Singapore legislation

Clause 3

of Air Navigation Bill

Clause 3

Power to give effect to Chicago Convention and regulate air navigation

(1)

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

(a)

for carrying out the Chicago Convention, any Annex thereto relating to international standards and recommended practices (being an Annex adopted in accordance with the Convention) and any amendment of the Convention or any such Annex made in accordance with the Convention; or

(b)

generally for regulating air navigation.

(2)

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 —

(a)

as to the registration of aircraft in Singapore;

(b)

for prohibiting aircraft from flying unless certificates of airworthiness issued or validated under the order are in force with respect to them and except upon compliance with such conditions as to maintenance or repair as may be specified in the order;

(c)

for the licensing, inspection and regulation of aerodromes, for access to aerodromes and places where aircraft have landed, for access to aircraft factories for the purpose of inspecting work therein carried on in relation to aircraft or parts thereof and for prohibiting or regulating the use of unlicensed aerodromes;

(d)

for prohibiting persons from engaging in, or being employed in or (except in the maintenance at unlicensed aerodromes of aircraft not used for or in connection with commercial, industrial or other gainful purposes) in connection with, air navigation in such capacities as may be specified in the order except in accordance with provisions in that behalf contained in the order, and for the licensing of those employed at aerodromes licensed under the order in the inspection or supervision of aircraft;

(e)

as to the conditions under which, and in particular the aerodromes to or from which, aircraft entering or leaving Singapore may fly, and as to the conditions under which aircraft may fly from one part of Singapore to another;

(f)

as to the conditions under which passengers and goods may be carried by air and under which aircraft may be used for other commercial, industrial or gainful purposes and for prohibiting the carriage by air of goods of such classes as may be specified in the order;

(g)

for minimising 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 as aforesaid and the display of signs and lights liable to endanger aircraft;

(h)

generally for securing the safety, efficiency and regularity of air navigation and the safety of aircraft and of persons and property carried therein, for preventing aircraft endangering other persons and property and, in particular, for the detention of aircraft for any of the purposes specified in this paragraph;

(i)

for requiring persons engaged in, or employed in or in connection with, air navigation to supply meteorological information for the purposes of air navigation;

(j)

for regulating the making of signals and other communications by or to aircraft and persons carried therein;

(k)

for regulating the use of the civil air ensign and any other ensign established by the Minister for purposes connected with air navigation;

(l)

for prohibiting aircraft from flying over such areas in Singapore as may be specified in the order;

(m)

for applying, adapting or modifying the enactments relating to customs in relation to aerodromes and to aircraft and to persons and property carried therein and for preventing smuggling by air, and for permitting in connection with air navigation, subject to such conditions as appear to the Minister to be requisite or expedient for the protection of the revenue, the importation of goods into Singapore without payment of duty;

(n)

as to the manner and conditions of the issue, validation, renewal, extension or variation of any certificate, licence or other document required by the order (including the examinations and tests to be undergone), and as to the form, custody, production, cancellation, suspension, endorsement and surrender of any such document;

(o)

for regulating the charges that may be made for the use of aerodromes licensed under the order and at Government aerodromes and for services provided at such aerodromes;

(p)

for prescribing the fees to be paid in respect of the issue, validation, renewal, extension or variation of any certificate, licence or other document or the undergoing of any examination or test required by the order and in respect of any other matters in respect of which it appears to the Minister to be expedient for the purpose of the order to charge fees;

(q)

for exempting from the provisions of the order or any of them any aircraft or persons or classes of aircraft or persons.

(3)

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.

(4)

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.

(5)

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.