Land Acquisition Act, that is to say-

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Civil Aviation (CAP. 86 15

( a ) the purposes specified in paragraphs ( a ) , ( b ) ,
(6) and ( d ) of subsection (1); and

( 6 ) the purpose of securing that land in the vicinity
of the site of an aerodrome which the Minister has
established or acquired or is about to establish or acquire
shall not be used in such manner as to cause interference
with, or danger or damage to, aircraft at, approaching,
or leaving, the aerodrome.

10. (1) The Minis~er may, if he is satisfied that it P,";pr control
is necessary so to do in order to secure the safe and efficient
use for civil aviation purposes of any land, structure, works
or apparatus vested in him or which he proposes to acquire
or install, by order which shall be laid before the House
declare that any area of land specified in the order shall be
subject to control by directions given in accordance with the
following provisions of this section.

(2) Where any such order is in force, the Minister may,
notwithstanding the provisions of any other law, in accord-
ance with provisions of the order in that behalf, give
directions-

( a ) for restricting the height of buildings or struc-
tures or for requiring the total or partial demolition of
any building or structure within the area to which the
order relates;

( 6 ) for restricting the height of trees and other
vegetation upon any land within the area, or for re-
quiring any tree or other vegetation upon any such land
to be cut down or reduced in height;

( G) for extinguishing any private right of way over
land within the area;

(d) for restricting the installation of cables, mains,
pipes, wires or other apparatus over, on or under any
land within the area;

(e) for extinguishing, at the expiration of such
period as may be specified by the directions, any sub-
sisting right of installing or maintaining any such
apparatus as aforesaid over, on or under any land within
the area; and

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CAP. 86) Civil Aviation

Cf) for requiring that, before the expiration of such
period as may be specified by the directions, any such
apparatus shall be removed from the land within the
area.

(3) An order under this section may contain such con-
sequential, incidental and supplemental provisions as appear
to the Minister to be necessary or expedient for the pur-
poses of the order including, in particular, provisions for
empowering any person authorised in that behalf by the
Minister to remove, pull down, cut down or alter, so as to
bring into conformity with the requirements of any direc-
tion given under the order, any building, structure, tree,
vegetation or apparatus which contravenes those
requirements.

(4) Where the Minister makes or has under considera-
tion the making of an order under this section in respect
of any land, any person authorised in that behalf in writing
by the Minister may at all reasonable times, on producing
if so required evidence of his authority, enter upan any of
the land in order to make any survey which the Minister
requires to be made for the purposes of any steps to be taken
in consequence of the order or, as the case may be, for the
purpose of determining whether the order should be made:

Provided that the admission shall not, by virtue of this
section, be demanded as of right to any land which is occupied
unless twenty-four hours notice in writing to the intended
entry has been served on the occupier thereof.

(5) The Minister shall give notice of any direction given
in pursuance of this section by publishing the direction in
the Gazette and by taking such steps as he considers reasonable
for securing that a copy of the direction is served on every
owner, lessee or occupier of any land, buildings or apparatus
affected by the direction and upon any local authority in
whose area the subject matter of the direction is situate.

(6) Any person who obstructs any other person in the
exercise of any powers conferred upon that other person by
virtue of subsection (3) or subsection (4) shall be liable on
summary conviction to a fine of two thousand dollars or to

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Civil Aviation (CAP. 86 17

imprisonment for a term of twelve months or to both such
fine and imprisonment.

(7) The provisions of the Second Schedule shall have Second Schedule.
effect with respect to directions given under an order made
under this section.

(8) The powers of the Minister under this section shall
not be construed as prejudicing his power to acquire land
for the purpose of securing the observance of any require-
ment which might have been imposed under this section in
relation to the land.

11. (1) No person shall erect any building or other & ~ ~ ~ ~ ~ ; e ~
structure which projects above the surfaces specified in sub- .e,d,o,e,.
section (3) on or within the defined limits of an aerodrome
open to public use by aircraft without the written consent
of the Minister.

(2) The consent of the Minister granted pursuant to
subsection (1) may be granted subject to such conditions as
the Minister deems necessary or desirable for the safety of
aircraft moving in the vicinity of an aerodrome.

(3) For the purposes of this section "the defined limits"
of an aerodrome means the area enclosed by the perimeter
of the surface specified in paragraph (a) and the surfaces refer-
red to in subsection (1) as follows-

(a) the surface 150 feet above the elevation of the
nearest limit of the landing strip and extending hori-
zontally outward for a distance of 10,000 feet;

(b) the surface extending outward from the end of
the landing strip having the following dimensions and
slopes-

(i) in the case of an aerodrome open only to air-
craft making non-instrument approaches -
the width of the landing strip at the landing
strip end; a width of 2,500 feet at a point
10,000 feet outward from the end of the land-
ing strip at the slope of 1 in 40 (2.5 per cent)
rising outward from the end of the landing
strip; or

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18 CAP. 86) Civil Aoiation

(ii) in the case of an aerodrome open to aircraft
making instrument approaches - the width
of the landing strip at the landing strip end
a width of 4,000 feet at a point 10,000 feet
outward from the end of the landing strip at
a slope of 1 in 50 (2 per cent) rising outward
from the end of the landing strip, and
thereafter rising outward at a slope of 1 in 40
(2.5 per cent) to a width of 15,000 feet at a
point 50,000 feet from the end of the landing
strip;

(c) the surface sloping upwards and outwards from
the edge of the surface specified in paragraph ( 6 ) to the
intersection with the surface specified in paragraph (a)
and having a slope of 1 in 7 (14.3 per cent);

(6) the surface sloping upwards and outwards from
the boundary of the l%nding area to the intersection with
the surface specified in paragraph (a) and having a slope
of 1 in 7 (14.3 per cent);

( e ) for the purposes of this subsection "the width
of the landing strip" shall be deemed to be 150 feet in
all cases.

(4) When a building or other structure is erected in
contravention of any of the provisions of this section, the
person erecting the said building or other structure and the
owner thereof shall be liable on summary conviction to a
fine of two thousand dollars or to imprisonment for a term
of two years or to both such fine and imprisonment.

