Singapore legislation

Section 68

of Civil Aviation Authority of Singapore Act 2009

Section 68

By-laws

Amended by18/201818/2018

(1)

An airport licensee or exempt airport operator for an airport may, from time to time, after consulting the Authority and with the approval of the Minister, make by-laws in relation to the airport it is licensed to operate.

(2)

By-laws under this section may be made for any one or more of the following purposes in relation to an airport:

(a)

providing for the proper management, operation, supervision, safety and security of the airport;

(b)

securing the safety of, and preventing injury and damage to, aircraft, vehicles and persons using or within the airport, including —

(i)

measures (which may involve the use of reasonable force) to extinguish and prevent the spread of fire or for protecting life and property in case of fire; and

(ii)

measures that restrict entry into, egress from, or movement or conduct in any particular part of the airport;

(c)

providing for the restriction and control of any activity or the provision of services in the airport;

(d)

providing for matters relating to airport or airside operations (including procedures relating to the fuelling of aircraft, the operation of equipment and vehicles, the handling of baggage and the servicing of and access to aircraft and related matters);

(e)

providing for matters relating to cargo operations (including procedures relating to flammable or dangerous substances, restriction on loads and related matters);

(f)

defining the duties of persons in command or control of any aircraft for the time being on the ground in an airport;

(g)

providing for the issuance of any permit or pass authorising the entry or admission of persons and vehicles into the airport (including procedures relating to the renewal, suspension, cancellation, surrender and loss of any such permit and pass and prescribing the fees therefor and related matters);

(h)

specifying the routes to be used by aircraft and vehicles;

(i)

the prohibition or restriction and control of the use of specified roads within the airport (except roads within the airport to which the Road Traffic Act 1961 applies) by persons or vehicles generally or during particular hours or at particular times or in particular circumstances;

(j)

regulating vehicular traffic generally on those roads including speed of traffic;

(k)

prohibiting the keeping or leaving of any vehicles stationary in any place in the airport for a purpose not permitted or not in accordance with the conditions (if any) prescribed by the by‑laws;

(l)

providing for the fixing and removal of an immobilisation device to any vehicle which has been unlawfully parked in any place in the airport and specifying the conditions, including payment of fees, for the removal of those immobilisation devices;

(m)

providing for the safe custody and re-delivery or disposal by the airport licensee or exempt airport operator of any property found in the airport or in any aircraft or vehicle therein, the fixing of the charges payable to the airport licensee or exempt airport operator in respect of the safe custody or re-delivery, and the application, if any such property is disposed of by being sold, of the moneys arising from the sale;

(n)

regulating the admission and exclusion from the airport of persons, animals or vehicles;

(o)

prohibiting trespassing on the airport by persons, vehicles or animals;

(p)

regulating the formation of queues of persons and vehicles within, or seeking admission to, the airport;

(q)

preserving order and good conduct in the airport;

(r)

preventing nuisances in the airport;

(s)

prescribing fees and charges for the use of the airport, or for any airport services and facilities provided by the airport licensee or exempt airport operator.

Amended by18/2018

(3)

In making any by‑law under this section, the airport licensee or exempt airport operator for an airport may —

(a)

define, in such manner as it thinks proper, what constitutes, for the purposes of any provision of the by‑laws, a class of persons or vehicles;

(b)

make different provisions in relation to different parts of the airport;

(c)

make different provisions in relation to different classes of persons to whom the by‑laws apply;

(d)

make different provisions in relation to different classes of vehicles to which the by‑laws apply; and

(e)

exclude from the application of the by‑laws any particular class of persons or vehicles specified in the by‑laws.

(4)

A person who contravenes a by‑law made under this section shall be guilty of an offence and shall be liable on conviction to a fine which may extend to $2,000, and a police officer may use such force as is reasonable and necessary to arrest and detain the person for the purpose of removing the person from or preventing the person’s entry or re‑entry to the airport concerned, or to remove the person from the airport concerned.

(5)

Where any vehicle is parked in contravention of any by-law, or any vehicle or other property appears to have been abandoned within the airport, and the airport licensee or exempt airport operator authorised to operate that airport has incurred any expenses in removing or detaining the vehicle or property, all such expenses reasonably incurred by the airport licensee or exempt airport operator in removing and detaining any such vehicle or property are recoverable in a court of competent jurisdiction from the owner of the vehicle or property (as the case may be) as if the expenses were a debt due to the airport licensee or exempt airport operator, as the case may be.

(6)

All by‑laws made under this section must be published in the Gazette, and the cost of such publication must be borne by the airport licensee or exempt airport operator by which the by‑laws were made.

(7)

All by‑laws made under this section must be displayed prominently at the airport, in respect of which the by‑laws are made, in such manner as the airport licensee or exempt airport operator which made them considers best adapted for giving information to the public.

(8)

No by-law made under this section is to be inconsistent with any law for the time being in force in Singapore and any such by‑law which is so inconsistent is void to the extent of that inconsistency.

(9)

In addition to subsection (8), no by-law made under this section is binding on the Authority to the extent (if any) to which the by-law would impede or affect the performance by the Authority or any of its employees of any function or duty or the exercise of any power conferred on the Authority or its employees under any other provision of this Act or the Air Navigation Act 1966 or any subsidiary legislation made under either Act.

Amended by18/2018