Singapore legislation

Section 36

of Air Navigation Act 1966

Section 36

Interference with aeronautical facilities

(1)

This section applies if the Authority believes on reasonable grounds that an installation is or may be, either actively or passively, causing interference with communications to or from aircraft, or communications to or from centres established for air traffic control, or with navigational aids or with surveillance systems, in circumstances that are likely to endanger the safety of aircraft engaged in international air navigation or air navigation within, to or from Singapore.

(2)

The Authority may serve a notice on the proprietor directing the proprietor to permit the installation to be inspected and tested by a safety inspector at a reasonable time.

(3)

Upon the service of the notice, the safety inspector may enter the premises or place where the installation is installed, kept or operated and inspect or test the installation.

(4)

A safety inspector exercising powers under subsection (3) must produce his or her identification card if requested to do so.

(5)

If as a result of such an inspection or otherwise, the Authority considers it necessary to do so for the safety of aircraft mentioned in subsection (1), the Authority may serve a notice on the proprietor directing the proprietor to make such modifications to the installation, or to take such other action, as is necessary to eliminate the cause of the interference, within a reasonable time specified in the notice.

(6)

If the installation has been installed and is used and operated in accordance with all applicable laws, the proprietor may recover from the Authority the amount of all reasonable expenses incurred, and of losses actually suffered, in complying with a direction under subsection (5).

(7)

If a direction under subsection (5) is not complied with to its satisfaction, the Authority may —

(a)

authorise any of its officers, with any reasonable assistance that the officer requires, to enter the premises or place in which the installation is installed, kept or operated, with any force that is necessary and reasonable, and to take the action that was so directed; and

(b)

recover all expenses reasonably incurred by the Authority in the exercise of its powers under this subsection from the proprietor in default.

(8)

Without affecting the right of the Authority to exercise the powers under subsection (7), if any person on whom a direction under subsection (5) is served, without reasonable excuse, fails to comply with the requirements of that notice, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $50 for every day or part of a day during which the offence continues after conviction.

(9)

In this section —

Definition

“installation” includes any electrical or other equipment or device or any structure;

Definition

“proprietor”, in relation to an installation, means the owner or user of the installation or the owner or occupier of the premises or place where the installation is installed, kept or operated.[8