Civil Aviation Act


Published: 1966-06-01

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THE CIVIL AVIATION ACT

ARRANGEMENT OF SECTIONS

PART I. Introductop

1. Short title.

2. Interpretation.

PART 11. Regulation of Civil Aviation

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

4. Dangerous flying.

PART IIA. Aviation Occurrence Investigations

5. Investigation of accidents.

5A. Application.

5B. Establishment of board of inquiry.

5C. Investigator-in-charge.

5D. Investigators and accredited representatives.

5E. Remuneration of investigator-in-charge, etc.

5F. Protection of evidence.

5G. Use of on-board recordings.

5H. Investigator-in-charge, etc., not to be called as witness in
proceedings.

51. Offences.

5J. Regulations.

PART IIB. Jamaica Civil Aviation Authority

6. Establishment of Authority.

6A. Functions of Authority.

6B. Minister's directions in national interest, etc.

6C. Appointment of Director-General of Civil Aviation and other
officers and employees.

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6D. Funds and resources of the Authority.

6E. Borrowing powers.

6F. Advances and grants to Authority. and guarantee of repayment
of sums borrowed.

6G. Repayment of, and interest on, advances and sums issued to
meet guarantees. O

6H. Reserve fund.

61. General financial duties.

6J. Accounts and audit.

6K. Annual report and estimates.

6L. Exemption from customs duty. etc.

6M. Exemption from income tax, stamp duties and transfer tax

7. Air transport licences.

8. Licensing of air transport undertakings.

9. Information as to air transport undertakings.

9A. Powers of inspection.

9B. Right of access to aerodrome and other place.

PART 111. Aerodromes and other Lands

10. Power of Minister to provide aerodromes.

1 1. Power to control land.

12. Obstructions near aerodromes.

12A. Power to neutralize airstrips and potential airstrips.

13. Power to stop up and divert highways.

14. Trespassing on aerodromes.

PART IV. Liability for Damage, etc., Caused by Aircrafl

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

16. Nuisance caused by noise and vibration on aerodromes.

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PART I/. security of Aircraj, A Airports and Air
Navigation Installations Against Acts of
Violence and Unlawful Interference

16A. Interpretation of Part V.

16B. Application of Part V.

16C. Declaration of restricted areas.

16D. Boarding aircraft with firearm, explosive, etc.

16E. Search of persons, baggage, etc.

PART VI. Miscellaneous

17. Application to aircraft of law of wreck and salvage.

18. Exemption of aircraft, etc., from seizure on patent claims.

PART VII. General

19. Application of Act to the State.

19A. Wences.

20. offences.

20A. Provisions for discharge of liability

20B. Amendment of penalties.

2 1. Detention of aircmfl.

22. Notices.

23. Documentary evidence.

24. Delegation of functions.

25. Establishment of Appeal Tribunal,

SCHEDULES

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THE CIVIL AVIATION ACT Acts
19 of 1966,
36 of 1974

S. 24, [ ] s t hlne. 1966.1 of1984
S. 30,

17 of l9&1,
37 of 1995,
18 of 2004.

PART I. Introductory
1. This Act may be cited as the Civil Aviation Act. short title.

2.-(1) In this Act- Interprets-
tlon.

"aerodrome" means any area of land or water designed,
equipped, set apart or commonly used for affording
facilities for the landing and departure of aircraft;

"aircraR" means any machine that can derive support in the 1812004.
atmosphere from the reactions of the air, other than the S. 2(b).
reactions of the air against the earth's surface, and
includes a rocket;

"airstrip" means any place, other than a licensed aero- 1711984
drome, used for the landing or take-off of aircraft; s 2

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

"Authority" means the Jamaica Civil Aviation Authority 3711995
established under section 6; S. 2 (b). 1812004

S . 2(a).

"aviation document" means any licence, certificate or other 1812004
document issued under or pursuant to this Act in S. 2(b).

respect of any person, undertaking or thing;

"Chairman" means the Chairman of the Authority; 3711995
S 2(b).

"Chiccgo Convention" means the Convention on Inter-
national Civil Aviation concluded at Chicago on the
seventh day of December, 1944, and to which Jamaica
has adhered by notification dated the 26th day of
March, 1963;

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"Director-General" means the Director-General of Civil
Aviation appointed pursuant to section 6C (1);

"foreign aircraft" means an aircraft other than a Jamaican
aircraft;

"functions" includes powers and duties; n
"Inspector" means a person appointed by the Director- (.J

General as an Inspector for the purposes of this Act;

"Jamaican aircraft" means an aircraR registered in Jamaica
pursuant to regulations made under section 3;

"land includes any estate or interest in land or an
easement;

"local authority" means the Kingston and Saint Andrew
Corporation or any Parish Council or the National
Water Commission;

"member" means a member of the Authority;

"owner" in relation to land means a person, other than a
mortgagee not in possession, who is for the time being
entitled to dispose of the fee simple of the land
whether in possession or in reversion, and includes a
person holding or entitled to the rents and profits
under a lease or agreement, the unexpired term
whereof exceeds three years;

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

"Secretary" means the Secretary of the Authority;

"state aircraft" means aircraft used exclusively for
military, customs or police services.

"Tribunal" means the Civil Aviation Appeal Tribunal
established under section 25.

(2) Any power conferred by this Act shall be in addition
to and not in derogation of any other power so conferred.

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CIVIL A VATION 7

PART 11. Regulation qf Civil Aviation

3.-(1) The Minister may by regulations make such pro- ;;'':gCt
vision as appears to him to be necessary or expedient- to the

Chicago (a) for carrying out the Chicago Convention, any
Annex thereto relating to international standards andto

regulate air and recommended practices (being an Annex navigation,
adopted in accordance with the Convention) and any
amendment of the Convention or any such Annex
made in accordance with the Convention; and

(b) generally for regulating air navigation and aero-
dromes.

(2) Without prejudice to the generality of subsection (1)
regulations under that subsection may make provision-

(a) as to the registration of aircraft in Jamaica;

(6) for prohibiting aircraft from flying unless certifi-
cates 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;

(c) for the licensing, inspection and regulation of aero-
dromes, 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, aircraft factories and establish-
ments abovementioned which are not licensed
under the regulations;

(9 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 satis@ the prescribed requirements, and for
the licensing of persons employed at aerodromes
or elsewhere in the inspection, testing, main-
tenance, repair or supervision of aircraft;

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CIWL A WATION

(e) as to the conditions under which, and in particular
the aerodromes to or fiom which, aircraft entering
or leaving Jamaica may fly, and as to the condi-
tions under which aircraft may fly fiom one part
of Jamaica to another;

V) as to the conditions under which passengers or goods
may be carried by air (including conditions as to the

0
qualifications of persons engaged in such carriage) and
under which aircraft may be used for other
commercial, industrial or gainfbl purposes and for
prohibiting the carriage by air of goods of such classes
as may be prescribed;

(g) for minimizing 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 authorizing 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 fiom
the person having charge of the sign or light;

(i) generally for-

(A) ensuring the safety, security, efficiency and
regularity of air navigation;

(B) ensuring the safety and security of- /7

(i) aircraft, aerodromes and other aviation
i/

facilities;

(ii) persons and property carried in
aircraft; and

(iii) persons using aerodromes or other
aviation facilities;

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(C) preventing aircraft from endangering other
persons and property not referred to in sub-
paragraph (B);

0) 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 regulating the making of signals and other
communications by or to aircraft and persons car-
ried in aircraft;

(I) for regulating the use of any ensign established
by the Governor-General for purposes connected with
air navigation;

(m) for prohibiting aircraft from flying over such areas
in Jamaica 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
aviation document (including the examinations and :8$&,
tests to be undergone), and as to the form, custody,
production, cancellation, suspension, endorsement and
surrender of any such document;

(p) for the registration of births and deaths occurring
in aircraft and of particulars of persons missing from
aircraft;

(q) for prohibiting, restricting or regulating the carrying on
of any trade or business within any aerodrome which
is under the control or in the occupation of the
Minister or any department of the Government;

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(r) for the granting by the Minister, on such terms and
conditions and subject to the payment of such
consideration as he thinks fit, of authorities to carry on
any trade or business within any such aerodrome as
aforesaid;

( .; j for establishing and regulating the conditions of use,
including the charges to be made for the use, of any 0
such aerodrome as aforesaid and for services or
facilities provided at any such aerodrome;

(t) for prohibiting or regulating traffic on the roadways 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 the fees to be paid in respect of the issue,
validation, renewal, extension or variation of ahy
aviation document or the undergoing 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 the Minister to be
expedient for the purpose of the regulations to charge
fees;

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

(x) for the imposition and collection of noise-related
charges and of charges relating to services and
facilities (whether at aerodromes or elsewhere) in

0
respect of the safeguarding and the storing of air-
craft, aircraft engines, accessories and equipment, the
navigation of aircraft, and of any other matters in
respect of which it appears to the Minister to be
expedient for the purpose of the regulations to impose
charges;

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CI V71, A VIA TION 1 I

(y) for the insurance of passengers, aircraft and otherwise s 18'2004 i(a)(v)
by owners and operators of aircraft.

