Air Navigation Bill

In this Act, unless the context otherwise requires —

“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;

“the Chicago Convention” means the Convention on International Civil Aviation signed by the Government of the United Kingdom at Chicago on the 7th day of December, 1944;

“Constitution” means the Constitution for the time being in force in Singapore and includes the Constitution of Malaysia, in so far as it is in force in Singapore;

“controlled area” means any area declared to be a controlled area under section 20;

“damage or loss” includes, in relation to a person, loss of life and personal injury;

“erection of a structure” includes an addition or alteration to an existing structure;

“goods” and “articles” include mails and animals;

“Government aerodrome” means an aerodrome under the control of the Government and a naval, military or air force aerodrome;

“land” includes land covered with water and any right in or over land;

“Singapore aircraft” means aircraft registered in Singapore;

“structure” includes any house, warehouse, office, shop, school and any other building whether permanent or temporary and whether used for the purpose of human habitation or otherwise, and also any wall, fence, platform, staging, gatepost, pillar, paling, frame, hoarding, bridge, cable, wire or any other artificial obstruction raised above ground level.

Any reference in this Act to any country or territory shall, unless the context otherwise requires, be construed as including a reference to the territorial waters, if any, adjacent to that country or territory.

The Civil Aviation Act, 1949, and the Colonial Civil Aviation (Application of Act) Order, 1952 (both of the United Kingdom) shall, from the commencement of this Act, cease to have effect in Singapore; and such cessation shall be deemed to be a repeal for the purposes of the Interpretation Act, 1965 (Act of 1965). [G.N. No. S 292/52.][S.I. 1955 No. 709.]

The Air Navigation Ordinance (Cap. 109) is hereby repealed.

Sections 3 and 12 and subsection (1) of section 13 of the Air Navigation Ordinance, 1952 (Malaysian Ord. 84 of 1952), of Malaysia shall cease to apply in Singapore; and such cessation shall be deemed to be a repeal for the purposes of the Interpretation Act, 1965.

Notwithstanding subsections (1), (2) and (3) —

In this section “instrument” means any instruction or other requirement, any notice and any certificate, licence, validation or other authority.

The Minister may, by order, make such provision as appears to him to be requisite or expedient —

Without prejudice to the generality of the powers conferred by subsection (1) and without prejudice to any of the provisions of this Act, the Minister may, by order, make provision —

An order made under this section may make different provisions with respect to different classes of aircraft, aerodromes, persons or property and with respect to different circumstances but shall, so far as practicable, be so framed as not to discriminate in like circumstances between aircraft registered in Singapore operated on charter terms by one air transport undertaking and such aircraft so operated by another such undertaking.

An order made under this section may, for the purpose of securing compliance with the provision thereof, provide for the imposition of penalties not exceeding a fine of five thousand dollars and imprisonment for a term of one year, and, in the case of any provision having effect by virtue of paragraph (1) of subsection (2), may also for that purpose provide for the taking of such steps (including firing on aircraft) as may be specified in the order.

An order made under this section may contain such incidental and supplementary provisions as appear to the Minister to be necessary or expedient for the purposes of such order and may authorise the Director of Civil Aviation to make regulations for carrying out the purposes of the order in respect of such matters as may be specified in the order.

An order made under section 3 may provide for regulating the conditions under which noise and vibration may be caused by aircraft on aerodromes and may provide that subsection (2) shall apply to any aerodrome as respects which provision as to noise and vibration caused by aircraft is so made.

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 an order under section 3, so long as the provisions of any such order are duly complied with.

Any lawful entry into Singapore or any lawful transit across Singapore, with or without landings, of an aircraft to which this section applies shall not entail any seizure or detention of the aircraft or any proceedings being brought against the owner or operator thereof or any other interference therewith by or on behalf of any person in Singapore, on the ground that the construction, mechanism, parts, accessories or operation of the aircraft is or are an infringement of any patent, design or model.

The importation into, and storage in, Singapore of spare parts and spare equipment for an aircraft to which this section applies and the use and installation thereof in the repair of such an aircraft shall not entail any seizure or detention of the aircraft or of the spare parts or spare equipment or any proceedings being brought against the owner or operator of the aircraft or the owner of the spare parts or spare equipment or any other interference with the aircraft by or on behalf of any person in Singapore on the ground that the spare parts or spare equipment or their installation are or is an infringement of any patent, design or model:Provided that this subsection shall not apply in relation to any spare parts or spare equipment which are sold or distributed in Singapore or are exported from Singapore for sale or distribution.

This section applies to an aircraft, other than an aircraft used in military, customs or police service, registered in any country or territory in the case of which there is for the time being in force an order made by the Minister, with a view to the fulfilment of the provisions of the Chicago Convention to which this section relates, that the benefits of those provisions apply to that country or territory, and to such other aircraft as the President may, by order, specify.

