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AIR NAVIGATION |
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AN ACT TO GIVE EFFECT TO CERTAIN INTERNATIONAL CONVENTIONS RELATING TO AIR NAVIGATION AND CARRIAGE BY AIR. TO MAKE PROVISION FOR THE GENERAL REGULATION AND CONTROL OF AIR NAVIGATION, AND FOR PURPOSES CONNECTED THEREWITH OR INCIDENTAL THERETO.
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Act Nos, |
15 of 1950 |
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28 of 1952 |
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42 of 1964 |
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[18th May
, 1951 ]
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Short title.
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1. This Act may be cited as the Air Navigation Act.
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Power to grant exemption from operation of Act.
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2.
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(1) Regulations may be made under this Act empowering the Minister by Order to grant exemption from any or the provisions of this Act to such classes or description of aircraft or persons as may be prescribed in the regulations or to any aircraft or person belonging to any such prescribed class or description of aircraft or persons, to such extent or subject to such terms, conditions or restrictions as may be so prescribed.
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(2) The Minister may, on the occurrence of any public emergency, by Order exempt any aircraft or person or class or description of aircraft or persons from any of the provisions of this Act to such extent or subject to such terms, conditions or restrictions as may appear to him to be necessary in the public interest, notwithstanding that he is not empowered to do so by regulations referred to in subsection (1).
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(3) Every Order made by the Minister in pursuance of the regulations referred to in subsection (!) or the powers conferred by subsection (2) shall be as valid and effectual as though it were herein enacted.
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Power to give effect to chicago Convention and to regulate air navigation.
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3.
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(1) Regulations may be made under this Act providing for all such matters as the authority empowered to make such regulations may deem requisite or expedient-
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(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
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(b) generally for regulating air navigation.
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(2) Without prejudice to the generality of the powers conferred by subsection (1), regulations may be made under this Act for or with respect to all or any of the following matters;-
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(a) the registration of aircraft in Sri Lanka;
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(b) the prohibition of aircraft from flying unless certificates of airworthiness issued or validated under the regulations are in force with respect Co them and except upon compliance with such conditions as to maintenance and repair as may be specified in the regulations;
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(c) the licensing, inspection, regulation and control of aerodromes and the prohibition or regulation of the use of unlicensed aerodromes;
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(d) the access to aerodromes and places where aircraft have landed, the access to aircraft factories for the purpose of inspecting work therein carried on in relation to aircraft or parts thereof, and the prohibition of trespassing on aerodromes;
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(e) the prohibition of the engagement or employment of persons 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 regulations except in accordance with provisions in that behalf contained in the regulations, and the licensing of those employed at licensed aerodromes in the inspection or supervision of aircraft ;
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(f) the conditions under which, and in particular the aerodromes to or from, which, aircraft entering or leaving Sri Lanka may fly, and the conditions under which aircraft may fly from one part of Sri Lanka lo another;
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(g) 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 the prohibition of the carriage by air of goods of such classes as may be specified in the regulations ;
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(h) the minimization or prevention of the interference with the use or effectiveness of apparatus used in connection with air navigation, and the prohibition or regulation of the use of such apparatus as aforesaid and the display of signs and lights liable to endanger aircraft;
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(i) generally for securing the safety, efficiency and regularity of air navigation and the safety of aircraft and of persons and property carried therein, the prevention of aircraft from endangering other persons and property and, in particular, the detention of aircraft for any of the purposes specified in this paragraph;
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(j) the supply of meteorological information for the purposes of air navigation by persons engaged in, or employed in or in connection with, such navigation;
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(k) the regulation of the making of signals and other communications by or to aircraft and persons carried therein;
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(l) the regulation of the use of the civil air ensign and any other ensign established by the Minister for purposes connected with air navigation;
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(m) the prohibition of the flying of aircraft over such areas in Sri Lanka as may be specified in the regulations;
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(n) the application, adaptation or modification of the enactments relating to customs in relation to aerodromes and to aircraft and to persons and property carried therein and the prevention of smuggling by air;
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(o) the manner and conditions of the issue, validation, renewal, extension or variation of any certificate, license or other document required by the regulations (including the examinations and tests to be undergone), and the form, custody, production, cancellation, suspension, endorsement and surrender of any such document;
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(p) the regulation of the charges that may be made for the use of aerodromes and for services’ provided at such aerodromes;
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(q) prescribing the fees to be paid in respect of the issue, validation, renewal, extension, or variation of any certificate, license or other document or the undergoing of any examination or test required by the regulations and in respect of any other matters for which it appears to the authority empowered to make the regulations to be expedient for the purposes of the regulations to charge fees ;
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(r) the regulation and control of the conditions under which noise and vibration may be caused by aircraft on aerodromes and the application of the provisions of section 4 to any aerodrome as respects which provision as to noise and vibration caused by aircraft is so made.