(3) Regulations under this section may-

(a) provide for the imposition of penalties for offences
against the regulations, not exceeding-

(i) in the case of conviction before a Resident 97:;:
Magistrate, a fine of five hundred thousand 1812004
dollars or imprisonment with or without hard S. 3(b).
labour for a term of three years or to both such
fine and imprisonment; or

(ii) in the case of conviction before a Circuit 97!(:,5
Court, a fine of one million dollars or
imprisonment with or without hard labour for
a term of five years, or to both such fine and
imprisonment,

so, however, that in either case, where the offence
relates to the illegal landing or illegal take-off of an
aircraft, the fine may be of a higher sum not exceeding
three times the aggregate value of the aircraft, its
engines, accessories and equipment;

(b) provide for the taking of such steps (including the
use of force) as may be prescribed as respects air-
craft flying in airspace above Jamaica within which
the flight of aircraft is prohibited by the regula-
tions;

(c) provide for the seizure, forfeiture, use and disposal
of aircraft which-

(i) land or take off or attempt to land or take off
in Jamaica at any place other than a place
designated or notified by the Ministet for the
purpose; or

(ii) fly in airspace declared by the Minister to be a
prohibited area;

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CIVIL A VIA TION

1711984
s. 3(c).

1711984
s. 3(c).

Second
Schedule.

Dangerous
flying.
1711984
S. 4 (a).

empower, subject to subsection (6), any person
authorized in that behalf by the Minister to pull
down or alter, so as to bring into conformity with
the requirements of the regulations, any building
structure or apparatus which contravenes those
requirements; i?

L.'
empower the Minister to authorize the taking of steps
(including demolition where necessary) to prevent any
place in Jamaica being used illegally for the landing or
take-off of aircraft; or

prohibit the construction or operation of aero-
dromes without the approval of the Minister.

(4) Regulations made under this section in relation
to the use of roadways in an aerodrome shall take effect
notwithstanding that such roadways may be roads which
are subject to the Road Traffic Act and regulations made
thereunder.

(5) Regulations made pursuant to subsection (3) (c),
(d) or (e) shall be subject to affirmative resolution.

(6) Regulations made pursuant to subsection (3) (6)
or (e) shall providk for the payment of compensation in ap-
propriate cases and thereupon as respects such cases the
provisions of Part I11 of the Second Schedule shall have
effect, mutatis mutandis, in relation to such regulations in
like manner as they apply in relation to directions under
section 1 1.

4 . 4 1 ) Where an aircraft is flown in such a manner as to
cause danger to any person or property on land or water or to

0
other aircraft or in a manner likely to endanger other aircraft, the
pilot or other person in charge of the aircraft and the owner apd
operator of the aircraft shall be guilty of an offence and shall be
liable on conviction to a fine not exceeding twenty thousand
dollars or to imprisonment for a term not exceeding three years
or to both such fine and imprisonment.

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(2) In any proceedings against the owner of an air-
craft in respect of an alleged offence under this section,
it shall be a defence to prove that the act alleged to con-
stitute the offence was done without the knowledge or con-
sent of the owner.

c-

I (3) In this section- 1711984 - S. 4(b).
"owner", in relation to an aircraft and an alleged

offence, includes any person by whom the aircraft
is hired at the time of the alleged offence;

"operator", in relation to an aircraft and an alleged
offence, includes any person on whose behalf
(whether consequent on the relationship of em-
ployee and employer or on the relationship of
agent and principal or any other relationship) the
aircraft was at the time of the alleged offence being
operated by the pilot or any other person.

PART IIA. Aviation Occurrence Investigations 1812004.
S. 4.

5. In this Part- Investiga-
tion of

"accident" means an occurrence associated with the accidents.
operation of an aircraft that takes place during flight
time and which results in-

(a) a person suffering a fatal or serious injury as a
result of-

(i) being in or upon the aircraft;
(ii) coming into direct contact with any

part of the aircraft, including any part
that has become detached from the
aircraft; or

(iii) direct exposure to jet blast,
except where such injury is from natural
causes, self-inflicted, inflicted by another
person or where the injury is to a stowaway
hiding in an area that is not normally available
to passengers or crew;

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CIHL A HATION

(h) the aircraft sustaining damage or structural
failure that-

(i) adversely affects the structural
strength, performance or flight charac-
teristics of the aircraft; and

(ii) normally requires major repair or 0
replacement of the affected com-
ponent,

other than engine failure or damage, damage
limited to the engine, its cowling or
accessories, propellers, wing tips, antennas,
tyres, brakes or fairings, or small dents or
puncture holes in the aircraft skin; or

(c) the disappearance of the aircraft or its
inaccessibility;

"accredited representative" means a person designated by a
state, on the basis of his qualification, for the purpose
of participating in an investigation conducted by
another state;

"aviation occurrence" means any accident or incident
associated with the operation of an aircraft;

"board of inquiry" means a board of inquiry established
under section 5B;

"flight time" means the time which elapses between
the embarkation of persons to an aircraft with
the intention of taking flight and ends upon
the disembarkation of such persons from the 0
aircraft;

"incident" means-

(a) any occurrence, other than an accident,
associated with the operation of an aircraft
and which affects or could affect aviation
safety; or

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CIWL A WA TION 12.03

(b) any situation or condition that the Minister or
Authority, as the case may be, has reasonable
grounds to believe could, if left unattended,
contribute to an accident or to an occurrence
described in paragraph (a);

"Investigator" means a duly qualified person appointed by
the Authority to assist in the investigation of an
aviation occurrence.

5A.-(I) Subject to subsection (3), this Part shall apply to the ;$:Ern,
conduct of every investigation of an aviation occurrence. S. 5.

(2) Findings resulting from an investigation of an
aviation occurrence shall be for the sole purpose of promoting
aviation safety.

(3) Nothing in this Part shall be construed as prohibiting
or limiting any person or body in the lawhl investigation of an
aviation occurrence for any purpose other than the pmr lotion of
aviation safety.

5B.-(I) The Minister may make regulations establishing a Eshblish-
m a t of

board of inquiry to inquire into the circumstances of any boardof
aviation occurrence where, in the opinion of the Minister, the Fgg'
safety of any person has been or is being endangered as a result s. 5 .
of the occurrence.

(2) A board of inquiry shall have the sole responsibility
for the investigation of the aviation occurrence with respect to
which such board is established, and shall determine the
probable cause of the occurrence.

(3) At the close of its inquiry a board of inquiry shall
submit, within such time as the Minister may specify, a written
report to the Minister, detailing-

(a) the proceedings of the board;

(b) the result of the board's inquiry; and

(c) the reasons leading to the conclusions arrived at by the
board.

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(4) A board of inquiry shall have all the powers of a
Commission appointed under the Commissions of Enquiry Act,
as regard*

(a) subject to subsection ( 9 , the regulation of its
proceedings;

(b) the summoning and examination of witnesses; and 0
(c) the production of books, plans and documents,

and the provisions of sections 1 1, 1 1 A and 16 of that Act shall
apply, with the necessary modifications, to a witness summoned
by a board of inquiry.

(5) Regulations made pursuant to subsection (l+

(a) shall provide for the tenure and remuneration of the
members of the board; and

(b) may direct that the of the board be closed
to the public.

(6) The Minister may appoint, by notification published
in the Gazette, such persons as the Minister thinks suitable,
having regard to their qualifications and expertise, to be
members of a board of inquiry.

'"VB*i@a- 5C.-41) Subject to subsections (4), (5) and (6), where the
in-charge.
1812004 Authority determines that it is necessary to investigate the
s. J. circumstances of an aviation occurrence, the Authority shall

appoint by notification in writing an Investigator-in-charge, who
shall have the duty set out in subsection (2).

(2) Subject to subsection (3), an Investigator-in-charge
shall have the authority to direct the conduct of the investigation

0
in respect of the aviation occurrence to which his appointment
relates.

(3) The Investigator-in-charge shall report to-

(a) the board of inquiry charged with inquiring into the
aviation occurrence; or

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(b) where no such board is established, the Director-
General.

(4) The Minister may confirm or for good cause revoke,
in writing, the appointment of an Investigator-in-charge. - (5) Where the Minister revokes, in writing, the .. appointment of an Investigator-in-charge, he may appoint, in
writing, another person to be the Investigator-in-charge.

(6) The written notification of the appointment, or the
revocation of appointment, as the case may be, of an
Investigator-in-charge shall be published in the Gazette within
seventy-two hours of notification.

5 D . - ( 1 ) An Investigator-in-charge may be assisted in the heaisa-
tors and

conduct of his investigation pursuant to this Part, by- accredited
repre-

(a) an Investigator appointed in relation to the aviation sentatives.
occurrence; 1812004 S. 5.

(b) an accredited representative,
and such Investigator or accredited representative, as the case
may be, shall report to and be subject to the directions of the
Investigator-in-charge.

(2) Subject to the provisions of any other law, an
Investigator-in-charge and an accredited representative shall
have the respective rights and privileges set out in the Third z a l e .
Schedule.

SE, There shall be paid to an Investigator-in-charge and an ETm-
Investigator, subject to such terms and conditions as the bestiptm
Authority shall determine, such remuneration as the Authority -in-cmep

otc.
thinks fit. 1 8 1 2 0 ~

S. 5.

5 F . 4 1 ) An Investigator-in-charge may, if he thinks Fez:=.
necessary in order to protect and preserve any item or evidence 1812004
that he has reasonable grounds to believe has been involved in S. 5.
an aviation occurrence, prohibit or limit access to the area
immediately surrounding the place at which the item or evidence

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CIVIL A VIA TION

is located, for such period as is necessary for the purpose of
investigating the aviation occurrence.

(2) Any prohibition or limitation of access under
subsection (1) shall be in accordance with such procedure as
may be prescribed in regulations made under this Part.