(5) Subject to this section, any person who proposes
to erect any building or other structure of an overall height
which exceeds by more than 50 feet the height of any obstacle
including land within a radius of five nautical miles of it,
shall notify the Minister in writing of such intention and
such notice shall contain the precise position and height of
such proposed building or other structure and if any person
to whom this subsection applies fails to give such notice as
aforesaid or wilfully makes any false statement, he shall be
liable on summary conviction to a fine of one thousand dollars
or to imprisonment for a term of six months.

LAWS OF ANTIGUA AND BARBUDA

Civil Aviation (CAP. 86 19

(6) Within three months of the receipt of a notice under
subsection (5), the Minister may, by directions in writing,
require the owner or other person responsible for the erec-
tion of such building or other structure to light or otherwise
mark the same in such manner as the Minister may direct.

(7) The Minister may, by regulations which shall be
laid before the House amend, alter or vary the provisions
of subsection (3) or (5) or substitute new provisions in lieu
thereof:

Provided that nothing in this subsection shall authorise
the Minister to increase the penalty prescribed in
subsection (5).

(8) Any regulation laid before the House under this
section shall be subject to affirmative resolution of the House.

12. (1) If the Minister is satisfied, with respect to any Obstructions near
aerodromes.

building, structure or erection 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, provisions ought to be made (whether by
lighting or otherwise) for giving to such aircraft warning of
the presence of that building, structure or erection, he may
by order authorise (subject to any conditions specified in the
order) the proprietor of the aerodrome, and any person acting
under the instructions of the proprietor

(a) to execute, install, maintain, operate, and as
occasion requires to repair and alter such work and
apparatus as may be necessary for enabling such warn-
ing 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 to enter upon and
pass over (with or without vehicles) any such land as
may be specified in the order:

Provided that no such order shall be made in rela-
tion to any building, structure or erection if it appears
to the Minister that there have been made, and are being
carried out, satisfactory arrangements for the giving of
such warning as foresaid of the presence of the building,
structure or erection.

LAWS OF ANTIGUA AND BARBUDA

CAP. 86) Civil Aviation

(2) The Minister shall, before making any such order
as aforesaid, cause to be published, in such manner as he
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
two months after the publication of the notice as may be
specified therein, be made to him 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 modification (if any) of the
original draft as the Minister thinks proper.

(3) Every such order as aforesaid shall provide-

(a) that, except in a case of emergency, no works
shall be executed on any land in pursuance of the order,
unless, at least fourteen days previously, the proprietor
of the aerodrome to which the order relates has served
in the manner prescribed by the order on the occupier
of that land, and on every other person known by the
proprietor to have an interest therein, 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 prescribed
by or in accordance with the order; and

(b) that if, within fourteen days after service of the
said notice on any person having such an interest, the
proprietor of the aerodrome receives a written intima-
tion which specified the grounds of objection then, unless
and except in so far as the objection is withdrawn, no
steps shall be taken in pursuance of the notice without
the consent of the Minister,

and shall also provide for requiring the proprietor of the
aerodrome to which the order relates to pay to any person
having an interest in any land affected by the order such
compensation for any loss or damage which that person may
suffer in consequence of the order as may, in default of agree-
ment, be determined from time to time by a single arbitrator
appointed by the Chief Justice and for the purposes of this
subsection, any expense reasonably incurred in connection
with the lawful removal of any apparatus installed in

LAWS OF ANTIGUA AND BARBUDA

Civil Aviation (CAP. 86 2 1

pursuance of such an order, and so much of any expense
incurred in connection with the repair, alteration, demoli-
tion 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.

(4) 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
subject to subsection (5) so long as any such order in respect
of an aerodrome is in force, no person shall except with the
consent of the proprietor 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.

(5) If any person contravenes the provisions of subsec-
tion (4), he shall be liable on summary conviction to a fine
of two thousand dollars or to imprisonment for a term of
twelve months or to both such fine and imprisonment.

(6) Every person who wilfully obstructs a person in the
exercise of any of the powers conferred by such an order
as aforesaid shall be liable, on summary conviction, to a fine
of one thousand dollars or to imprisonment for a term of
six months.

(7) Nothing in this section shall operate in relation to
any building, structure or erection, so as to restrict the doing
of any work for the purpose of repairing, altering,
demolishing or removing the building, structure or erection:

Provided that-

(a) notice of the doing of that work is given as soon
as may be practicable to the proprietor of the aerodrome;
and

( 6 ) the giving of warning of the presence of the
building, structure or erection in the manner provided
by any order under this section in force in relation
thereto is not interrupted.

LAWS OF ANTIGUA AND BARBUDA

22 CAP. 86) Civil Aviation

(8) In this section-

( a ) the expression "aerodrome to which this section
applies" means a Government aerodrome or any
premises which, by virtue of any regulations made under
section 3, are for the time being licensed as an aerodrome
for the public use; and

( 6 ) the expression "manager of the aerodrome"
means, in relation to any premises used or appropriated
for use as an aerodrome, the person carrying on the
business of an aerodrome in those premises or, in the
case of a Government aerodrome, the officer in charge
of the aerodrome.

Power to stop up 13. (1) The Minister assigned responsibility for road
or divert roads.

transport may, notwithstanding the provisions of any other
law, if he is satisfied that it is necessary so to do in order
to secure the safe and efficient use for the purposes of civil
aviation of any aerodrome or any premises approved by the
Minister assigned responsibility for civil aviation used for
the testing of aircraft, by order authorise the stopping up
or diversion of any road.

( 2 ) An order under subsection (1) may provide for all
or any of the following matters, that is to say-

( a ) for securing the provision or improvement of
any road so far as the Minister thinks such provision
or improvement necessary or desirable in consequence
of any such stopping up or diversion as aforesaid;

(6 ) for the retention or removal of any cable, mains,
pipes, wires, or similar apparatus placed along, across,
over or under any road stopped up or diverted under
the order, and for the extinguishment, modification or
preservation of any rights as to the use or maintenance
of that apparatus;

(c) if any road is to be provided or improved under
the order, for authorising or requiring the provision of
any such apparatus as aforesaid along, across, over or
under that road, in lieu of any apparatus removed from
a road in pursuance of the order, and for conferring
rights as to the use or maintenance of apparatus so
provided.

