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Subsidiary Legislation

Civil Aviation Authority of Singapore (Service Charge) Order 2009

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Official textFrom Singapore Statutes Online, unchanged

reg 1Citation and commencement

This Order may be cited as the Civil Aviation Authority of Singapore (Service Charge) Order 2009 and shall come into operation on 1st July 2009.

reg 2Definitions

In this Order, unless the context otherwise requires —“3-month compounded SORA”, in relation to a period, means —

(a)

if the period or a part of the period falls within the 6-month period beginning on 1 April of a calendar year, then, for the period or the part (as the case may be) — the compounded average of the SORA values for a 3-month period computed by the Monetary Authority of Singapore using the prescribed methodology, and published —

(i)

on its Internet website at https://www.mas.gov.sg; or

(ii)

where the website is unavailable to the public, in any other form that is readily accessible by the public,on either of the following days:

(iii)

if 1 March of that calendar year is a business day — that day;

(iv)

if 1 March of that calendar year is not a business day — the last business day in February of that calendar year; or

(b)

if the period or a part of the period falls within the 6-month period beginning on 1 October of a calendar year, then, for the period or the part (as the case may be) — the compounded average of the SORA values for a 3-month period computed by the Monetary Authority of Singapore using the prescribed methodology, and published —

(i)

on its Internet website at https://www.mas.gov.sg; or

(ii)

where the website is unavailable to the public, in any other form that is readily accessible by the public,on either of the following days:

(iii)

if 1 September of that calendar year is a business day — that day;

(iv)

if 1 September of that calendar year is not a business day — the last business day in August of that calendar year;“air navigation services” means services provided to air traffic during all phases of operations to ensure their safe and efficient movement, and includes —

(a)

air traffic control services, including air traffic control service for arriving or departing controlled flights, for controlled flights in controlled areas or for traffic within any manoeuvring area and other aerodrome traffic;

(b)

air traffic advisory services provided within advisory airspace to ensure separation, in so far as practical, between aircraft which are operating on flight plans in accordance with Instrument Flight Rules;

(c)

flight information services;

(d)

alerting services provided to notify appropriate organisations regarding aircraft in need of search and rescue aid, and to assist such organisations as may be required;

(da)

communications, navigation and surveillance services;

(e)

meteorological services for air navigation;

(f)

search and rescue services; and

(g)

aeronautical information services for the provision of aeronautical information and data necessary for the safety, regularity and efficiency of air navigation;“airport licensee” means the holder of an airport licence for an airport;“bank holiday” means a day declared by the Monetary Authority of Singapore to be a bank holiday under section 60(1) of the Banking Act 1970;“business day” means any day other than a Saturday, Sunday, public holiday or bank holiday;“prescribed methodology” means the methodology set out in the document called “Compounded Singapore Overnight Rate Average Index (“SORA Index”), Compounded SORA and MAS Floating Rate Notes (“MAS FRN”): A User Guide” dated 16 March 2021;[Deleted by S 356/2023 wef 10/06/2023]“service charge” means any charge payable under this Order;“Singapore Overnight Rate Average” or “SORA” means the volume‑weighted average rate of borrowing transactions in the unsecured overnight interbank Singapore dollar cash market in Singapore between 8 a.m. and 6.15 p.m., as published by the Monetary Authority of Singapore —

(a)

on its Internet website at https://www.mas.gov.sg; or

(b)

where the website is unavailable to the public, in any other form that is readily accessible by the public.

“3-month compounded SORA”, in relation to a period, means —

(a)

if the period or a part of the period falls within the 6-month period beginning on 1 April of a calendar year, then, for the period or the part (as the case may be) — the compounded average of the SORA values for a 3-month period computed by the Monetary Authority of Singapore using the prescribed methodology, and published —

(i)

on its Internet website at https://www.mas.gov.sg; or

(ii)

where the website is unavailable to the public, in any other form that is readily accessible by the public,on either of the following days:

(iii)

if 1 March of that calendar year is a business day — that day;

(iv)

if 1 March of that calendar year is not a business day — the last business day in February of that calendar year; or

(b)

if the period or a part of the period falls within the 6-month period beginning on 1 October of a calendar year, then, for the period or the part (as the case may be) — the compounded average of the SORA values for a 3-month period computed by the Monetary Authority of Singapore using the prescribed methodology, and published —