(3) A person who wilfblly or knowingly enters an area
in contravention of a prohibition or limit imposed under

0
subsection (1) commits an offence.

Use of on-
board

5G.-(1) Where an Investigator-in-charge has reasonable
recordings. grounds to believe that any person has the possession, custody
1812004 or control of an on-board recording that is relevant to any
S. 5

investigations being conducted by the Investigator-in-charge
under this Part, the Investigator-in-charge may serve the person
with a written request to produce the recording.

(2) A person who without lawful excuse fails to comply
with a written request served on him under this section commits
an offence.

(3) An Investigator-in-charge shall not disclose the
contents of any on-board recording, except as-

(a) required for the purposes of an investigation under this
Part;

(b) the Investigator-in-charge thinks necessary in the
interests of aviation safety;

(c) required by a coroner; or

(4 required by the order of a court.
(4) The contents of an on-board recording shall not be

admissible in evidence in- 10
(a) any disciplinary proceedings relating to the capacity or

competence of any officer or employee referred to in
subsection (5) to perform the fhctions of such officer
or employee, as the case may be;

(b) any proceedings before a court or tribunal,

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unless it is determined by a court that such admission into
evidence would outweigh any adverse domestic or international
impact which such admission might have on-

(i) the evidence given during disciplinary proceedings;

(ii) proceedings before such court or tribunal; or

(iii) any future investigations.

(5) The officers and employees referred to in subsection
(4)(a) are-

(a) air traffic controllers;

(b) crew members;

(c) airport vehicle operators;

(d) flight service station specialists; and

(e) any person whose function is to relay messages
concerning air traffic control or matters related to air
traffic control.

5H. Except in any proceedings before a coroner, a person lnveaigatOr
-in-charge,

who acts as an Investigator-in-charge of an Investigator in ~ c . , m t t o
respect of an aviation occurrence shall not be called as a witness 2 ~ " ; : ~ ~
in any proceedings before a court or tribunal relating to such proceedi~~gs.
occurrence, unless the court or tribunal is satisfied that the non- i8y
appearance of such person as a witness in the proceedings would
not serve the interests of justice.

51. A person who commits an offence under section 5F (3) or Tgt.
5G (2) shall be liable to- s. 5.

(a) in the case of summary conviction in a Resident
Magistrate's Court, a fine not exceeding five hundred
thousand dollars or imprisonment with or without hard
labour for a term not exceeding six months, or to both
such fine and imprisonment; or

-
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(b) in the case of conviction on indictment before a Circuit
Court, a fine not exceeding one million dollars or
imprisonment with or without hard labour for a term
not exceeding twelve months, or to both such fine and
imprisonment.

Rev1atims 5J.--(1) Without prejudice to the generality of section 3(1),
l8/2oO4

13
S. 5. the Minister may make regulations with respect to the conduct

of the investigation of aviation occurrences occurring in or over
Jamaica or occurring to Jamaican aircraft wherever they may be.

(2) Without prejudice to the generality of subsection
(I ) , regulations made under this section may contain
provisions-

requiring notice to be given of any such aviation
occurrence in such manner and by such persons as
may be prescribed;

applying, with or without modification, for the
purpose of investigations held with respect to any such
aviation occurrence, any of the provisions of any
enactment in force in Jamaica, relating to the
investigation of deaths or accidents;

authorizing any person, so far as may be necessary, for
the purposes of an investigation pursuant to paragraph
(b), to have access to, examine, remove, take measures
for the preservation of, or otherwise deal with, any
such aircraft, site or any part thereoc

authorizing or requiring the cancellation, suspension,
endorsement or surrender of any aviation document
issued under this Act where it appears on investigation

0
that the aviation document ought to be so dealt with,
and requiring the production accordingly of any such
aviation document; and

prescribing anything required to be prescribed under
this Part.

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CIWL A WATION 12 .09

(3) Regulations under this section may provide for the
imposition of penalties for offences against the regulations, not
exceeding-

(a) in the case of summary conviction in a Resident
Magistrate's Court, a fine of five hundred thousand
dollars or imprisonment with or without hard labour
for a term of six months or to both such fine and
imprisonment; or

(b) in the case of conviction on indictment before a
Circuit Court, a fine of one million dollars or
imprisonment with or without hard labour for a term of
twelve months, or to both such fine and imprisonment.

3711995
PART IIB. Civil Aviation Authority s. 4.

1812004
S. 6(a).

6 . 4 1 ) There is hereby established a body to be callecl the Establish-
ment of ~amaica Civil Aviation - Authority which shall be a body A u t h ~ t v .

corporate to which the provisions of section 28 of the 3711995'
Interpretation Act shall apply. S. 4. 1812004

S. 6(b).

(2) The provisions of the First Schedule shall have effect
with respect to the constitution and operation of the Authority
and otherwise in relation thereto.

6A.+1) It shall be the duty of the Authority- Functions of
Authority.

(a) to provide air navigation services including- 3711995
S. 4.

(i) air traffic services;

(ii) aeronautical information services;

(iii) aeronautical search and rescue services;

(iv) aeronautical telecommunication services; and

(v) aeronautical meteorology services;

(b) to provide aviation safety and security oversight by- 1812004.
S. 7(al .,

[The inclusion of this page is authorized by L.N. 1 1 1120051

(i) registration and certification of aircraft;

(ii) licensing and certification of personnel;

(iii) registration and certification of aerodromes;

(iv) developing, publishing and distributing
aviation safety standards;

(v) aircraft accident investigation;
(3

(vi) certification and operational safety sur-
veillance and assessment of commercial
flight operations,

(vii) operational oversight of air transport; and

(viii) ensuring that owners and operators of aircraft,
aerodromes and other aviation facilities
develop, publish and implement regulations,
practices and procedures to safeguard civil
aviation against acts of unlawful interference;

(c) to provide economic regulation of air transport
including-

(i) the grant of air service licences and permits;
and

(ii) subject to the provisions of the Airports
~ u t h b r i t ~ Act, the regulation of airport
charges;

(6) to advise the Minister on matters relating to the
operation of this Act and, without prejudice to the
generality of the foregoink, to advise the Minister
on matters for which regulations may be made 0
under section 3 or 8;

(e) [Deleted by Act 18 of 2003.1

(f) to promote the development of air transport in-
cluding the establishment of training facilities for
that purpose.

[The inclusion o f this page is authorized by L.N. 1 l1/2005]

CIVIL AVIATION

(2) For the purpose of discharging its functions
under this Act, the Authority may, subject to the provisions
of this Act and any regulations made hereunder, do anything
and enter into any transaction which, in the opinion of the
Authority, is necessary to ensure the performance of its

7 functions and, without prejudice to the generality of the
- foregoing, may impose charges for the use of any facility or

service provided by the Authority.

6B.-41) Without prejudice to subsection (2), the Minister Minister's
directions in may give to the Authority such directions of a general nationa~in.

character as to the performance of its functions as he thinks F;;gdb;tc.
appropriate. s. 4.

(2) The Minister may give the Authority directions
to do a particular thing or refrain from doing a particular
thing if the Minister considers it appropriate to give such
directions-

(a) in the interests of national security;

(b) in connection with any matter appearing to him
to affect the relations of Jamaica with another
country or territory;

(c) in order to discharge or facilitate the discharge of
an obligation binding on Jamaica by virtue of it
being a member of an international organization
or a party to an international agreement;

(d) in order to attain or facilitate the attainment of any
other object the attainment of which is, in his
opinion, appropriate in view of the fact that
Jamaica is a member of an international organiza-
tion or a party to an international agreement;

(e) in order to enable Jamaica to become a member
of an international organization or a party to an
international agreement;

[The inclusion of this page is authorized by L.N. 11 1/2005]

Appoinltncnt
orDirsdor-
Gcnzral of
Ci\.il Aviation
and other
ulEcsrs and
~ m p l o ~ c c s .
37 1995
S. 4.

CIVIL A VIA TION

V) in order to prevent or deal with noise, vibration,
pollution or other disturbance attributable to aircraft
used for the purpose of civil aviation.

6C.-(1) There shall be a Director-General of Civil Aviation
who shall be appointed by the Minister.

(2) The Director-General of Civil Aviation shall be 0
responsible for the day-to-day management and operation of the
Authority.

(3) The Authority may appoint and employ at such
remuneration and on such terms and conditions as it thinks
fit, such officers, other employees and agents as it thinks
necessary for the proper carrying out of the provisions of
this Act:

Provided that, except with the prior approval of the
Minister-

(a) no salary in excess of the prescribed rate shall be
assigned to any post;

(h) no appointment shall be made to any post to which
a salary in excess of the prescribed rate is assigned.

(4) The prescribed rate means $500,000 or such
higher rate as may be approved by order of the Minister.

(5) The Governor-General may, subject to such
conditions as he may impose, approve the appointment of
any officer in the service of the Government to any ofice
with the Authority and any officer so appointed shall, while
so employed, in relation to any pension, gratuity or other
allowance, and in relation to other rights as a public officer,

0
be treated as continuing in the service of the Government.

(6) It shall be lawhl for the Authority, with the
approval of the Minister-

(a) to enter into arrangements respecting schemes
whether by way of insurance policies or not; or

[The inclusion of this page is authorized by L.N. 1 1 1/2005]

CIWL A WATION 12.13

(b) to make regulations,

for pensions, gratuities and other retiring or disability or
death benefits relating to members and employees of the
Authority and such arrangements or regulations may in-
clude provisions for the grant of benefits to the dependants
and legal personal representatives of such members or
employees.