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(3) Regulations referred to in paragraph (m) of subsection (2) may, for the purpose of securing compliance with any provision thereof, provide for the taking of such steps (including firing on aircraft) as may be specified in the regulations.
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Nuisance caused by aircraft on aerodromes.
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4. No action shall lie in respect of any nuisance by reason only of the noise and vibration caused by aircraft on an aerodrome to which this section applies by virtue of any regulations made under this Act, so long as the provisions of such regulations are duly complied with.
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Infringement of patents.
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5.
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(1) Save as otherwise provided in section 6, where it is alleged by any person interested that a foreign aircraft making a passage through or over Sri Lanka infringes in itself or in any part of it any invention, design or model which is entitled to protection in Sri Lanka, it shall be lawful, subject to and in accordance with rules made as hereinafter provided, to detain such aircraft until the owner thereof deposits or secures in respect of the alleged infringement a sum (in this section referred to as “the deposited sum”), and thereupon the aircraft shall not, during the continuance or in the course of the passage, be subject to any lien, arrest, detention or prohibition, whether by order of a court or otherwise, in respect of or on account of the alleged infringement.
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(2) The deposited sum shall be such a sum as may be agreed upon between the parties interested, or in default of agreement shall be fixed by the Minister or some person duly authorized by the Minister in that behalf, and payment thereof shall be made or secured to him in such manner as he shall approve. The deposited sum shall be dealt with by such court and in accordance with such procedure as may be prescribed by rules made by the Supreme Court for that purpose as well as for the purpose of providing generally for carrying this section into effect.
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(3) For the purposes of this section and of section 6, the expression ” owner” includes the actual owner of an aircraft, and any person claiming through or under him, and the expression ” passage ” includes all reasonable landings and stoppages in the course or for the purpose of a passage.
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Exemption of aircraft and parts thereof from seizure ,&c., on patent claims.
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6.
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(1) Notwithstanding anything in section 5 of this Act or any other written law, any lawful entry into Sri Lanka, 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 Sri Lanka, 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.
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(2) Notwithstanding anything in section 5 of this Act or any other written law, the importation into, and storage in, Sri Lanka of spare parts and spare equipment for 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 Sri Lanka on the ground that the spare parts or spare equipment or their installation is or are an infringement of any patent, design or model:
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Provided, however, that the preceding provisions of this subsection shall not apply in relation to any spare parts or spare equipment which are sold or distributed in Sri Lanka or are exported from Sri Lanka for sale or distribution.
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(3) This section applies to an aircraft registered in any country or territory in the case of which there is for the time being in force a declaration made by the Minister, with a view to the fulfillment of the provisions of the Chicago Convention, that the benefits of those provisions apply to that country or territory, and to such other aircraft as the Minister may by Order specify.
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Special powers in case of emergency.
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7.
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(1) In time of war, whether actual or imminent, or of great national emergency, the Minister in charge of the subject of Defence may by general or special Order regulate or prohibit, either absolutely or subject to such conditions as may be contained in the Order, the navigation of all or any descriptions of aircraft over Sri Lanka or any portion thereof, or the territorial waters* adjacent thereto; and may, by the same or any subsequent Order, provide for taking possession of and using for the purposes of the naval, military or air forces of the Republic any aerodrome or landing ground, or any aircraft, machinery, plant, material or things found therein or thereon, 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. (*See section 11 of t he Maritim Zones Law.)
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(2) An Order under this section may make, for the purposes of the Order, such provision as regulations under this Act may make by virtue of paragraph (m) of subsection (2) of section 3.
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(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 Minister in charge of the subject of Defence from such moneys as may be provided by Parliament for the purpose, the amount thereof to be fixed, in default of agreement between the parties interested, by an arbitrator to be agreed upon between such parties or failing such agreement to be appointed by the Chief Justice :
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Provided, however, that no compensation shall be payable by reason of the operation of a general Order under this section prohibiting flying in Sri Lanka or any part thereof.
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Establishment of aerodromes.
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8.
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(1)
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(a) The Minister shall have Establishment power on behalf of the Government 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). Where the Minister certifies that any land is required for that purpose, the Minister in charge of the administration of the Land Acquisition Act may direct that Order be taken under that Act for the acquisition of the land on behalf of the Government, and for determining the compensation to be paid to the parties interested in accordance with the provisions of that Act:
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Provided, however, that the preceding provisions of this subsection shall not be construed as authorizing the Minister to act otherwise than for the purposes of civil aviation.
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(b) Where a direction is given by the Minister under paragraph (a) of this subsection for the acquisition of any land, all the provisions of the Land Acquisition Act shall apply in all respects in like manner as though the land were required for a public purpose.
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(2) For the avoidance of doubts it is hereby declared that one of the purposes for which the Minister is empowered by this section to acquire land is 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, approaching or leaving the aerodrome.