LAWS OF ANTIGUA AND BARBUDA

Civil Aviation (CAP. 86

(3) An order under subsection (1) may contain such
consequential, incidental and supplemental provision as
appear to the Minister to be necessary or expedient for the
purposes of the order.

(4) Notice of any order made under subsection (1) shall
be-

(a) displayed in a prominent position at the ends
of so much of any road as is proposed to be stopped
up or diverted under the order;

( 6 ) sent to every local government authority in
whose area any road to be stopped up or diverted under
the order or any road to be provided or improved under
the order is situate; and

(c) served upon any water or electricity undertakers
having any cables, mains, pipes or wires laid along,
across, over or under any road to be stopped up or
diverted under the order.

(5) The provisions of Part I1 of the Second Schedule
shall, with the necessary modification have effect in relation
to orders under this section as they have effect in relation
to directions under section 10.

14. If any person trespasses on any land forming part :;;,"j,",""&: On
of an aerodrome established by the Minister under section
9 or under his control or licensed pursuant to regulations
under section 3 , he shall be liable on summary conviction
to a fine of two hundred dollars or to imprisonment for a
term of three months:

Provided that no person shall be liable to any penalty
under this section unless it is proved, that at the material
time, notices warning trespassers of their liability under this
section were posted so as to be readily seen and read by
members of the public, in such positions on or near the
boundary of the aerodrome as appear to the court to be
proper.

LAWS OF ANTIGUA AND BARBUDA

24 CAP. 86) Civil Aviation

PART IV
LIABILITY FOR DAMAGE CAUSED BY AIRCRAFT

Liability in 15. (1) No action shall lie in respect of trespass or
respect of

and nuisance, by reason only of the flight of an aircraft over any
surface damage property at a height above the ground, which, having regard
from aircraft.

to wind, weather and all the circumstances of the case is
reasonable or the ordinary incidents of such flights so long
as the provisions of Part I1 and this Part or any regulations
made thereunder are complied with.

( 2 ) Where loss or damage is caused to any person or
property on land or water by, or by a person in or an article
or person falling from, an aircraft while in flight, taking off
or landing, then, unless the loss or damage was contributed
to or caused by the negligence of the person by whom it
was suffered, damages in respect of the loss or damage shall
be recoverable without proof of negligence or intention or
other cause of action, as if the loss or damage had been caused
by the wilful act, neglect or default of the owner of the aircraft:

Provided that where loss or damage is caused as
aforesaid in circumstances in which-

(a) damages are recoverable from the owner in
respect of the loss or damage by virtue of the foregoing
provisions; and

(b) a legal liability is created in some person other
than the owner to pay damages in respect of the loss
or damage,

the owner shall be entitled to be indemnified by that other
person against any claim in respect of the loss or damage.

(3) Where an aircraft has been bona fide demised, let
or hired out for any period exceeding fourteen days to any
other person by the owner of the aircraft and no pilot, com-
mander, navigator or operative member of the crew of the
aircraft is in the employment of the owner, subsection (2)
shall have effect as if for references to the owner there were
substituted references to the person to whom the aircraft has
been demised, let or hired out.

LAWS OF ANTIGUA AND BARBUDA

Civil Aviation (CAP. 86 25

16. (1) The Minister may make regulations under Nuisance caused
by noise and section 3 as to the conditions under which noise and vibra- vibration on

tion may be caused by aircraft on aerodromes and such aerodromes.
regulations may provide that subsection (2) shall apply to
any aerodrome as respects which provision as to noise and
vibration caused by aircraft is so made.

(2) No action shall lie in respect of nuisance by reason
only of the noise and vibration caused by aircraft on an
aerodrome to which this subsection applies by virtue of
subsection (1) so long as the provisions of the regulations
mentioned in that subsection are complied with.

PART V

SECURITY OF AIRCRAFT, AIRPORTS AND AIR
NAVIGATION INSTALLATIONS AGAINST ACTS OF

VIOLENCE

17. (1) The purpose to which this Part applies are Purposes to
which Part V

the protection against acts of violence- applies.

(a) of aircraft, and of persons or property on board
aircraft;

(b) of airports, and of such persons or property as
(in the case of persons) at any time present in any part
of an airport or (in the case of property) for part of an
airport in any part of the airport; and

(c) of air navigation installations that do not form
part of an airport.

(2) In this Part "act of violence" means-

(a) any act committed in Antigua and Barbuda that
constitutes the offences of murder, attempted murder,
manslaughter, assault or any offence under the Offences Cap. 300.
Against the Persons Act; or

(b) any act committed outside Antigua and
Barbuda, that would, if committed in Antigua and
Barbuda, constitute an offence to which paragraph (a)
applies.

LAWS OF ANTIGUA AND BARBUDA

2 6 CAP. 86) Civil Aviation

Police Force
responsible for 18. The prevention of the commission of offences
security at under the Hijacking Act, or any enactment giving effect to
airports. the Tokyo Convention 1963 or offences committed on Board
Cap. 200. Aircraft or the Montreal Convention 1971 for the Suppres-

sion of Unlawful Act against the safetv of Civil Aviation or
u

this Part, and the protection of persons and property from
dangers arising from the commission or attempted commis-
sion-of such offences, is the responsibility of the-police Force.

Of access of 1 9 (1) Subject to subsection ( 2 ) , a member of the member of the
Police Force. Police Force on duty may at any time, by force if necessary,

enter any airport or air navigation installation, or any air-
craft, vehicle, building, or place in any part of an airport
or air navigation installation, for the purpose of performing
his functions, under this Act or any other enactment.

(2) Subsection (1) does not apply to an aircraft or vehicle
not being used for commercial purposes unless the member
of the Police Force believes on reasonable grounds that there
is in the vehicle or aircraft any person or thing likely to
endanger the airport or air navigation installation or any
person.