6D. The finds and resources of the Authority shall con- Fund"md
resources of

sist of- the
Authority.

(a) such sums as may be provided by Parliament for the 3711995
Authority in the Estimates of Revenue and S . 4 .
Expenditure;

(b) such sums as may be allocated fiom time to time
to the Authority from loan finds;

(c) moneys earned or arising fiom any property, in-
vestments, mortgages and debentures acquired by
or vested in the Authority;

(d) any property, mortgages, debentures, or investments
acquired by or vested in the Authority;

(e) sums borrowed by the Authority for the purpose of
meeting any of its obligations or discharging any of its
functions;

V) revenues fiom charges imposed by the Authority for
use of any facility or services provided by it;

(g) all other sums or property which may in any manner
become payable to or vested in the Authority in
respect of any matter incidental to its powers and
duties. *

6E.-(1) Subject to the provisions of subsection (2), the Bmowing
powers.

Authority may borrow sums required by it for meeting any 3711995
of its obligations or discharging any of its functions. s. 4.

[The inclusion of this page is authorized by L.N. 1 1 1120051

CIVIL AVIATION

(2) The power of the Authority to borrow shall be
exercisable only with the approval of the Minister responsible
for finance, as to the amount, as to the sources of borrowing
and as to the terms on which borrowing may be effected.

(3) An approval given in any respect for the pur-
poses of this section may be either general or limited to a
particular borrowing or otherwise, and may be either un-
conditional or subject to conditions.

0

.Advancesand 6F.--(I) The Minister may from time to time make
grants to
Authority.and advances and grants to the Authority, out of sums placed
guaranteeof upon the Estimates of the Island for the purpose and
repayment of
sums bw- approved by the House of Representatives.
rowed.
3711995 (2) With the approval of the House of Representatives,
S . 4 the Minister responsible for finance may "guarantee, in such

manner and on such conditions as he may think fit, the payment
of the principal and of interest on any authorized borrowings of
the Authority made otherwise than by way of advance under
subsection (1).

(3) Where the Minister responsible for finance is
satisfied that there has been default in the repayment of any
principal moneys or interest guaranteed under the provisions of
this section, he shall direct the repayment out of the Con-
solidated Fund of the amount in respect of which there has been
such default.

Repayment OF,
and interest
on, advances
and sums
issued to meet
guarantees.
3711995
S. 4.

6G. The Authority shall make to the Accountant-General, at
such times and in such manner as the Minister responsible for
finance may direct, payments of such amounts as may be so
directed in or towards repayment of advances made to the
Authority under section 6F, and of any sums issued in fblfi lme~

0
of any guarantee given thereunder, and payments of interest on
what is outstanding for the time being in respect of such
advances and of any sum so issued at such rate as the Minister
aforesaid may direct, and different rates of interest may be
directed as respects different advances or sums and as respects
interest for different periods.

[The inclusion of this page is authorized by L.N. 11 1/2005]

CIVIL A VIA TZON 12.15

6H.-(1) The Authority shall establish a reserve fimd. R L ~ S Z T Y ~
hnd .
37'1995 (2) The management of the said fund, the sums to be ,, ,

carried from time to time to the credit thereof: and the
application thereof, shall be as the Authority may determine:

Provided that-
no part of the said hnd shall be applied otherwise
than for the purposes of the Authority; and
the power of the Minister to give directions to the
Authority shall extend to the giving of directions
as to any matter relating to the establishment or
management of the said hnd, the carrying of
amounts to the credit thereof, or the application
thereof, notwithstanding that the directions may
be of a specific character.

61.-(1) It shall be the duty of the Authority so to conduct its "enma'
iinanc~al

affairs as to secure that its revenue (including any grant t0w:u-d~ duties.
revenue made to it in pursuance of section 6F) is not less than ),7&1995
sufficient to meet charges properly chargeable to revenue
account, taking one year with another.

(2) Monies standing to the credit of the Authority may
from time to time be invested in securities approved either
generally or specifically by the Minister; and the Authority may,
from time to time, with the like approval, sell all or any of such
securities.

6J.-41) The Authority shall keep accounts and other records 2::';:
in relation to its business, and shall prepare annually a statement 3711995
of account in a form satisfactory to the Minister, being a form S.4.
which shall conform with established accounting principles.

(2) The accounts of the Authority shall be audited
annually by auditors appointed by the Authority and
approved by the Minister.

(3) The Auditor General shall be entitled at all times
to examine the accounts of the Authority.

[The inclusion of this page is authorized by L.N. 11 112005J

12.16

Annual reporl
and estimates
37'1995
S. 4.

Exemption
from customs
duty, etc.
3711995
S. 4.

Exemption
from income , tax, stamp
duties and
transfer tax.
3711995
S. 4.

CIVIL A VIA TION

6K.-(1) The Authority shall, within three months after
the end of each financial year, or within such longer period
as the Minister may in special circumstances allow, cause to be
made, and transmit to the Minister, a repoft dealing generally
with the activities of the Authority during the preceding
financial year. 0

(2) The Minister shall cause copies of the report
together with copies of the statements of accounts and the
auditor's report thereon to be laid on the Table of the
House of Representatives and of the Senate.

(3) The Authority shall, before a date specified by
the Minister, submit to the Minister for his approval,
estimates of revenue and expenditure for the ensuing
financial year.

6L. No customs duty, general consumption tax or other
similar impost shall be payable upon any article imported
into Jamaica, taken out of bond in Jamaica, or purchased
in Jamaica, by the Authority and shown to the satisfaction
of the Commissioner of Customs to be required for the use
of the Authority in the performance of its functions under
this Act.

6M.-(1) The income of the Authority shall be exempt from
income tax.

(2) The Authority shall be exempt from stamp duty on 0
all instruments executed by it or on its behalf.

(3) There shall be exempt from taxation under the
Transfer Tax Act any transfer by the Authority of property
belonging to it or of any right or interest created in, over
or otherwise with respect to any such property.

[The inclusion of this page is authorized by L.N. 1 1 1120051

7.-(1) It shall be the fbnction of the Authority to deal with &r
transport

applications for air transport licences or permits in accordance I,c,,c,,,
with the regulations in that behalf made by the Minister under 37 IYY5

S 5(a)
section 8 and to approve the tariffs to be charged for the 1s1zoo4
transportation by air of passengers and cargo. s 8(a)

-
\

(2) The Authority in considering applications for air i7ti7
transport licences and permits shall have regard to any matter 18,2004
which may be prescribed under section 8 and to the Following S. 8(b)(i).
matters-

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

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

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

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

(v) whether the applicant will be able to provide a
satisfactory service in respect of safety, continuity,
regularity of operation, frequency, punctuality,
reasonableness of charges and general efficiency;

(vi) 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
operation of aircraft on air transport services by any
person (including the applicant) who is the holder of
any air transport licence or permit already granted; 1812004

S. 8 (bxii).

[The inclusion of this page is authorized by L.N. 11 1/2005]

(vii) the type of aircrafl to be used;

(viii) any unfair advantage of the applicant over other
operators by reason of the terms and conditions of
employment of his servants;

0
(ix) any objections or representations duly made in

accordance with any relevant regulations under this
Act:

Provided that the Authority shall not be required to
consider any objection or representation which in their
view is frivolous or vexatious.

(3) The Minister and the Authority shall fiom time to
time consult together with regard to relations with other
countries or territories affecting the exercise of the Au-
thority's functions; and if in the case of an application for an air
service licence the Minister is of the opinion that any air
transport service proposed in the application would involve
negotiations with the Government of some other country or
territory of rights which it would be inexpedient for the time
being to seek, the Authority shall forthwith suspend the hearing
of or refuse that application so far as it relates to that service.

(4) Except with the consent of the Minister, which
may be granted either generally or in respect of a particular
case or class of cases, the Authority shall not grant an air
transport licence or permit to any person who is not either-

(a) a citizen of Jamaica; or

[The inclusion of this page is authorized by L.N. 1 1 112005]

C M L A WA TION

(b ) a body incorporated in Jamaica, being a body
which in the opinion of the Authority is substan- 3711995
tially controlled by persons who are citizens of S.s(a).
Jamaica.

(5) Where negotiations are concluded between the
Government of Jamaica and the Government of another
country for an air services agreement, the Authority in con- 3711995
sidering an application by a designated airline of' that other S.5(a).
country under that agreement for an air transport licence or i 8 m o 4
permit shall have regard to whether that airline is fit, willing and S . 8(d).
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 pres-
cribed under section 8.

(6) The Authority may, with the approval of the Min- 3711995
ister, by order delegate any of its hnctions to any member S. 5(a).

or officer of the Authority or any public officer specified in
the order and thereupon, or from such date as may be speci-
fied in the order, the person so specified shall have power
to perform such hnctions.

(7) A delegation under subsection (6) shall be
revocable by the Authority with the approval of the Minister 3711995

S. 5(a).
by order, and no delegation shall prevent the performance
of any hnction by the Authority.

8.-(1) The Minister may make regulations- Licensing air transport of
under-
takings.