In time of war, whether actual or imminent, or a Proclamation of Emergency under the Constitution is in force, the Minister may, by order regulate or prohibit, either absolutely or subject to such conditions as may be contained in the order, and notwithstanding the provisions of this Part or any subsidiary legislation made under this Part, the navigation of all or any descriptions of aircraft over Singapore or any portion thereof; and, may by order provide for taking possession of and using for the purposes of the armed forces of Singapore or of any visiting force lawfully present in Singapore any aerodrome or any aircraft in Singapore or any machinery, plant, material or things found in or on any such aerodrome or such aircraft, and for regulating or prohibiting the use, erection, building, maintenance or establishment of any aerodrome, flying school, or landing ground, or any class or description thereof.

An order made under this section may make, for the purpose of the order, such provisions as an order under section 3 may make for the purpose of securing compliance with provisions thereof having effect by virtue of paragraph (1) of subsection (2) of section 3.

Any person who suffers direct injury or loss, owing to the operation of an order of the Minister under this section, shall be entitled to receive compensation from the Government from such public funds as may lawfully be applied for the purpose, the amount thereof to be fixed, in default of agreement, by a single arbitrator to be agreed upon or failing agreement to be appointed by the Chief Justice:Provided that no compensation shall be payable by reason of the operation of a general order under this section prohibiting flying in Singapore or any part thereof.

The President may by order published in the Gazette declare any area to be a “protected area” within the meaning of this section.

An aircraft flying over any protected area shall not carry —

The Minister shall have power to establish and maintain aerodromes (including power to provide and maintain roads and approaches, buildings and other accommodation and apparatus and equipment for such aerodromes) and to acquire land for that purpose, by agreement or in accordance with the provisions of any written law in force relating to the acquisition of land for public purposes.

The purposes for which the Minister may acquire land under this section shall include the purpose of securing that the land adjacent to the site of an aerodrome, which the Minister has established or is about to establish, shall not be used in such manner as to cause interference with, or danger or damage to, aircraft at, or approaching or leaving the aerodrome.

No action shall lie in repsect of trepass or in respect of nuisance, by reason only of the flight of aircraft over any property at a height above the ground, which, having regard to wind, weather, and all the circumstances of the case is reasonable, or the ordinary incidents of such flight, so long as the provisions of this Part and any subsidiary legislation made under this Part are duly complied with; but where material damage or loss is caused by an aircraft in flight, taking off, or landing, or by any person in any such aircraft, or by any article falling from any such aircraft, to any person or property on land or water, damages shall be recoverable from the owner of the aircraft in respect of such damage or loss, without proof of negligence or intention or other cause of action, as though the same had been caused by his wilful act, neglect or default, except where the damage or loss was caused by or contributed to by the negligence of the person by whom the same was suffered:Provided that where material damage or loss is caused as aforesaid in circumstances in which —

Where any aircraft has been bona fide demised, let, or hired out for a period exceeding fourteen days to any other person by the owner thereof, and no pilot, commander, navigator, or operative member of the crew of the aircraft is in the employment of the owner, this section shall have effect as though for references to the owner there were substituted references to the person to whom the aircraft has been so demised, let, or hired out.

Where an aircraft is flown in such a manner as to be the cause of unnecessary danger to any person or property on land or water, the pilot or the person in charge of the aircraft, and also the owner thereof, unless he proves to the satisfaction of the court that the aircraft was so flown without his actual fault or privity, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.For the purposes of this section, the expression “owner” in relation to an aircraft includes any person by whom the aircraft is hired at the time of the offence.

The provisions of this section shall be in additional to and not in derogation of any provisions made by the Minister under the powers conferred by section 3.

Any services rendered in assisting in saving life from, or in saving the cargo or apparel of, an aircraft in, on or over the sea or any tidal water, or on or over the shores of the 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 provisions of subsection (1) shall have effect notwithstanding that the aircraft concerned is a foreign aircraft, and notwithstanding that the services in question are rendered elsewhere than within the limits of the territorial waters adjacent to any part of Singapore.

The Minister may, by regulations direct that any provisions of any law of Singapore for the time being in force which relate to wreck, to salvage of life or property or to the duty of rendering assistance to vessels in distress shall, with such exceptions, adaptations and modifications, if any, as may be specified in the regulations, apply in relation to aircraft as those provisions apply in relation to vessels.

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

The Minister may make regulations providing for the investigation of any accident arising out of or in the course of air navigation and occurring in or over Singapore or to Singapore aircraft occurring elsewhere and likely in the absence of such provision to remain uninvestigated.

Without prejudice to the generality of the foregoing povision, regulations made under this section may contain provisions —

Nothing in this section shall limit the powers of any authority to investigate accidents under any law for the time being in force relating to merchant shipping.

If any person contravenes or fails to comply with any regulation made under this section, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.