Declaration of
protection areas.

20. The Minister may, for security reasons, by notice
in the Gazette, declare any airport or any part of an airport
or any navigation installation or any part of such installa-
tion to be a protected area for the purposes of this Part.

Provisions
relating to

21. (1) NO person, other than a member of the Police
protected Force on duty, shall enter or remain in any protected area

unless authorised by the Authority.

(2) Every person in a protected area shall, on the re-
quest of a member of the Police Force on duty, state his
name and address, and produce satisfactory evidence of its
correctness, and of the purpose of his presence in such area
and his authority to enter it.

(3) A member of the Police Force may order to leave
a protected area any person who has failed or refused to give
satisfactory evidence of his name and address when so
requested by the member of the Police Force, or who has
failed to satisfy the member of the Police Force that he is

LAWS OF ANTIGUA AND BARBUDA

Civil Aviation (CAP. 86 27

a person authorised to be there; and any such person shall
comply with such order.

(4) A person who contravenes subsection (2) or (3 ) com-
mits an offence against this section.

(5) A member of the Police Force, and any person he
calls to his assistance, may use such force as may be
reasonably necessary to remove from any protected area any
person who fails or refuses forthwith to leave the protected
area after having been ordered by a member of the Police
force to do so in accordance with subsection (3) .

(6) A person who, except with the permission of the
Authority, uses a camera or other photographic apparatus
or material while he is in or passing through a protected
area commits an offence against this section.

(7) A person who commits an offence against this
section, and, after being warned that he may be arrested,
persists in its commission, may be arrested without warrant
by a member of the Police Force.

(8) A passenger embarking or disembarking in an air-
port designated under section 32 (1) directly through gateways
or thoroughfares approved for that purpose by the Authority
is deemed to be authorised to pass through any protected
area forming part of those gateways or thoroughfares.

22. A person who, without lawful authority or excuse Taking firearms,
explosives and

takes or attempts to take on board any aircraft- other things on
board aircraft.

(a) a firearm; or

(b) any other dangerous or offensive weapon or
instrument of any kind whatever; or

(c) any ammunition; or

(4 any explosive or any other injurious substance
or device of any kind whatsoever that could be used
to endanger the safety of the aircraft or of persons on
board the aircraft,

is liable on conviction on indictment to a fine of ten thou-
sand dollars or to a term of imprisonment for five years.

LAWS OF ANTIGUA AND BARBUDA

2 8 CAP. 86) Civil Aviation

Search of
persons, baggage 23. (1) A member of the Police Force, a member of
and cargo. the airport security, an officer of customs, or an employee

or agent of the cirrier or any other person a ~ t h 0 r i s e d . b ~
the carrier or the airport authority for the purpose may, with
the consent of the person, search any person and his baggage
before such person boards any aircraft for the purpose of
being carried by air from any place in Antigua and Barbuda
to any other place whether in Antigua and Barbuda or
elsewhere.

(2) If the passenger declines to allow himself or his
baggage to be searched, the carrier shall refuse to carry him.

(3) A carrier is not liable to any civil proceedings, other
than a proceeding in respect of any right that the passenger
may have for the recovery of the fare or any part thereof,
by reason of the fact that the carrier has refused to carry
a passenger who has declined to allow himself or his bag-
gage to be searched.

(4) With respect to any search made pursuant to subsec-
tion (1)-

(a) a passenger shall not be required to remove any
article of clothing (other than a coat or similar article)
for the purpose of being searched.

( 6 ) except where the search is made by means of
any mechanical or electrical or electronic or other similar
device, no person shall be searched except by another
person of the same sex.

(5) An employee or agent of the carrier authorised by
the carrier for the purpose or any member of the Police Force
may examine any cargo before the cargo is loaded on to any
aircraft for the purpose of being carried by air from a place
in Antigua and Barbuda to any other place whether in
Antigua and Barbuda or elsewhere.

Search of persons 24. (1) Where under section 23 (1) a person has
declining to
allow search. refused consent to the search of himself or his baggage and

a member of the Police Force has reasonable grounds to
Cap. 200. suspect that an offence under the Hijacking Act, or any enact-

ment giving effect to the Tokyo Convention, 1963 for offences

LAWS OF ANTIGUA AND BARBUDA

Civil Aviation (CAP. 86 29

committed on Board Aircraft, or the Montreal Convention,
197 1 for the Suppression of Unlawful Acts Against the Safety
of Civil Aviation, or this Part in relation to an aircraft on
which that person was to be carried has been, is being, or
is likely to be, committed, whether by that person or by any
other person, such member of the Police Force may, without
warrant, search that person, who has declined to allow himself
or his baggage to be searched, and may detain him for the
purposes of that search, and may take possession of any article
referred to in paragraph (a) , (b), (c ) or (d) of section 22 found
in the course of that search.

(2) The refusal of any person to allow himself or his
baggage to be searched under section 23 shall not of itself
constitute grounds for suspecting that an offence relating to
aircraft has been, is being, or likely to be committed.

( 3 ) A member of the Police Force who exercises the
power of search conferred by subsection ( 1 ) shall identify
himself to the person searched, and shall also inform him
that the search is being made under this section, and if he
is not in uniform he shall also produce evidence that he is
a member of the Police Force.

25. Nothing found in the course of a search or Evidence of
offences.

examination made under section 23 or 24 is admissible as
evidence in any criminal proceedings against the person who,
or whose baggage, has been searched or as the case may
be, the consignor of any cargo that has been examined, other
than proceedings in respect of an offence under the Hijacking
Act, or any enactment giving effect to the Tokyo Conven-
tion, 1963 for offences committed on Board Aircraft, or the
Montreal Convention 1971 for the Suppression of Unlawful
Acts Against the Safety of Civil Aviation or this Part, or
any crime punishable with death or by imprisonment for
life or for a term not less than three years.