(a) to secure that aircraft shall not be used in Jamaica
by any person-

[The inclusion of this page is authorized by L.N. 1 1 1120051

CIWL A WA TION

(i) for plying, 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 pres-

0
cribed,

except under the authority of and in accordance with a
licence or permit granted to him by the Authority;

(b) as to the circumstances in which a licence or permit
may or shall be granted, rehsed, revoked or
suspended and, subject to subsection (2) of section 7,
as to any matter to which the Authority is to have
regard in deciding whether to grant or rehse a licence
or permit;

(c) as to appeals (if any) from the Authority by persons
interested in the grant, rehsal, revocation or sus-
pension of a licence or permit;

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

(e) as to the information to be hrnished by an appli-
cant for, or the holder of, a licence or permit to the
Authority;

V) prescribing the fees to be paid in respect of the grant of
a licence or permit;

(g) exempting from the provisions of the regulations, 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,

[The inclusion of this page is authorized by L.N. 111/2005]

CIP7L A VIA TION 13

and such regulations may make different provision as respects lanoo4
different classes of aircraft and different classes of liicences or S. 9(b),
permits.

(2) Regulations made under this section may provide
for the imposition of penalties for offences against the - regulations not exceeding-

(a) in the case of a first offence against any particular
provision, a fine of one hundred thousand dollars or 3711995

S. 5(c) (i). imprisonment for a term of six months; and

(h) in the case of a second or subsequent offence against
the same provision, a fine of five hundred thousand 374995

S. 5(c) (ii).
dollars or imprisonment for a term of two years, or
both such fine and imprisonment.

(3) Regulations made under paragraph (g) of subsection
(1) shall be subject to negative resolution.

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

9.-(1) The Minister may make regulations- Information
as to air

(a) requiring any person who carries on the business of :ny,P,PO*
carrying passengers or goods in aircraft for hire or takings.
reward, on such journeys or classes of journeys
(whether beginning and ending at the same point or at
different points) as may be prescribed, to furinish to the
prescribed authorities such information relating to the
use of aircraft 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

[The inclusion of this page is authorized by L.N. 11 1/2005]

14

3711995
S. 6(a).
1812004
s. 10.

3711995
S. 6(b).

Powers of
inspection
1812004
s. 11.

CIVIL A VIATION

imposition of penalties for offences against the regula-
tions, not exceeding a fine of ten thousand dollars and a
further fine of two thousand dollars for every day on which
the offence continues after conviction thereof

(3) No information with respect to any particular
undertaking which has been obtained by virtue of regula-
tions under this section shall, without the consent of the

0
person carrying on that undertaking, be disclosed otherwise
than in connection with the execution of the regulations;
and if any person discloses any such information in con-
travention of this subsection he shall be liable on conviction
to imprisonment for a term not exceeding one year or to a
fine not exceeding twenty-five thousand dollars or both.

(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 regulations made under this section or for the purposes of any
report of such proceedings; but save as aforesaid that subsection
shall, in relation to any legal proceedings (including
arbitrations) 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.

9A.-41) Without prejudice to the provisions of section 6 4
the Director-General may appoint any person to be an Inspector
for the purposes of this Act. n

iJ
(2) An Inspector may inspect any aircraft whether in-

flight or not, and require the production of any aviation
document required pursuant to any provision of this Act or any
regulations made hereunder to be kept in relation to the
operation of the aircraft.

(3) Where in the course of an inspection, the

[The inclusion of this page is authorized by L.N. 11 1120051

Inspector has reason to believe that-
(a) any provision of this Act or any regulations made

hereunder are not being complied with; or

(b) there is an immediate threat to aviation safety or the
likelihood of such threat occurring as a result of an act
or thing that has been, is being or is proposed to be
done,

the Authority may act in accordance with subsection (4).

(4) The Authority may suspend the relevant aviation
document and may-

(a) direct the operator of the aircraft concerned not to
permit the aircraft to conduct a flight; and

(b) take the necessary steps to detain the aircraft until the
operator has complied with such conditions as may be
specified in the direction.

9B. An Inspector shall have the right of access at all ~ i g h t of
reasonable times- access to aerodrome

(a) to any aerodrome for the purpose of- and other place.
18/2004

(i) inspecting the aerodrome; or S. 11.

(ii) inspecting any aircraft on the aerodrome or
any document which he has the power to
demand under the provisions of this Act or any
regulations made hereunder; or

(iii) detaining any aircraft under such provisions; or

(b) to any place where an aircraft has landed for the
purpose of inspecting the aircraft or for any of the
purposes specified in paragraph (a) (ii) and (iii).

PART IIL Aerodromes and other Landi

10.-41) The Minister may-

(a) establish and maintain aerodromes;

Power of
Minister to
provide
aerodromes.

[The inclusion of this page is authorized by L.N. 1 11/2005:1

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

(c) provide and maintain facilities and equipment for
the purpose of promoting the safety of air naviga-
tion including, but without prejudice to the general-
ity of the foregoing, visual and non-visual naviga-
tion aids, visual and non-visual approach and

0
landing aids, communications services, meteoro-
logical services and air traffic control services;

(d) alter, abolish, remove or add to r p aerodrome,
road, approach, apparatus, equipment, building,
accommodation or facilities established or pro-
vided by him;

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

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

(g) determine the conditions of use of any facilities or
equipment provided by him for the purpose of
promoting the safety of air navigation;

(h) grant leases, sub-leases or licences in respect of land or
buildings within an aerodrome established by him on
such terms and conditions, and subject to the payment
of such rent or other consideration as he thinks fit; n

(i) exercise any power or remedy in respect of any such Id
lease, sub-lease or licence.

(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-

(a) the purposes of paragraphs (a), (b), (c) and (d) of
subsection (1); and

[The inclusion of this page is authorized by L.N. 1 1 1/2005]

CIVIL A VIA TION

(b) the purposes of ensuring that land in the vicinity
of the site of an aerodrome which the Minister
has established or is about to establish shall not
be used in such a manner as to cause interference
with, or danger or damage to, aircraft, approach-
ing or leaving the aerodrome.

(3) An aerodrome established by the Minister pursuant to t7!1984
this section shall not be used under any conditions other than S. 6 .

such conditions of use as may be determined by the Minister in
respect of that aerodrome pursuant to subsection (l)(j).

(4) Any person who uses or permits the use of any such k72,984
aerodrome otherwise than in accordance with the conditions of
use referred to in subsection (3), shall be guilty of an offence
and shall be liable on conviction to a fine not exceeding one 1812004
million dollars or to imprisonment for a term ncd exceeding one y8:ko4
year or to both such fine and imprisonment. s. 12.

11.-(1) The Minister may, if he is satisiiecl that it is powerto
control necessary so to do in order to secure the safe and e:fficient use lmd.

for civil aviation purposes of any land, structure, works or 3611974
apparatus vested in him or in any other person or which he S. 24.

proposes to acquire or install, by order 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,
pursuant to any general or special authority given by the order,
give directions-

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

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

[The inclusion of this page is authorized by L.N. 1 1 1120051

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

(4 for restricting the installation of cables, mains, pipes,
wires or other apparatus upon, across, over or under
any land within the area;

(e) for extinguishing, at the expiration of such period as
may be specified in the directions, any subsisting right
of installing or maintaining any such apparatus as

0
aforesaid upon, across, over or under any land within
the area; and

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

(3) An order under this section may contain such
consequential, incidental and supplemental provisions as appear
to the Minister to be necessary or expedient for the purposes of
the order including in particular provisions for empowering any
person authorized 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 directions given under the order any
building, structure, tree, vegetation or apparatus which
contravenes those requirements.

(4) An order under this section shall be subject to
affirmative resolution and the provisions of the Second

Second Schedule shall have effect with respect to directions given
Schedule. under such an order.

(5) The Minister shall give notice of any direction
given pursuant to 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 each person appearing to him to be the owner or occupier

0
of any land to which the direction relates.

(6) A person who obstructs any other person in the
exercise of any powers conferred upon that other person by
virtue of subsection (3) shall be guilty of an offence and liable

3711995 on conviction to imprisonment for a term not exceeding six
S. 7.

[The inclusion of this page is authorized by L.N. 1 1 112005]

months or a fine not exceeding five hundred thousand dollars or
both.

(7) 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

- requirement which might have been imposed under this
- section in relation to the land.

12.-(1) If the Minister is satisfied, with respect to any Obstruc-
building, structure or erection in the vicinity of an aerodrome to ~ ~ ~ d ~ ~ ~ e s ,
which this section applies that in order to avoid danger to air-
craft flying in that vicinity in darkness or conditions of poor
visibility, provision 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 authorize
(subject to any conditions specified in the order) the proprietor
of the aerodrome, and any person acting under the proprietor's
instructions-

(a) to execute, install, maintain, operate, and as occasion
requires to repair and alter, such works and
apparatus as may be necessary for enabling such
warning 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 relation to any
L

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
aforesaid of the presence of the building, structure or erection.

(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 p:roposal to
make the order and of the place where copies of the draft order

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CI I.71, A VIA TION

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 by any
person appearing to him to have an interest in any land which
would be affected by the order; and at the end of the period the
order may, subject to the provisions of this section, be made
with such modifications (if any) of the original draft as the
Minister thinks proper.

0

(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 pro-
prietor 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 man-
ner 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
intimation of objection on the part of that person
to the proposals contained in the notice, being an
intimation which specifies 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 L
notice without the specific sanction of the Minister,

3

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

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CIVIL A VIA TION

suffer in consequence of the order as may, in default of
agreement, 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
pursuance of such an order, and so much of any expense

- , incurred in connection with the repair, alteration, demolition 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, lor affixed
to, any land pursuant to 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 shad, except
with the consent of the proprietor of the aerodrome, wilfully
interfere with any works or things which, to the k:nowledge
of that person, are works or things executed or placed, in,
on or over any land in pursuance of the order.