Any offence under this Part or under any subsidiary legislatio made under this Part, and any offence whatever committed on a Singapore 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.

The Minister may, by regulations, make provision as to the courts in which proceedings may be taken for enforcing any claim under this Part or any other claim in respect of aircraft.

Notwithstanding that an order made under section 3 or a regulation made under such order has effect only as part of the law of Singapore, no provision contained in the order or regulations shall, on the ground that it would have extra-territorial operation, be deemed to be invalid in so far as it applies to Singapore aircraft, wherever they may be, or prohibits, requires or regulates —

For the purposes of this section the personnel of an aircraft shall be deemed to include the commander or other person in charge of the aircraft, and all other members of the crew of the aircraft.

The Minister may make regulations —

Regulations made under this section may provide for imposing on any person who contravenes or fails to comply with any provision of the regulations such penalties (not exceeding a fine of five hundred dollars and a further fine of one hundred dollars for every day during which the contravention or non-compliance continues after conviction therefor) as may be specified in the regulations.

No information with respect to any particular undertaking which has ben obtained by virtue of regulations made under this section shall, without the consent of the person carrying on that undertaking, be disclosed otherwise than in connection with the execution of such regulations, and if any person discloses any such information in contravention of this subsection, he shall be liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding two thousand dollars or to both such imprisonment and fine.

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 this subsection or of regulations made under this section, or for the purpose of any report of any such proceedings, but, save as aforesaid, the restriction imposed by this subsection shall, in relation to any legal proceedings (including arbitrations), extend so as to prohibit and prevent any person who is in possession of any such information so obtained from disclosing, and from being required by any court or arbitrator to disclose that information (whether as a witness or otherwise) except with the consent of the person carrying on the undertaking to which the information relates.

In this section the expression “customs aerodrome” means an aerodrome for the time being appointed as a place of landing and departure of aircraft for the purposes of any written law relating to customs.

The Minister may make regulations —

Regulations made under this section may, for the purpose of securing compliance with such regulations, provide for the imposition of the following penalties, namely: —

If the Minister is satisfied, with respect to any structure in the vicinity of an aerodrome to which this section applies that, in order to avoid danger to aircraft flying in that vicinity in darkness or conditions of poor visibility, provision ought to be made (whether by lighting or otherwise) for giving to such aircraft warning of the presence of that structure, he may by order authorise (subject to any conditions specified in the order) the proprietor of the aerodrome, and person acting under the proprietor’s instructions —

The Minister shall, before making any such order, cause to be published, in such manner as he thinks best for informing persons concerned, notice of the proposal to make the order and of the place where copies of the draft order may be obtained free of charge, and take into consideration any representations with respect to the order which may, within such period not being less than two months after the publication of the notice as may be specified therein, be made to him 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 that 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.

Every such order as aforesaid shall provide —

For the purposes of this section, 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 structure 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.

The ownership of anything shall not be taken to be affected by reason only that it is placed in, or affixed to, any land in pursuance of such an order as aforesaid; and, subject to the provisions of subsection (7), so long as any such order in respect of an aerodrome is in force, no person shall, except with the consent of the proprietor of the aerodrome, wilfully interfere with any works or things which to the knowledge of that person, are works or things executed or placed, in, on or over any land in pursuance of the order.

If any person contravenes any of the provisions of subsection (5), he shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding two thousand dollars or to both such imprisonment and fine.

Nothing in this section shall operate, in relation to any structure, so as to restrict the doing of any work for the purpose of repairing, altering, demolishing or removing the structure if —

In this section —

Subject to subsection (2), this Part shall not apply to aircraft belonging to or exclusively employed in the service of the Government or of the armed forces of Singapore or of any visiting force lawfully present in Singapore.

The Minister may, by order, apply to any aircraft referred to in subsection (1), with or without modification, any of the provisions of this Part or of any subsidiary legislation made under this Part.

Nothing in this Part, or in any subsidiary legislation made under this Part, shall prejudice or affect the rights, powers, or privileges of any general or local lighthouse authority.

The Minister, or any officer authorised by the Minister in that behalf, may, by notice in writing, require the owner or occupier of any land subject to any order made under section 22, within such time (not being less than one month from the date of the service of such notice upon the person concerned) as may be fixed by such notice —

If default shall be made in complying with the provisions of such notice within the time fixed by such notice, any officer authorised by the Minister either generally or specially in that behalf, may enter upon such land and cause such action to be taken as is required by such notice and may recover the cost of and all expenses incurred in doing any necessary work from the person in default.

Any person who does any act in contravention of, or fails without reasonable excuse to comply with the terms of, any order or notice made or issued under section 22 or 23 shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding one thousand dollars, or to both such imprisonment and fine.

Any person who wilfully obstructs any person in the exercise of any of the powers conferred by this Part or by any subsidiary legislation made under this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand dollars.