26. ( 1 ) A member of the Police Force may without ;;~:f::~powers
a warrant arrest a person within an airport-

(a) if he has reasonable cause to believe that that
person has contravened any provision of this Part or
any other regulation made for the purposes of this Part

LAWS OF ANTIGUA AND BARBUDA

30 CAP. 86) Civil Aviation

and he does not know and cannot ascertain that person's
name and address; or

(b) if that person in contravention of any provi-
sion of this Part or any other regulation made for the
purposes of this Part fails or refuses to leave the airport
or any particular part thereof after being requested by
a member of the Police Force to do so.

(2) A member of the Police Force may, without a
warrant, arrest any person who is in the vicinity of a pro-
tected area if he has reasonable grounds to believe that an
offence has been or is being committed by that person under
the Hijacking Act, or any enactment giving effect to the
Tokyo Convention 1963 for offences committed on Board
Aircraft or the Montreal Convention 197 1 for the Suppres-
sion of Unlawful Acts Against the Safety of Civil Aviation
or section 22.

(3) Any person who, when called upon to do so by a
member of the Police Force, in good faith assists him in
arresting any person is not guilty of an offence and not liable
to any civil proceedings in pursuance of that act.

Inspection of 27. (1) Any person authorised in writing by the Com-
aircraft and
airports. missioner of Police (in this section referred to as an

"authorised person") shall have power, on production (if
required) of his credentials, to inspect-

(a) any aircraft registered or operating in Antigua
and Barbuda at any time it is in Antigua and Barbuda;
or

(b) any part of a protected area; or

(c) any air navigation installation.

(2) An authorised person inspecting an aircraft or any
part of an airport or air navigation installation shall have
power-

(a) to subject any property found by him in the
aircraft (but not the aircraft itself or any apparatus or
equipment installed in it) or, as the case may be, to
subject that part of the airport or air navigation installa-
tion or any property found by him, there to such tests; or

LAWS OF ANTIGUA AND BARBUDA

Civil Aviation (CAP. 86 3 1

( b ) to require the operator of the aircraft or the
person performing the functions of manager of the air-
port, to furnish him with such information,

as the authorised person may consider necessary.

( 3 ) Subject to subsection ( 4 ) an authorised person, for
the purpose of exercising any powers conferred on him by
subsection (1) or (2) in relation to an aircraft or in relation
to an airport or air navigation installation, shall have power-

(a ) for the purpose of inspecting an aircraft, to enter
it and to take all such steps as are necessary to detain
it; or

( b ) for the purpose of inspecting any part of an air-
port or air navigation installation, to enter any building
or works in the airport or air navigation installation,
or enter upon any land in the airport.

( 4 ) The powers conferred by subsection ( 3 ) do not in-
clude power for an authorised person to use force for the
purpose of entering any aircraft, building or works or enter-
ing upon any land.

(5) Any person who obstructs or attempts to obstruct
an authorised person in the exercise of his powers and
functions under this section or who refuses to furnish any
information required of him under subsection (2) (b) , is liable
to a fine of five thousand dollars or to imprisonment for a
term of two years or to both such fine and imprisonment.

28. ( 1 ) A member of the Police Force may- Additional
powers of

( a ) stop any person who is leaving a cargo area p " ~ ~ ~ ~ o , " e t $
in an airport that is part of a protected area and inspect protected area.
any goods carried by that person;

( b ) stop and search any vehicle or aircraft which
is leaving any such cargo area and inspect the vehicle
and any goods carried on or in it; and

(c) detain in the area-

(i) any such goods for which there is not produced
a document authorising their removal from the

LAWS OF ANTIGUA AND BARBUDA

CAP. 86) Civil Aviation

General powers
of members of
the Police Force
are not
prejudiced.

Offences and
penalties.

Minister to
manage and
control airports.

Interpretation of
Part V.

area signed by a person authorised in that
behalf,

and

(ii) any such vehicle or aircraft as aforesaid so long
as there are on or in it goods liable to deten-
tion under this paragraph.

(3) In this section "cargo area" means any area which
appears to the Commissioner of Police to be used wholly
or mainly for the storage or handling of cargo in a protected
area and is designated by an order made by him for the pur-
poses of this section and published in the Gazette.

29. The powers conferred by this Act on a member
of the Police Force are without prejudice to any powers vested
in him apart from this Part.

30. Any person who commits an offence under this
Part for which no other penalty is specifically provided is
liable on summary conviction to a fine of five thousand dollars
or to imprisonment for two years or to both such fine and
imprisonment.

3 1. Subject to regulations made under section 3 the
management and control of all airports as may be designated
by notice published in the Gazette are hereby vested in the
Minister.

32. (1) In this Part-

"airport" means any defined area of land or water in-
tended or designated to be used either wholly or
partly for the landing, departure, movement and
servicing of aircraft; and includes any buildings,
installations and equipment on or adjacent to any
such area used in connection with the airport or
its administration;

"air navigation installation" means any building,
facility, works, apparatus or equipment or place
used wholly or mainly for the purpose of assisting
air traffic control or as an aid to air navigation,
together with any land contiguous or adjacent to

LAWS OF ANTIGUA AND BARBUDA

Civil Aviation (CAP. 86 33

any such building, facility, works, apparatus or
equipment and used wholly or mainly for purposes
connected therewith;

"aircraft registered or operating in Antigua and
Barbuda" means any aircraft which is either-

(a) an aircraft registered in Antigua and
Barbuda; or

(b) an aircraft not so registered which is
for the time being allocated for use on flights
which (otherwise than in exceptional circum-
stances) include landing at or taking off from
one or more airports in Antigua and Barbuda;

< < ammunition" has the meaning assigned by section 2
of the Firearms Act and includes anything declared Cap.
by order of the Minister to be ammunition;

"article" includes any substance, whether in solid or
liquid form or in the form of a gas or vapour;

6 ' explosive" has the meaning assigned by section 9 of
the Explosives Act and anything declared by order Cap. 159.
of the Minister to be an explosive;

"firearm" has the meaning assigned by section 2 of the
Firearms Act, and anything declared by order of
the Minister to be a firearm;

< < military service" includes naval and air force service;

' 6 operator" in relation to an aircraft means the person
for the time being having the management of the
aircraft;

c < property" includes any land, building or works, any

aircraft or vehicle and any baggage, cargo or other
article of any description;

"protected area" means an area within the meaning
of a protected area as defined in section 20.