If any person contravenes the foregoing provisioins of this
subsection, he shall be liable, on conviction, to a, fine not
exceeding two hundred thousand dollars or to imprisonment for 1812004
a term not exceeding six months or to both; and every person " l'".
who wilfully obstructs a person in the exercise of any of the
powers conferred by such an order as aforesaid shall be liable,
on conviction, to a fine not exceeding one hundred thousand 1812004
dollars. S. 13.

-, (5) 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 to the proprietor of the aerodrome; and

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CIWL A WA TION

Power to
neutralizz
airstrips and
potential
airstrips.
1711984
S. 7.
3711 995
S. 8.

Power tu
stop up and
divert high-
ways.

(b) 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.

(6) In this section-

"aerodrome to which this section applies" means any
aerodrome licensed pursuant to regulations made under
section 3;

"proprietor of the aerodrome" means, in relation to any
premises used or appropriated fLr use as an aerodrome,
the person carrying on or entitled to carry on the
business of an aerodrome in those premises.

12A.-(1) Where it appears to the Minister that any land or
any area of water owned by the Government or under the
control of Government or of any of its agencies is intended or
likely to be used for the purposes of the unlawhl landing or
unlawful take-off of aircraft, he may, after consultation with the
Director-General of Civil Aviation, and the Commissioner of
Police, take such steps as are considered appropriate to ensure
that such land or area of water cannot be used for such purposes.

(2) Any person who obstructs or hinders any other
person in the exercise of any powers conferred upon that person
by virtue of subsection (1) shall be guilty of an offence and shall
be liable on conviction to a fine not exceeding five hundred
thousand dollars or to imprisonment for a term not exceeding
eighteen months, or to both such fine and imprisonment.

13.-(1) The Minister may, if he is satisfied that it is
necessary so to do in order to secure the safe and efficient use
for purposes of civil aviation of any premises used with the
approval of the Minister for the testing of aircraft or any
aerodrome, by order authorize the stopping up or diversion of
any highway.

(2) An order under subsection (1) may provide for all

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CIHL A HATION

or any of the following matters, that is to say-
(a) for securing the provision or improvement of any

highway so far as the Minister thinks such provision
or improvement necessary or desirable in consequence
of any such stopping up or diversion as aforesaid;

( b ) for the retention or removal of any cables, mains,
pipes, wires, or similar apparatus placed along,
across, over or under any highway 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 highway is to be provided or improved under
the order, for authorizing or requiring the provision
of any such apparatus as aforesaid along, across, over
or under that highway, in lieu of any apparatus
rem~ved from a highway pursuant to the order, and
for conferring rights as to the use or maintenance of
apparatus so provided.

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

(4) N~tice of any order proposed to be made under sub-
section (1) shall be-

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

(b) sent ta every local authority in whose area any high-
way to be stopped up or diverted under thle order or
any highway to be provided or improved under the
order is situated; and

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

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CI VII, A VIA TION
Second
Schedule

Trespassing
011 aero-
dromes.
174984
S. 8.

Liability in
respect 01'
nuisance,
trespass and
surface
damage
itom
aircraft.

( 5 ) The provisions of Part I1 of the Second Schedule
shall, with the necessary modifications, have effect in relation to
crders under this section as they have effect in relation to
directions under section 1 1 .

14. If any person trespasses on any land forming part of an
aerodrome established by the Minister under section 10 or under
his control or licensed pursuant to regulations under section 3 or

0
causes any animal to trespass on such land, he shall be guilty of
an offence and shall be liable on conviction to a fine not
exceeding two hundred thousand dollars.

PART IV. Liabiliy $or Damage, etc., Caused by Aircrajl

15 . - (1) No action shall lie in respect of trespass or nuisance
by reason only of the flight of an aircraft over any property at a
height above the ground which is reasonable having regard to
wind, weather and all the circumstances of the case, or the
ordinary incidents of such flight so long as the provisions of Part
I1 and of this Part and any regulations made under Part I1 or this
Part are duly complied with.

(2) Where material 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: 0

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

(a ) damages are recoverable in respect of the loss or
damage by virtue only of the foregoing provisions of
this subsection; and

(6) a legal liability is created in some person other than

[The inclusion of this page is authorized by L.N. 1 1 1/2005]

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 honafide demised, let or
hired out for any period exceeding fourteen days to any other
person by the owner of the aircraft and no pilot, commander 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.

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

caused by aircraft on aerodromes and such regula,tions may vrbration
on provide that subsection (2) of this section shall aplply to any ,ero,o,,s,

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 1812004
Installations Against Acts of Violence and Unlawful 16.

Interference
16A. In this Part-

Interpreta-
"air navigation installationyy means any building, facility, tionof

works, apparatus, equipment or place used wholly or Pa"V.
mainly for the purpose of assisting air traffic; control or
as an aid to air navigation, together with1 any land
contiguous or adjacent to any such building or: facility;

"aviation security guard means a person who is-

(a) trained in accordance with the provisions of the
relevant regulations made hereunder; and

[The inclusion of this page is authorized by L.N. 1 1 1/200:5]

(h) appointed as an aviation security guard,

Application
of Part 1'.

Declaration
of restricted
areas.

Boarding
aircrafl with
firearm,
explosive.
etc.

Search of
persons,
baggage, ctc.

including any Constable who is assigned airport security duties.

16B. This Part applies to the protection, against acts of
violence and unlawful interference, of aircraft and of persons or
property on board aircraft in airports or any part of an airport
and in air navigation installations that do not form part of an 3
airport.

16C. The Minister may, for security reasons, by notice
published in the Gazette, declare any part of an airport or any air
navigation installation or any part of such installation to be a
restricted area for the purposes of this Part.

16D. A person who, without lawful authority or excuse, takes
or attempts to take on board any aircraft-

(a) a firearm;

(6) any explosive or other injurious substh,lce or
incendiary device of any kind whatsoever that could
be used to endanger the safety of the aircraft or of
persons on board the aircraft,

shall be liable on conviction on indictment to a fine not
exceeding three million dollars or to imprisonment for a term
not exceeding three years or to both such fine and im-
prisonment.

16E.-(1) An aviation security guard may search any person
and his baggage, with the consent of the person before such
person boards any aircraft for the purpose of being carried by air
from any place in Jamaica to any other place whether in Jamaica

0
or elsewhere.

(2) If a person declines to allow himself or his baggage
to be searched under subsection (1) he shall not be allowed to
board the aircraft.

(3) An air carrier shall not be liable to any civil
proceedings, other than a proceeding in respect of any right that

[The inclusion of this page is authorized by L.N. 1 1 1/2005]

any person may have for the recovery of the fare or any part
thereof, by reason of the fact that such person was not allowed
to board an aircraft of the carrier after he had declined to allow
himself or his baggage to be searched.

PART VI. MisceZZaneozrs

17.-(1) Any services rendered in assisting, or in saving life *pplicatlon
to aircrafl

from, or in saving the cargo or apparel of, an aircraft in, on or oi.lawoF
over the sea or any tidal water, or on or over the shores of the wreckand

salvage.
sea or any 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.

The foregoing provisions of this subsection shall have effect
notwithstanding that the aircraft concerned is a foreign aircrafi,
and notwithstanding that the services in question are rendered
elsewhere than within the limits of the territorial waters of
Jamaica.

(2) The Minister may by order direct that any provisions
of any enactment which relate to wreck, the salvage of life or
property or to 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.

(3) For the purposes of this section, any provisions of
any enactment which relate to vessels laid by or neglected as
unfit for sea service shall be deemed to be provisions relating to
wreck.

Exemption

18.-(1) Any lawful entry into Jamaica or any lawful transit zFoz
across Jamaica, with or without landings, of an aircraft to which seizure on
this section applies shall not entitle any seizure or detention of :i?&
the aircraft or any proceedings being brought against the owner

[The inclusion of this page i s authorized by L.N. 1 1 1/2005]

or operator thereof or any other interference therewith by or on
behalf of any person in Jamaica on the ground that there is an
infringement of any patent, design or model by the construction,
mechanism, parts, accessories or operation of the aircraft.

(2) The importation into and storage in Jamaica 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 0
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 behair of any person in
Jamaica on the ground that there is an infringement of any
patent, design or model by the spare parts or spare equipment or
their installation:

Provided that this subsection shall not apply in relation to any
spare parts or spare equipment sold or distributed in Jamaica.

(3) This section applies-

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

(b) to 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 this section
applies and which is making a passage through or over Jamaica
infringes in itself or part of it any invention, design or model
which is entitled to protection in Jamaica, it shall be lawfbl,

0
subject to and in accordance with rules of court, to detain the
aircraft until the owner of it deposits or secures in respect of the
alleged infringement a sum (hereafter in this section referred to
as "the deposited sum") and thereupon the aircraft shall not,
during the continuance or in the course of the passage, be
subject to any lien, arrest, detention or prohibition, whether
by order of a court or otherwise, on account of the alleged

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CIVIL AI.7Al'lON

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 him in such - \ manner as may be approved by him. .

(6) The deposited sum shall be dealt with by the Appeal
Tribunal and in accordance with such procedure as may be
prescribed by the rules of the Tribunal.

(7) For the purposes of subsection (4), the expression
"owner" means the actual owner of the aircraft and includes
any person claiming through or under him, and the expression
"passage" includes all reasonable landings and stoppages in the
course or for the purpose of the passage.

