Singapore legislation

Clause 55

of Civil Aviation Authority of Singapore Bill

Clause 55

Appeal to Minister

(1)

Any airport licensee who is aggrieved by —

(a)

any decision of the Authority —

(i)

refusing to grant an airport licence under section 36;

(ii)

imposing any condition on an airport licence under section 37;

(iii)

modifying any condition of an airport licence under section 38;

(iv)

revoking or suspending an airport licence, or imposing a financial penalty under section 39;

(v)

refusing consent to a transfer of an airport licence under section 41;

(vi)

refusing approval to an airport licensee to carry on substantial trading or financial activities other than activities specified in section 42(1);

(vii)

refusing to approve a draft master plan or the additions and alterations to the master plan in force, as the case may be, for an airport under section 48; or

(viii)

refusing to approve the appointment of a person as the chief executive officer, a director or the chairman of the board of directors, of an airport licensee under section 59(1);

(b)

any direction of the Authority under section 40, 45 or 60;

(c)

any maximum price for aeronautical charges set or approved by the Authority under section 52;

(d)

any notice of the Authority under section 83(2)(b); or

(e)

anything contained in any code of practice or standard of performance applicable to the airport licensee,may, within 14 days after being notified of the decision, notice or direction, or the issue or approval of the code of practice or standard of performance, as the case may be, (or such longer period as the Minister allows in exceptional circumstances, whether before or after the end of the 14 days), appeal to the Minister in the manner prescribed by rules.

(2)

Any person (other than an airport licensee) who is aggrieved by any decision or direction of the Authority given by or under section 60 may, within 14 days after being notified of the decision or direction (or such longer period as the Minister allows in exceptional circumstances, whether before or after the end of the 14 days), appeal to the Minister in the manner prescribed by rules.

(3)

Any person who makes an appeal to the Minister under subsection (1) or (2) shall, within the period specified therein —

(a)

state as concisely as possible the circumstances under which the appeal arises, the issues and grounds for the appeal; and

(b)

submit to the Minister all relevant facts, evidence and arguments for or against the appeal, as the case may be.

(4)

Where an appeal has been made to the Minister under subsection (1) or (2), the Minister may require —

(a)

any party to the appeal; and

(b)

any person who is not a party to the appeal but appears to the Minister to have information that is relevant to the matters mentioned in that subsection,to provide the Minister with all such information as he may require (whether for the purpose of deciding if an Appeals Advisory Panel should be established or for determining the appeal), and any person so required to provide such information must provide it in such manner and within such period as may be specified by the Minister.

(5)

The Minister may reject any appeal of an appellant who fails to comply with subsection (3) or (4).

(6)

Unless otherwise provided by this Act or the Minister, where an appeal is lodged under this section, the decision, direction or other thing appealed against shall be complied with until the determination of the appeal.

(7)

The Minister may, determine an appeal under this section —

(a)

by confirming, varying or reversing any decision, notice or direction of, or code of practice or standard of performance issued by, the Authority; or

(b)

by directing the Authority to reconsider its decision, notice, direction, code of practice or standard of performance, as the case may be.

(8)

Before determining an appeal under subsection (7) and for the purpose of forming an opinion on which to base such determination, the Minister may consult such Appeals Advisory Panel established for the purpose of advising the Minister in respect of the appeal but, in making such determination, shall not be bound by such consultation.

(9)

The decision of the Minister in any appeal shall be final.

(10)

The Minister may make rules in respect of the manner in which an appeal may be made to, and the procedure to be adopted in the hearing of any appeal by, the Minister under this section.

Read in full context — Civil Aviation Authority of Singapore Bill →