LAWS OF ANTIGUA AND BARBUDA

3 4 CAP. 86) Civil Aviation

(2) An order of the Minister under subsection (1)
declaring anything to be ammunition, an explosive or a
firearm shall be laid before the House and shall be subject
to affirmative resolution.

.(3) For the purposes of this Part-

( a ) the period during which an aircraft is in flight
is deemed to include any period from the moment when
all its external doors are closed following embarkation
until the moment when any such door is open for dis-
embarkation and, in the case of a forced landing, any
period until the competent authorities take over respon-
sibility for the aircraft and for the persons and property
on board; and

( b ) an aircraft shall be taken to be in service during
the whole of the period which begins with the pre-flight
preparation of the aircraft by ground personnel or by
the aircraft's crew for a flight and ends twenty-four hours
after the aircraft lands having completed that flight, and
also at any time (not falling within that period) while,
in accordance with paragraph (a) of this subsection, the
aircraft is in flight; and

anything done on board an aircraft while in flight over any
part of Antigua and Barbuda, shall be treated as done in
Antigua and Barbuda.

(4) For the purposes of this Part, the territorial sea
adjacent to Antigua and Barbuda are to be treated as included
in that part of Antigua and Barbuda.

PART VI

GENERAL
Application to
aircraft of law of

33. (1) Any service rendered in assisting, or in saving
wreck and life from, or in saving the cargo or apparel of, an aircraft
salvage. on or over the sea or tidal water, shall be deemed to be salvage

services in all cases in which they would have been salvage
services if they had been rendered in relation to a vessel;
and where salvage services are rendered by an aircraft to
any property or person, the owner of the aircraft shall be
entitled to the same reward for those services as he would
have been entitled to if the aircraft had been a vessel.

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Civil Aviation (CAP. 86 3 5

(2) Subsection (1) shall have effect notwithstanding that
the services in question are rendered elsewhere than within
the limits of the territorial sea of Antigua and Barbuda.

(3) The Minister may, by order, direct that any provi-
sions of any law in force in Antigua and Barbuda which
relates to wreck, the salvage of life and property or the duty
of rendering assistance to vessels in distress shall, with such
modifications (if any) as may be specified in the order, apply
in relation to aircraft as those provisions apply in relation
to vessels.

(4) For the purposes of this section, any provisions of
any law in force in Antigua and Barbuda which relates to
vessels laid by or neglected as unfit for sea service shall be
deemed to be provisions relating to wreck.

34. (1) Any lawful entry into Antigua and Barbuda :gzy$;:;f
or any lawful transit across Antigua and Barbuda with or seizure on patent
without landings, of any aircraft to which this section applies
shall not entitle any seizure or detention of the aircraft or
any proceedings against the owner or operator of the air-
craft or any other interference with the aircraft by or on behalf
of any person in Antigua and Barbuda on the grounds that
the construction, mechanism, parts, accessories or operation
of the aircraft is or are an infringement of any patent, design
or model.

(2) The importation into and storage in Antigua and
Barbuda of spare parts and spare equipment for an aircraft
to which this section applies and the use and installation
thereof in the repair of such an aircraft shall not entail any
seizure or detention of the aircraft or of the spare parts or
spare equipment or any proceedings being brought against
the owner or operator of the aircraft or the owner of the
spare parts or spare equipment or any other interference with
the aircraft by or on behalf of any person in Antigua and
Barbuda on the grounds that there is an infringement of any
patent, design or model by the spare parts or spare equip-
ment on their installation:

Provided that this subsection shall not apply in relation
to any spare parts or spare equipment which are sold or
distributed in Antigua and Barbuda.

LAWS OF ANTIGUA AND BARBUDA

3 6 CAP. 86) Civil Aviation

(3) This section applies to-

(a) any aircraft (other than state aircraft) registered
in a state which is a party to the Chicago Convention;

(b) such other aircraft as the Minister may by
order, specify.

(4) Where it is alleged by any person interested that
a foreign aircraft which is not an aircraft to which subsection
(1) applies which is making a passage through or over Antigua
and Barbuda infringes in itself or part of it any invention,
design or model which is entitled to protection in Antigua
and Barbuda, it shall be lawful, subject to and in accordance
with the rules of court, to detain the aircraft until the owner
there deposits or secures in respect of the alleged infringe-
ment a sum hereafter in this section referred to as "the
deposited sum" and thereupon the aircraft shall not, during
the continuance of the passage, be subject to any lien, arrest,
detention or prohibition, whether by order of a court or other-
wise, on account of the alleged infringement.

(5) The deposited sum shall be such sum as may be
agreed between the parties interested or, in default of agree-
ment, as may be fixed by the Minister; and the payment
of the deposited sum shall be made or secured to the Minister
in such manner as may be approved by him.

(6) The deposited sum shall be dealt with by such
tribunal and in accordance with such procedure as may be
prescribed by rules of court and such rules may provide
generally for carrying the provisions of subsections (4) and
(5) into effect.

(7) For the purposes of subsection (4), the expression
" owner" shall include the actual owner of the aircraft and
any person claiming through or under him, and the expres-
sion "passage" shall include all reasonable landings and stop-
pages in the course or for the purpose of the passage.

Detention of
, aircraft.

35. (1) Any regulations or order made by the
Minister under this Act in relation to aircraft may, for the
purposes of securing compliance with the regulations or order,
include provisions for the detention of any such aircraft and

LAWS OF ANTIGUA AND BARBUDA

Civil Aviation (CAP. 86

such further provision as appears to the Minister to be
necessary or expedient for securing such detention.