PART VII. Genera,!

19. Sections 3, 4, 5, 8, 9, 12, 17 and 18 shall not apply to
state aircraft:

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

19A.-(1) A person commits an offence if that person-

(a) wilfully obstructs or impedes. any person acting in
exercise of his powers or the performance of his duties
under this Act;

(h) operates an aircraft without being the holder of any
aviation document required to be held under this Act;

(c) operates an aircraft in such a negligent or reckless
manner as to endanger or to be likely to endanger
persons or property or causes an aircraft to be so
operated;

(6) wilfblly destroys any aviation document required to

18;ZOOJ
S. 17(b).

Application
of Act to
the State.

Offences.
1812004
S. 18(b).

[The inclusion of this page is authorized by L.N. 1 1 1/2005]

CZT'irL A I?A TZON

be kept under this Act;
(e) endangers the safety of an aircraft by interference with

its navigation equipment, safety equipment or with
aerodrome safety service facilities; or

V) operates as a crew member of an aircraft when under
the influence of drink or drugs to such an extent as to
impair his capacity to so act. 0

(2) A person commits an offence who-

with intent to deceive-

(0

(ii)

uses any aviation document which has been
forged, altered, revoked, or suspended, or to
which he is not entitled; or

lends to any other person any aviation document
issued to him, or having effect or required by or
under this Act, or allows it to be used by, any
other person; or

(iii) makes any false representation for the purpose
of procuring for himself or any other person the
grant, issue, renewal or variation of any
aviation document,

and in this paragraph a reference to an aviation
document includes a copy or purported copy thereof;

intentionally damages, alters or renders illegible any
log book or other record required by or under this Act
to be maintained or any entry made therein;

/?
knowingly makes, or procures or assists in the making L,
of, any false entry in or material omission from any
such log book or record;

wilhlly destroys any such log book or record during
the period for which it is required to be preserved;

knowingly makes in a load sheet any entry which is
incorrect in any material particular, or any material
omission from such a load sheet; or

[The inclusion of this page is authorized by L.N. 1 1 1/2005]

V) purports to issue any certificate for the purposes of this
Act or any regulations made hereunder when he is not
authorized to do so under this Act.

(3) A person guilty of an offence under this section is
liable-

(a) on summary conviction in a Resident Magistrate's
Court to a fine not exceeding one million dollars or to
imprisonment for a term not exceeding one year;

(b) on conviction on indictment in a Circuit Court to-

(i) a fine not exceeding five million dollars; or

(ii) imprisonment for a term not exceeding five
years.

20.-(1) Any offence against this Act or against regulations Offences.
made under this Act may be tried summarily before a Resident
Magistrate and for the purpose of conferring jurisdiction shall be
deemed to have been committed in any place where the offender
may for the time being be.

(2) Any offence whatever committed on a Jamaican
aircraft shall, for the purpose of conferring jurisdiction be
deemed to have been committed in any place where the offender
may for the time being be.

20A.-(1) Where the Authority believes that any person has PrOvi"Ons
for dis-

contravened such provision of regulations made hereunder as ,hrge .f
the Minister may specify by order, the Authority may give that
person the prescribed notice in writing offering the opportunity S. 19.
of the discharge of liability to conviction for that contravention

-, by payment to the Authority, in the manner specified in the
- notice, of the prescribed pecuniary penalty applicable.

(2) No person shall be liable to be convicted of any
offence referred to in subsection (1) if the penalty is paid in
accordance with this section before the expiration of the
prescribed period which shall be specified in the notice referred
to in subsection (1) and shall be a date not less than twenty-one
days following the issue of the notice.

[The inclusion of this page is authorized by L.N. 11 1/2005]

( 3 ) Where any person pays the penalty in accordance
with subsection ( I ), the Authority shall accept that amount as
and in complete satisfaction of any liability to conviction.

(4) Payment of a pecuniary penalty under this section
shall be made to the Authority which shall cause it to be paid
into the Consolidated Fund.

(5) In any proceedings a certificate that payment of the
0

penalty was or was not made to the Authority by a date specified
in the certiticate shall, if the certificate purports to be signed by
the Authority, be sufficient evidence of the facts stated, unless
the contrary is proved.

(6) A notice under subsection ( I ) shall--

((2) specify the ot'fence alleged;

( h ) give such particulars of the ot'fence as are necessary
for giving reasonable information of the allegation;
and

(c) state the period during which, by virtue of subsection
(2) , proceedings will not be taken for the offence, the
amount of the penalty, and the address at which the
penalty may be paid.

(7) In any proceedings for an offence to which
subsection ( I ) applies, no reference shall be made after the
conviction of the accused to the giving of any notice under this
section or to the payment or non-payment of a penalty
thereunder unless, in the course of the proceedings or in some
document which is before the court in connection with the
proceedings, reference has been made by or on behalf of the
accused to the giving of such a notice or, as the case may be, to

0
such a payment or non-payment.

(8) The Minister may by regulations make provision as
to any matter incidental to the operation of this section, and in
particular-

[The inclusion of this page is authorized by L.N. 11 1/2005]

( ( I ) prescribing the fbrni of' notice under subsection ( I ) ,
and the place at which a pecuniary penalty is payable,
and

( h ) prescribing the duties of' the Authority and the
infixmation to be supplied to i t .

20H 'I'he Minister may by order subject to atlirmative .\~llelldlll~llt
0 1 ~L.IIBIIIL.\

resolution anlend any penalty provided under this Act I x~ 2004
S I!,

21 Any regulations or order made by the Minister under this I ) ~ t ~ n t l o r l ( l f
c t~rcrdl l

Act in relation to aircraft may for the purposes of securing
compliance with the regulations or order include provision for
the detention of any such aircraft and such further provision as
appears to the Minister to be necessary or expedient for securing
such detention

22. -------(I) Any notice or order required to be served on any Notices
person for the purposes of this Act, or of any of the regulations
made thereunder, may be served on him either by delivering it to
him, or by leaving it at his last known address, or by sending it
by registered post addressed to his last known address.

(2) Any such notice required to be served upon an in-
corporated company or body shall be duly served if it is served
on the secretary or clerk of the company or body or left at its
registered office.

23.-(1) The Minister may by order, subject to any terms or ~ 0 . u -
conditions prescribed therein, confer, on any person specified in :Eye,
the order, authority for the certification of a document as a true 411984
copy of, or extract from, any record or document kept or issued S. 30.

by any authority or any officer thereof or by any public officer
under this Act or any regulations or orders made under this Act.

(2) In any legal proceedings whatsoever, any document
certified in accordance with an order under subsection (1) shall
be sufficient evidence of the matters appearing in such docu-
ment.

[The inclusion of this page is authorized by L.N. 1 1 112005]

(3) Any document purporting to be such a document as
is mentioned in subsection (2 ) shall be deemed to be such a
document, unless the contrary is proved.

lklogition
0 1 ' tiutulions.

24.-(1) The Minister may, by order, delegate-
17 lYX4
s. 9. ( a ) any of his functions to the Director-General of Civil
I X 2004 Aviation or such other officer of the Authority as may
S. 20. be specified in the order; or

0
(h ) any of his functions under section 16C in respect of an

airport or air navigation installation, to the owner or
operator of the airport or air navigation installation,

and thereupon or from such date as n-.,il+ be specified in the
order, the Director-General of Civil Aviation or other of'ficer or
the owner or operator, as the case may be, shall have the power
to perform such functions.

(2 ) A delegation made under subsection (1) shall be
revocable by the Minister by order and no delegation shall
prevent the performance of any function .by the Minister.

Esliihlishn~mnl
of r\ppzd~ 25.-(1) There is hereby established for the purposes of
Tribunal. hearing appeals under this section, a Civil Aviation Appeal
1% 2004
S. 21. Tribunal, and the provisions of the Fourth Schedule shall have
Fourth
Schedule.

effect with regard to the operation of the Tribunal and otherwise
in relation thereto.

(2 ) Any person aggrieved by a decision of the Authority
in relation to-

(a ) any aviation document; or

(b) the imposition of any penalty,

taken or purported to be taken under this Act or any regulations
made hereunder may appeal to the Tribunal in the prescribed
manner.

(3) Before determining an appeal the Tribunal shall give

[The inclusion of this page is authorized by L.N. 11 1/2005]

the appellant, who may be represented by an attorney-at-law or
any other person, the opportunity to be heard by the Tribunal.

(4) The Tribunal may, on an appeal under subsection
(2)-

(a) dismiss the appeal and confirm the decision of the
Authority;

(b) allow the appeal and set aside the decision of the
Authority; or

(c) allow the appeal and return the proceedings to the
Authority for a new hearing or such other action as the
Tribunal thinks fit.

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32.02

37: 1 905
S . 13.

:\ppointmont
oI'~nelnbors.

l'onure 01'
appointod
members.

Tl'cmporuy
appointments.

Chairman and
1)oputy
Chairman.

Resignation.

1. Thc Authority shell consist of--

(a) thc Director-Gcncral of Civil Aviation who sl~all bc a nicmbcr cx
otficio: and

(h) not lcss than six nor more than eight other members (hcrcinaftcr
0

rcferrcd to as appointcd members) as the Ministcr niay appoint.

2.-( 1 ) Subject to thc provisions of this Schcdulc. an appointcd ~ncnlbcr
shall hold oflice for such period not cscccding three years as may bc
spccificd in the instrumciit appointing him to that office. and shall bc cligiblc
for rcappointmcnt.

