Civil Airports Amendment Act 1994

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1994/Acts/Civil%20Airports%20Amendment%20Act%201994.pdf

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Civil Airports Amendment Act 1994
The Laws of Bermuda
Annual Volume of Public Acts 1994 : 48

1

243

BERMUDA
1994 : 48

CIVIL AIRPORTS AMENDMENT ACT 1994

[Date of Assent 28 December 1994]

[Operative Date 28 December 1994]

WHEREAS it is expedient to amend the Civil Airports Act 1949:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Citation
1 This Act which amends the Civil Airports Act 1949 (hereinafter
referred to as "the principal Act") may be cited as the Civil Airports
Amendment Act 1994.

Amends section 1 of principal Act
2 Section 1 of the principal Act is amended —

(a) by deleting the definition of the expression "aeronautical
communications service" and inserting the following
definition:

"air navigation services" includes information, directions
and other facilities furnished, issued or provided for
the purposes of or in connection with the navigation
or movement of aircraft and also the control of

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movement of vehicles in any part of the airport used
for the movement of aircraft;";

(b) by inserting at the end of the definition of the expression
"Bermuda Airport" the following:

", and includes all other land in the said St. George's
Parish, leased by the Government of the United States of
America—

(a) which may from time to time vest in, or otherwise
come into the possession or under the control of, the
Government; and

(b) which the Minister by notice published in the Gazette
designates to be used for the purposes of civil
aviation";

(c) by deleting the definition of the expression "the
Department" and substituting the following:

"the Airport Department" and "the Aviation Department"
mean, respectively, the Department of Airport
Operations and the Department of Civil Aviation
established under section 2(1); and

(d) by deleting the definition of the expression "Officer of the
Department" and substituting the following:

"Officer of the Airport Department" and "Officer of the
Aviation Department" mean respectively, any public
officer duly appointed to the Airport Department or
the Aviation Department, as the case may be.".

Repeals and replaces section 2 of principal Act
3 Section 2 of the principal Act is repealed and replaced by the
following:

"Establishment of Departments, etc.
2 (1) The Department of Airport Operations and, subject
to section 9, the Department of Civil Aviation are hereby
established.

(2) The Airport Department and the Aviation
Department shall, subject to the general direction and control of
the Minister, be under the supervision of a public officer who

The Laws of Bermuda
Annual Volume of Public Acts 1994 : 48

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shall be known as the Permanent Secretary and, in addition to
the Permanent Secretary,—

(a) the Airport Department shall consist of a public
officer who shall be known as the General
Manager of Airport Operations; and

(b) the Aviation Department shall consist of a public
officer who shall be known as the Director of
Civil Aviation,

and such number of other public officers as may from time to
time be authorized by the Legislature.

Functions of Departments
2A (1) The Airport Department shall assist the Minister in
the discharge of his functions under this Act, and any other
enactment, relating to the operation of the Bermuda Airport,
other than functions in respect of which the Aviation Department
is charged with the duty to assist the Minister.

(2) The Aviation Department shall—

(a) be responsible on behalf of the Governor for the
administration of the Air Navigation (Overseas
Territories) Order 1989, and any other Order
amending or replacing that Order;

(b) assist the Minister in respect of the observation
of the limitations on the exercise of the
functions of the Minister imposed by section 3;
and

(c) have such other functions relating to the
regulation of civil aviation as the Minister may,
from time to time, in writing, specify.".

Repeals and replaces section 4 of principal Act
4 Section 4 of principal Act is repealed and replaced by the
following—

"Functions of Minister
4 (1) The Minister shall have the general administration,
control and management of the Bermuda Airport.

(2) It shall be the duty of the Minister to provide at
Bermuda Airport such services and facilities as are in the

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opinion of the Minister necessary or desirable for the operation of
the airport.

(3) In carrying out his duty under subsection (2), the
Minister shall have regard to the development of air transport
and to efficiency, economy and safety of operation.

(4) Without prejudice to the generality of subsection
(2), the duty imposed upon the Minister by that subsection shall
include the duty to provide at the Bermuda Airport air navigation
services, airport infrastructure support services and crash, fire
and rescue services.

(5) The Minister shall make arrangements for securing
the systematic co-ordination of the functions of Departments of
the Government of Bermuda falling to be exercised at the
Bermuda airport, including the control of immigration, the
safeguarding of the revenue, the handling of mail and other post
office services, the provision of public transportation and the
promotion of the tourist trade.

(6) The Minister shall cause such statistical data to be
obtained and recorded, and such records or reports to be
published as he may think expedient.

(7) The Minister shall maintain meteorological services
in Bermuda.

(8) The Minister, in exercising and discharging his
functions under subsections (2), (3), and (4) shall have regard to
the aims and intentions of those international conventions
relating to civil aviation which are for the time being adhered to
by Her Majesty's Government in the United Kingdom or by Her
Majesty's Government in Bermuda, and shall, without prejudice
to anything in section 3, use his best endeavours to give effect to
those aims and intentions.

(9) In this section—

(a) "airport infrastructure support services" in-
cludes the provision at the Bermuda Airport of
equipment and facilities in support of air
navigation services, crash, fire and rescue
services, meteorological services and such other
services as in the opinion of the Minister are
necessary to facilitate the movement of aircraft

The Laws of Bermuda
Annual Volume of Public Acts 1994 : 48

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whether such movement is on the ground or in
the air; and

(b) "crash, fire and rescue services" means such
services provided at the Bermuda Airport as in
the opinion of the Minister are necessary for the
purposes of rescue and fire-fighting in the event
of an accident or other incident involving an
aircraft occurring at, or in the vicinity of, the
Bermuda Airport.

Amends section 5 of principal Act
5 Section 5 of the principal Act is amended—

(a) in subsection (1)(a), by deleting the words "aeronautical
communication services" wherever they appear in sub-
paragraphs (i) and (ii) and substituting therefor in each
case the words "air navigation services";

(b) in paragraph (ii) of the proviso to subsection (1), by
inserting next after the words "paragraph (d), or" the
words ", subject to subsection (1A),"; and

(c) by inserting next after subsection (1) the following:

"(1A) Notwithstanding paragraph (ii) of the proviso to
subsection (1), the Minister may, with the prior approval
of the Minister of Finance, enter into a contract under
paragraph (e) of that subsection where the amount to be
expended in respect of such contract does not exceed
one million dollars.".

Amends section 6 of principal Act
6 Section 6 of the principal Act is amended in subsection (1)(c) and
subsection (2)(l), by deleting the words "aeronautical communication
services" wherever they appear and substituting therefor in each case the
words "air navigation services".

Amends section 11(5) of principal Act
7 Section 11(5) of the principal Act is amended by deleting the
word "Department" and substituting the words "Airport Department or
the Aviation Department".

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Amends section 12 of principal Act
8 Section 12 of the principal Act is amended in subsections (1) and
(2) by deleting the word "Department" wherever it appears and
substituting therefor in each case the words "Airport Department or the
Aviation Department".

Savings and transitional
9 (1) The Department of Civil Aviation which was in existence
immediately prior to the coming into operation of this Act shall continue
under this Act and everything lawfully done by that Department shall be
of full force and effect.

(2) Upon the coming into operation of this Act the Director of
Civil Aviation shall deliver to the General Manager of Airport Operations
all books, documents and other information, however maintained, other
than books, documents and information relating to the matters specified
in section 2A(2)(a) and (b).