(2) Without prejudice to subsection (I) , when default
is made in the payment of airport charges incurred in respect
of any aircraft at any aerodrome to which this section applies,
the aerodrome authority may, subject to the provisions of
this section-

(a) detain, pending payment, either-

(i) the aircraft in respect of which the charges were
incurred (whether or not they were incurred
by the person who is the operator of the air-
craft at the time when the detention begins); or

(ii) any aircraft of which the person in default is
the operator at the time when the detention
begins; and

(b) if the charges are not paid within sixty days
after the date when the detention begins, sell the air-
craft in order to satisfy the charges.

(3) An aerodrome authority shall not detain, or con-
tinue to detain, an aircraft under this section by reason of
any alleged default in the payment of airport charges if the
operator of the aircraft or any other person claiming an in-
terest therein-

(a) disputes that the charges, or any of them, are
due or, if the aircraft is detained under subsection (2)
(a ) (i), that the charges in question were incurred in
respect of that aircraft; and

(b) gives to the authority, pending the determina-
tion of the dispute, sufficient security for the payment
of the charges which are alleged to be due.

(4) An aerodrome authority shall not sell an aircraft
under this section without the leave of the court, irrespec-
tive of the charges which are alleged to be due and the court
shall not give leave except on proof that a sum is due to
the authority for airport charges, that default has been made
in the payment thereof and that the aircraft which the
authority seeks leave to sell is liable to sale under this section
by reason of the default.

LAWS OF ANTIGUA AND BARBUDA

3 8 CAP. 86) Civil Aviation

(5) An aerodrome authority proposing to apply for leave
to sell an aircraft under this section shall take such steps as
may be prescribed-

(a) for bringing the proposed application to the
notice of persons whose interests may be affected by the
determination of the court thereon; and

(b) for affording to any such person an opportunity
of becoming a party to the proceedings on the
application;

and, if leave is given, the aerodrome authority shall secure
that the aircraft is sold for the best price that can reasonably
be obtained; but failure to comply with any requirement of
this subsection in respect of any sale, while actionable as
against the aerodrome authority concerned at the suit of any
person suffering loss in consequence thereof, shall not, after
the sale has taken place, be a ground for impugning its
validity.

(6) The proceeds of any sale under this section shall
be applied as follows, and in the following order, that is to
say-

(a) in payment of any customs duty or purchase
tax which is due in consequence of the aircraft having
been brought into Antigua and Barbuda;

( 6 ) in payment of the expenses incurred by the
aerodrome authority in detaining, keeping and selling
the aircraft, including their expenses in connection with
the application to the court;

( c ) in payment of the airport charges which the
court has found to be due;

and the surplus, if any, shall be paid to or among the person
or persons whose interests in the aircraft have been diverted
by reason of the sale.

(7) The power of detention and sale conferred by this
section in respect of an aircraft extends to the equipment
of the aircraft and any stores for use in connection with its
operation (being equipment and stores carried in the air-
craft) whether or not the property of the person who is its
operator, and references to the aircraft in subsections (3) and

LAWS OF ANTIGUA AND BARBUDA

Civil Aviation (CAP. 86

(6) include, except where the context otherwise requires,
references to any such equipment and stores.

(8) The power of detention conferred by this section
in respect of an aircraft extends to any aircraft documents
carried in it; and any such documents may, if the aircraft
is sold under this section, be transferred by the aerodrome
authority to the purchaser.

(9) The power conferred by this section to detain an
aircraft in respect of which charges have been incurred may
be exercised on the occasion on which the charges have been
incurred or any subsequent occasion when the aircraft is on
the aerodrome on which those charges were incurred or on
any other aerodrome owned or managed by the aerodrome
authority concerned.

(10) This section applies to any aerodrome owned or
managed by any department of Government and to any other
aerodrome designated for the purpose of this section by an
order made by the Minister, and in this section-

"aerodrome authority", in relation to any aerodrome
owned or managed by any department of Govern-
ment means the Director of Civil Aviation and,
in respect of any other aerodrome, means the person
owning or managing it;

< < aircraft documents", in relation to any aircraft, means
any certificate of registration, maintenance or air-
worthiness of that aircraft, any log book relating
to the use of that aircraft or its equipment and any
similar document;

"airport charges" means charges payable to an
aerodrome authority for the use of, or for services
provided at an aerodrome;

"operator", in relation to any aircraft, means the person
for the time being having the management of that
aircraft;

"the court" means the High Court.

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40 CAP. 86) Civil Aviation

(1 1) Nothing in this section shall prejudice any other
right of an aerodrome authority to recover any charges, or
any part thereof.

Service of
documents. 36. (1) Any notice, direction or other document

required to be served on any person for the purposes of this
Act, may be served on him either by delivering it to him,
or by leaving it at his last known address, or by registered
post addressed to him at his last known address.

(2) Any such notice, direction or other document
required to be served upon a. body corporate shall be duly
served if it is served on the secretary or other principal officer
of the body or left at its registered office.

Application of
Act to State.

37. Sections3, 4, 5 , 6 , 8 , 34and35sha l lno tapply
to state aircraft:

Provided that the Minister may by order apply to any
such aircraft with or without modification, any of the said
sections or any orders or regulations made thereunder.

Repeal and
savings

38. (1) Subject to section (2), the enactments specified
Third Schedule. in the Third Schedule are hereby repealed.

(2) Notwithstanding the repeal by subsection (1) of the
enactments specified in the Third Schedule all laws and
instruments made under those enactments and in force in
Antigua and Barbuda immediately before the commence-
ment of this Act, shall, in so far as they are not inconsistent
with this Act, remain in force as if made under this Act with
such adaptations, modifications and qualifications as may
be necessary for the purpose and shall accordingly be sub-
ject to amendment or revocation by regulations made under
this Act or as may otherwise be authorised by the powers
conferred by this Act.

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Civil Aviation (CAP. 86 4 1

FIRST SCHEDULE Section 7

THE AIR TRANSPORT LICENSING BOARD

1. The Board shall consist of not less than five and not more than seven members
appointed by the Minister.

2. There shall be paid to the members of the Board such remuneration (whether
by way of salaries or travelling or other allowances) as the Minister may
determine.