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Trespass. Nuisance, and responsibility for damage.
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9.
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(1) No action shall lie in respect of trespass or in respect of nuisance, by reason only of the flight or the ordinary incidents of the flight of aircraft over any properly at a height above the ground which, having regard to wind, weather, and all the circumstances of the case is reasonable, so long as the provisions of this Act and any regulations or orders made thereunder are duty 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 an article or person 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 willful 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:
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Provided that where material damage or loss is caused as aforesaid in circumstances in which
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(a) some person other than the owner of the aircraft would under any other law having effect in Sri Lanka be liable to pay damages in respect of such damage or loss ; and
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(b) such damages are recoverable and recovered from the owner of the aircraft by virtue only of the provisions of this section,
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the owner shall be entitled to be indemnified by that other person in respect of the damages so recovered from the owner.
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(2) 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.
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Penalty for dangerous flying.
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10.
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(1) 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 such owner proves to the satisfaction of the court that the aircraft was so flown without his actual fault or privity, shall each be guilty of an offence under this Act.
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(2) 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.
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(3) The provisions of this section shall be in addition to and not is substitution for any general safety or other provisions prescribed by any order or regulations made under this Act.
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Wreck and salvage.
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11.
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(1) Any services rendered in assisting or 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 person or property, 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.
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The preceding provisions of this subsection 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 Sri Lanka.(*See section 11 of the Maritime Zones Law.)
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(2) The Minister may make regulations directing that the provisions of any law for the time being in force in Sri Lanka 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.
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(3) For the purposes of this section, any provisions of any law for the time being in force in Sri Lanka which relate to vessels laid by or neglected as unfit for sea service shall be deemed to be provisions relating to wreck.
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Power to provide for investigation and accidents.
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12.
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(1) Regulations may be made under this Act providing for the investigation of any accident arising out of or in the course of air navigation and occurring in or over Sri Lanka or the territorial waters* adjacent thereto, or elsewhere to Sri Lanka aircraft.
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(2) -Without prejudice to the generality of the powers conferred by subsection (1), regulations referred to in that subsection may contain provisions
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(a) requiring notice to be given of any such accidents as aforesaid in such manner and by such persons as may be specified in the regulations;
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(b) applying, with or without modification, for the purpose of investigations held with respect to any such accidents the provisions of any law for the time being in force in Sri Lanka relating to the investigation of deaths and accidents;
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(c) prohibiting, pending investigation, access to or interference with aircraft to which an accident has occurred, and authorizing any person, so far as may be necessary for the purposes of an investigation, to have access to, examine, remove, take measures for the preservation of, or otherwise deal with any such aircraft;
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(d) authorizing or requiring the cancellation, suspension, endorsement, or surrender of any license or certificate granted in Sri Lanka under this Act or any order or regulations made thereunder, or the withdrawal or suspension of any validation conferred in Sri Lanka of a license granted by a duly competent authority elsewhere, where it appears on an investigation that the licence or certificate ought to be cancelled, suspended, endorsed, or surrendered, or the validation withdrawn or suspended, as the case may be; and for the production of any such licence or certificate for the purpose of being so dealt with:
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Provided that nothing in this section shall limit the powers of any authority relating to wrecks and salvage under the Merchant Shipping Act.
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Indication of presence of obstructions near aerodromes.
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13.
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(1) If the Minister is satisfied, with respect to any building, structure or erection in the vicinity of any aerodrome 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 building, structure, or erection, he may by order authorize (subject to any conditions specified in the order) the proprietor of the aerodrome, and any person acting under the proprietor’s instructions –
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(a) to execute, install, maintain, operate, and, as occasion requires, to repair and alter, such works and apparatus as may be necessary for enabling such warning 10 be given in, the manner specified in the order; and
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(b) so far as may be necessary for exercising any of the powers conferred by the order to enter upon and pass over (with or without vehicles) any such land as may be specified in the order;
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Provided that no such order shall be made in relation to any building, structure or erection if it appears to the Minister that there have been made, and are being carried out, satisfactory arrangements for the giving of such warning as aforesaid of the presence of the building, structure or erection.
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(2) The Minister shall, before making any such order as aforesaid, 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.