(2) Thc Ministcr may at any time revoke the appointment of any
appointcd nicmber of thc Authority.

3. Thc Ministcr may appoint any person to act temporarily in the place of
any mcmbcr of the Authority in the casc of the absence or inability to act of
such member.

4.-(1) Thc Minislcr-

(a) shall appoint onc of thc mcrnbcrs of thc Authority to be thc
Chairman thcreoc and

(h) may, on the recommendation of the Authority, appoint another
mcmbcr to bc Deputy Chairman.

(2) In the case of the absence or inability to act of the Chairman thc
Deputy Chairman (if any) shall perform the functions of the Chairman.

(3) In the casc of the absence or inability to act of the Chairman and
the Deputy Chairman (if any), the Minister may appoint another member of
the Authority to act as Chairman.

5.-(1) Any appointed member of the Authority other than the Chairman,
may at any time resign his office by instrument in writing addressed to the

0
Minister and transmitted through the Chairman, and from the date of the
receipt by the Minister of such instrument such appointed member shall cease
to be a member of the Authority.

(2) The Chairman may at any time resign his office as Chairman or
as an appointed member (if relevant) by instrument in writing addressed to
the Ministcr and such resignation shall take effect as from the date of the
receipt of such instrument by the Minister.

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(3) The Deputy Chairman (if any) may resign his office as such by
instrument in writing addressed to the Minister and such resignation
shall take effect as from the date of the receipt of such instrument by the
Minister.

6. The names of all members of the Authority as first constituted and of Publication
every change in the membership thereof shall be published in the Gazette. $pymb"

7.--(I) The seal of the Authority shall be authenticated by the signatures seal and
of the Chairman or any member of the Authority authorized to act in that document of
behalf and the secretary of the Authority. Authority.

(2) All documents, other than those required by law to be under
seal, made by, and all decisions of, the Authority may be signified under the
hand of the Chairman or any member authorized to act in that behalf qir the
secretary of the Authority. I

8.-(1) The Authority shall meet at such times as may be necessary or Procedure
expedient for the transaction of business, and such meetings shall be held at and
such places and times and on such days as the Authority shall determine. meetings.

(2) The Chairman may at any time call a special meeting of the
Authority and shall call a special meeting to be held within seven days of a
written request for that purpose addressed to him by any two members of the
Authority.

(3) The Chairman, or in the case of the absence or inability to act of
the Chairman, the Deputy Chairman, (if any) or the person appointed in
accordance with the provisions of sub-paragraph (3) of paragraph 4 shall
preside at the meetings of the Authority and when so presiding the Chairman,
Deputy Chairman or the person appointed as aforesaid, as the case may be,
shall have an original and a casting vote.

(4) The quorum of the Authority shall be four or such higher
number as the Authority shall determine.

(5) Subject to the provisions of this Schedule, the Authority may
regulate its own proceedings.

(6) The validity of any proceeding of the Authority shall not be
affected by any vacancy amongst the members thereof or by any defect in the
appointment of a member thereof.

9. There shall be paid to the Chairman and other members of the Remunera-
Authority such remuneration, if any (whether by way of salaries or travelling cmErs,
or other allowances), as the Minister may determine.

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3 4 CIVIL A VIA TION

Declaration or 10.-(1) A member who is in any way directly or indirectly interested in a
interest by
member of

contract made or proposed to be made by the Authority, or in any other
Authority matter whatsoever which falls to be considered by the Authority, shall

disclose the nature of h s interest at a meeting of the Authority and the
disclosure shall be recorded in the minutes of the meeting; and the members
shall not-

(a) in the case of a contract, take part in any deliberation or decision
of the Authority with respect to the contract; and

0
(h) in the case of any other matter, take part in any deliberation or

decision of the Authority with respect to the matter if the
Authority decides that the interest in question might affect
prejudicially the member's consideration of the matter.

(2) A notice given by a member at a meeting of the Authority to the
effect that he is a member of a specified company or firm and is to be
regarded as interested in any contract which is made after the date of the
notice with the company or firm shall, for the purposes of sub-paragraph (I),
be a sufficient disclosure of his interest in relation to any contract so made.

(3) A member need not attend in person at a meeting of the
Authority in order to make a disclosure which he is required to make under
this paragraph if he takes reasonable steps to secure that the disclosure is
made by notice which is taken into consideration and read at such a meeting.

Protectionof 11.-(1) NO action, suit, prosecution or other proceedings shall be
membmsof brought or instituted personally against any member of the Authority in
Authority. respect of any act done hona jide in pursuance or execution or intended

execution of t h s Act.

(2) Where any member of the Authority is exempt from liability by
reason only of the provisions of this paragraph the Authority shall be liable to
the extent that it would be if the said member was a servant or agent of the
Authority.

SECOND SCHEDULE (Sections 1 1, 13) 0
Provisions Relating to Directions under section I 1

1. Immediately after the Minister has given the direction, he shall publish
in one or more newspapers printed and circulating in the Island a notice
stating that the direction has been given, and shall also serve notice of the
direction-

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(a) in the case of a direction given for the purpose specified in
paragraph (c) of subsection (2) of section 11, upon every owner.
lessee and occupier of any land to which the right of way is
appurtenant, and upon every local authority in whose area any of
that land is situated;

(6) 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 authority
in whose area any of that land is situated;

(c) 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.

2. If any person aggrieved by the direction desircs to question thc validity
thereof, or of any provision contained thcrein, 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, hc may, within six weeks
from the time when notice that the dircction has bcen made is first published
in accordance with the requirements of this Act, make an application to the
Supreme 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

(6) 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 proceedings 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.

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

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C M L A WATION

to recover compensation from the Minister for the diminution.

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 thrs Schedule shall be reduced by the value to him of any
timber, apparatus or other materials removed for the purposes 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, section 14 of the Land Acquisition Act 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
persons to whom it is payable, the dispute shall be referred to and determined
by the Supreme Court.

THIRD SCHEDULE (Section 5D (2))

Rights and Privileges of Investigator-in-Charge
and Accredited Representative

1. The Investigator-in-charge shall have unhampered access to the
wreckage and all relevant material, incIuding flight recorders and ATS
records, and shall have unrestricted control over it to ensure that a detailed
examination can be made without delay by authorized personnel participating
in the investigation.

2. An accredited representative shall be entitled to appoint one or more
advisers to assist the accredited representative in the investigation.

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CZk7L A HA TZON 37

F O ~ R T H SCIIED~LE (Section 25) 18 2004
S. 22

Comtitution and Procedure of Tribunal

1.-(1) The Tribunal shall consist of not less than three nor more than Appolnt-
f k e members appointed by the Minister. being persons appearing to the of
Minister to be knowledgeable and experienced in matters relating to ci~ril members. - aviation.

L

(2) The Minister shall appoint one of the members of the Tribunal
to be the Chairman thereof.

(3) For the hearing of any appeal under h s Act. the Tribunal may
consist of one member sitting alone if the parties to the appeal agree.

2.-(1) The appointment of every member of the Tribunal shall be Tenureor
evidenced by instrument in writing and shall be for a period not exceeding ofice.
three years.

(2) Every member of the Tribunal shall be eligible for reappoint-
ment.

(3) The Minister may at any time revoke the appointment of any
member of the Tribunal.

3.-(1) Any member of the Tribunal other than the Chairman may at any Resignation.
time resign his office by instrument in writing addressed to the Minister and
transmitted through the Chairman, and from the date of the receipt by the
Minister of such instrument, such member shall cease to be a member of the
Tribunal.

(2) The Chairman may at any time resign his office by instrument in
writing addressed to the Minister and such resignation shall take effect as
from the date of receipt of such instrument by the Minister.

4. The names of the members of the Tribunal as first constituted and Publication.
every change in membership thereof shall be published in the Gazette.

5. All documents made by, and all decisions of, the Tribunal may be Authentica-

-. signified under the hand of the Chairman or any member of the Tribunal
authorized to act in that behalf.

documents.

-
6.-(1) The Tribunal shall meet at such times as may necessary or Procedure.

expedient for the transaction of business and such meetings shall be held at
such places and times and on such days as the Tribunal may determine.

(2) The Chairman or any other person appointed to act temporarily
as Chairman shall preside at meetings of the Tribunal.

(3) Subject to paragraph 1(3), a decision of the Tribunal shall be by
a majority of votes of the members and in any case in which the voting is
equal the Chairman shall have a casting vote in addition to his original vote.

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3 8

Remuneration
of members.

Protection of
members.

Disclosure of
interest.

Office of
member not a
public office.

(4) The Tribunal shall have power to regulate its own proceedings.

(5) Proper records of all proceedings of the Tribunal shall be kept.

7. There shall be paid to the Chairman and other members of the Tribunal
such remuneration (whether by way of honorarium, salary or fees) and such
allowances as the Minister may determine.

8. No action, suit, prosecution or other proceedings shall be brought or
instituted personally against any member of the Tribunal in respect of an act
done hona fide in pursuance or execution or intended execution of the

0
provisions of this Act.

9. Any member of the Tribunal who has any interest, drectly or in-
directly, in any matter brought before the Tribunal shall-

(a) disclose the nature of the interest to the Tribunal; and

(h) not take part in any deliberation or decision of the Tribunal with
respect to that matter.

10. The office of Chairman or member shall not be a public office for the
purposes of Chapter V of the Constitution of Jamaica.

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Related Laws