3 . No person who for the time being has any interest, whether shareholder or
otherwise, in any business or undertaking-

(a) which provides transport for passengers or cargo whether by air, sea
or land; or

(b) which owns or operates an aerodrome; or

(c) which manufactures or deals in aircraft, aircraft engines or accessories;
or

(4 which caters for the supply of food or drink or other consumable
stores for use on aircraft or aerodrome; or

( e ) which supplies fuel or lubricants for public transport undertakings
whether by air, sea or land,

shall act as a member of the Board unless he has declared such interest to
the Board and to the Minister, and if any member of the Board shall fail to
declare such an interest, or if the Minister is satisfied that by reason of that
interest it is right and proper to do so, the Minister shall revoke the appoint-
ment of that person as a member of the Board.

4. Three members of the Board including the chairman or vice-chairman, shall
constitute a quorum for the transaction of business at meetings of the Board.

5. Subject to the provisions of this Act, the Board may regulate its own procedure.

SECOND SCHEDULE Sections 10 and 13

PROVISIONS RELATING TO DIRECTIONS UNDER SECTION 10

1. Immediately after the Minister has given the direction, he shall publish in at
least one newspaper printed and circulating in Antigua and Barbuda a notice
stating that the direction has been given, and shall also serve notice of the
direction-

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42 CAP. 86) Civil Aviation

( a ) in the case of a direction given for the purpose specified in paragraph
(6) of subsection ( 2 ) of section 10, upon every owner, lessee and occupier
of any land to which the right of way is appurtenant, and upon every local
Government authority in whose area any of that land is situated;

( b ) in the case of a direction given for any other purpose specified in
the said subsection, upon every owner, lessee and occupier of the land to
which the direction relates and upon every local Government authority in
whose area any of that land is situated;

(6 ) in the case of a direction restricting the installation of apparatus or
extinguishing rights to install or maintain apparatus upon every person whose
rights to install or maintain apparatus are affected by the direction; and

(d) in the case of a direction requiring the removal of any apparatus,
upon the person entitled to maintain the apparatus required to be removed
under the direction.

PART I1

2 . If any person aggrieved by the direction desires to question the validity thereof,
or of any provision contained therein, on the ground that it is not within the
powers of the Minister or that any requirement of this Act has not been complied
with in relation to the direction, he may, within six weeks from the time when
notice that the direction has been made is first published in accordance with
the requirements of this Act, make an application to the High Court; and on
any such application the court-

( a ) may by interim order suspend the operation of the direction or of
any provision contained therein, either generally or in so far as it affects
the applicant, until the final determination of the proceedings; and

( b ) if satisfied that the direction or any provision contained therein is
not within the powers of the Minister, or that the interests of the applicant
have been substantially prejudiced by any requirement of this Act not having
been complied with, may quash the direction or any provision contained
therein, either generally or in so far as it affects the applicant.

3. Subject to paragraph 2, the direction shall not be questioned in any legal pro-
ceedings whatsoever, and shall become operative on the expiration of six weeks
from the date on which notice of the giving of the direction is first published
in accordance with the requirements of this Act.

PART I11

4. Any person having an interest in land the value of which is diminished in
consequence of the coming into operation of the direction shall be entitled to
recover compensation from the Minister for the diminution.

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Civil Aviation (CAP. 86 43

5. Any person who sustains damage by being disturbed in the enjoyment of any
right in or over land in consequence of the coming into operation of the direction
(not being damage which consists of the diminution in the value of an interest
in land) shall be entitled to recover compensation from the Minister in respect
of that damage.

6. The Minister shall pay compensation in respect of any expenditure reasonably
incurred by any person for the purpose of carrying out work which is required
to be carried out by the direction.

7. The compensation payable to any person by virtue of the foregoing provisions
of this Schedule shall be reduced by the value to him of any timber, apparatus
or other materials removed for the purpose of complying with the direction.

8. For the purpose of assessing compensation under this Schedule, in so far as
it is payable in respect of the diminution in the value of an interest in land-

(a) the value of any interest in the land shall, subject as hereinafter
provided, be taken to be the amount which such interest in the land in the
condition in which the land is at the time of the coming into force of the
direction, if sold in the open market by a willing seller might be expected
to realize;

(6) the special suitability or adaptability of the land for any purpose shall
not be taken into account if that purpose is a purpose to which the land
could be applied only in pursuance of statutory powers not already granted,
or for which there is no market apart from the special needs of a particular
purchaser or the requirements of any Government department;

( 6 ) where the value of the land is increased by reason of the use thereof
or of any premises thereon in a manner which could be restrained by any
court, or is contrary to law, or is detrimental to the health of the inmates
of the premises or to public health, the amount of that increase shall not
be taken. into account;

(d) no allowance shall be made on account of-

(i) the acquisition being compulsory or the degree of urgency or necessity
which has led to the acquisition,

(ii) any disinclination of the owner to part with his interest in the land,

(iii) any damage sustained by the owner which, if caused by a private
person, would not render such person liable to an action,

(iv) any damage, not being in the nature of deprivation of or interference
with an easement, servitude or legal right, which, after the time
of awarding compensation, is likely to be caused by or in consequence
of the use to which the land acquired will be put:

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44 CAP. 86) Civil Aviation

Provided that nothing herein shall prejudice any claim under
the direction for damage subsequently sustained in consequence of
the use to which the land acquired is put,

(v) any increase to the value of the land acquired likely to accrue from
the use to which the land or any part of the land acquired will be put,

. .

shall, so far as it is applicable and subject to any necessary modifications, have
effect as it has effect for the purpose of assessing compensation for the compulsory
acquisition of land.

9. Where any dispute arises as to whether compensation is payable under this
Schedule, or as to the amount of any such compensation, or as to the person
to whom it is payable, the dlspute shall be referred to and determined by the
High Court.

THIRD SCHEDULE Section 38

Cap. 129 The Aerodromes Act

12 & 13 Geo. 6 The provisions of the United Kingdom Civil Aviation Act, 1949
S.I. No. 868 of as applied by the Colonial Civil Aviation (Application of Act)
1952. Order, 1952.

No. 16 of The Civil Aviation Act, 1982.
1982.