(i)

on its Internet website at https://www.mas.gov.sg; or

(ii)

where the website is unavailable to the public, in any other form that is readily accessible by the public,on either of the following days:

(iii)

if 1 September of that calendar year is a business day — that day;

(iv)

if 1 September of that calendar year is not a business day — the last business day in August of that calendar year;

“air navigation services” means services provided to air traffic during all phases of operations to ensure their safe and efficient movement, and includes —

(a)

air traffic control services, including air traffic control service for arriving or departing controlled flights, for controlled flights in controlled areas or for traffic within any manoeuvring area and other aerodrome traffic;

(b)

air traffic advisory services provided within advisory airspace to ensure separation, in so far as practical, between aircraft which are operating on flight plans in accordance with Instrument Flight Rules;

(c)

flight information services;

(d)

alerting services provided to notify appropriate organisations regarding aircraft in need of search and rescue aid, and to assist such organisations as may be required;

(da)

communications, navigation and surveillance services;

(e)

meteorological services for air navigation;

(f)

search and rescue services; and

(g)

aeronautical information services for the provision of aeronautical information and data necessary for the safety, regularity and efficiency of air navigation;

“airport licensee” means the holder of an airport licence for an airport;

“bank holiday” means a day declared by the Monetary Authority of Singapore to be a bank holiday under section 60(1) of the Banking Act 1970;

“business day” means any day other than a Saturday, Sunday, public holiday or bank holiday;

“prescribed methodology” means the methodology set out in the document called “Compounded Singapore Overnight Rate Average Index (“SORA Index”), Compounded SORA and MAS Floating Rate Notes (“MAS FRN”): A User Guide” dated 16 March 2021;

“service charge” means any charge payable under this Order;

“Singapore Overnight Rate Average” or “SORA” means the volume‑weighted average rate of borrowing transactions in the unsecured overnight interbank Singapore dollar cash market in Singapore between 8 a.m. and 6.15 p.m., as published by the Monetary Authority of Singapore —

(a)

on its Internet website at https://www.mas.gov.sg; or

(b)

where the website is unavailable to the public, in any other form that is readily accessible by the public.

reg 3Service charge for air navigation services

(1)

The airport licensee must pay to the Authority the service charge for each air navigation service specified in the first column of the Schedule in accordance with this paragraph.

(2)

The amount of the service charge for any air navigation service payable under sub-paragraph (1) is the sum of the amounts specified in the second and third columns of the Schedule opposite the air navigation service.

(2A)

The amount of the service charge under sub-paragraph (2) for any air navigation service —

(a)

is payable in respect of all the airports for which the airport licensee holds an airport licence;

(b)

is, subject to sub-paragraph (3), payable for each month or part thereof in which the air navigation service is provided to any of those airports; and

(c)

must be paid on the last day of the month in relation to which the service charge is payable.

(3)

No abatement of any service charge shall be allowed in the event of any air navigation service being not available.

Subregulation 1

The airport licensee must pay to the Authority the service charge for each air navigation service specified in the first column of the Schedule in accordance with this paragraph.

Subregulation 2

The amount of the service charge for any air navigation service payable under sub-paragraph (1) is the sum of the amounts specified in the second and third columns of the Schedule opposite the air navigation service.

Subregulation 2A

The amount of the service charge under sub-paragraph (2) for any air navigation service —

(a)

is payable in respect of all the airports for which the airport licensee holds an airport licence;

(b)

is, subject to sub-paragraph (3), payable for each month or part thereof in which the air navigation service is provided to any of those airports; and

(c)

must be paid on the last day of the month in relation to which the service charge is payable.

Subregulation 3

No abatement of any service charge shall be allowed in the event of any air navigation service being not available.

reg 4Prescribed interest for late payment

For the purposes of section 88(1) of the Act, the prescribed rate of interest on the late payment of any service charge mentioned in paragraph 3(1) or part thereof is 4.5% points above the 3-month compounded SORA for the period —

(a)

starting on the date the payment or part of it is in arrears; and

(b)

ending on the date the service charge mentioned in that paragraph is paid to the Authority in full.

reg 5Application of payments

The Authority may, in its discretion, apply any moneys paid by an airport licensee firstly towards the payment of any interest payable under this Order and subsequently apply any balance thereof towards payment of any amount of outstanding service charge.

reg 6Remission

The Chief Executive may waive or remit wholly or in part any service charge or interest payable under this Order.