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(3)
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(a) Every such order as aforesaid shall provide –
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(i) that, except in a case of emergency, no works shall be executed on any land in pursuance of the order, unless, at least fourteen days previously, the proprietor of the aerodrome to which the order relates has served, in the manner prescribed by the order, on the occupier of that land, and on every other person known by the proprietor to have an interest therein, a written notice containing such particulars of the nature of the proposed works, and the manner in which and the lime at which it is proposed to execute them, as may be prescribed by or in accordance with the order ; and
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(ii) that if, within fourteen days after service of the said notice on any person having such an interest, the proprietor of the aerodrome receives a written intimation of objection on the part of that person to the proposals contained in the notice, being an intimation which specifies the grounds of objection, then, unless and except in so far as the objection is withdrawn, no steps shall be taken in pursuance of the notice without the specific sanction of the Minister,
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and shall also provide for requiring the proprietor of the aerodrome to which the order relates to pay to any person having an interest in any land affected by the order such compensation for any damage or loss which that person may suffer in consequence of the order as may, in default of agreement between the parties interested, be determined from time to time by a single arbitrator appointed by the Chief Justice, and, for the purposes of this subsection, any expenses reasonably incurred in connexion with the lawful removal of any apparatus installed in pursuance of such an order, and so much of any expenses incurred in connection with the repair, alteration, demolition or removal of any building, structure or erection to which such an order relates as are attributable to the operation of the order shall be deemed to be loss or damage suffered in consequence of the order.
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(b) Any compensation due under paragraph (a) of this subsection from the proprietor of any aerodrome which is established or maintained by or on behalf of the Government shall be payable out of such moneys as may be provided for the purpose by Parliament.
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(4) The ownership of anything shall not be taken to be affected by reason only that it is placed or affixed to any land in pursuance of such an order as aforesaid; and (subject to the provisions of the next following subsection) 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, willfully 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.
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(5) Nothing in this section shall operate, in relation to any building, structure or erection, so as to restrict the doing of any work for the purpose of repairing, altering, demolishing or removing the building, structure or erection, provided that-
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(a) notice of the doing of that work is given as soon as may be to the proprietor of the aerodrome ;and
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(b) the giving of warning of the presence of the building, structure or erection in the manner provided by any order under this section in force in relation thereto is not interrupted.
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Power to exercise control over land in the interests of aviation.
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13A.
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(1) The Minister may, by Order published in the Gazette, declare any area of land which is adjacent or contiguous to an aerodrome, whether such aerodrome is maintained for the purposes of civil aviation or is maintained on a joint user basis, td be an area to which regulations made under subsection (3) shall be applicable.
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(2) An Order made under subsection (1) may define the area of land by setting out the extent, the assessment number or the metes and bounds of the land or each of the lands comprised in the urea.
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(3) Regulations may be made under this Act for securing the safe and efficient use for aviation purposes of any area of land in respect of which an Order has been made by the Minister under subsection (1). Such regulations may provide for-
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(a) the regulation or prohibition of the construction, erection or installation of any buildings, structures, masts, poles or objects of natural growth upon any such area;
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(b) the total or partial demolition of any buildings or structures within any such area;
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(c) the restriction of the height of trees upon any land within such area or the cutting down or reduction in height of any trees within any such area;
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(d) the extinction of any private right of way over land within such area ;
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(e) the restriction of the installation of cables, mains, pipes or other apparatus upon, across, under or over any land within such area;
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(f) the authorization of entry upon private lands for the purpose of giving effect to the provisions of any regulation made under the preceding paragraphs of this subsection;
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(g) the giving of notice in the Gazette and in one or more newspapers by the Director of Civil Aviation of regulations which are proposed to be made under the preceding paragraphs of this subsection and which will adversely affect any lands, buildings or structures and calling for objections by the owners of, or persons interested in, such lands, buildings or structures against the making of such regulations;
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(h) the inquiry into objections, made by owners or other persons in pursuance of any regulation under paragraph (t) of this subsection, by the Director of Civil Aviation or any officer appointed by him ;
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(i) the preferring of appeals to the Secretary to the Ministry charged with the subject or function of Air Navigation from decisions made on objections inquired into by the Director of Civil Aviation or other officer appointed by him ;
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(j) the payment of compensation for any loss or damage suffered by any person having any Interest in any building or structure which is partially or totally demolished in consequence of any regulation made under paragraph (b) of this subsection.
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ADDITIONAL PROVISIONS APPLICABLE To Civil. AVIATION |
information to air transport undertakings and use of customs aerodromes.
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14.
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(1) Regulations may be made under information as this Act-
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(a) requiring any person-
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(i) who comes on the business of carrying passengers or goods in aircraft for hire or reward on such journeys or classes of journeys (whether beginning and ending at the same point or at different points) as may be specified in the regulations; or
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(ii) who is the holder of a licence in respect of a customs aerodrome,
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to furnish to such authorities as may be specified in the regulations such information relating to the use of aircraft for the purpose of the said business and to the persons employed in connection with that use, or, as the case may be, relating to the use of the aerodrome and to the persons employed in aircraft arriving thereat or departing therefrom, as may be prescribed by the regulations;
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(b) requiring the owner, or the pilot or other person in charge, of any aircraft arriving at, or departing from, any customs aerodrome to furnish to the holder of the licence in respect of that aerodrome such information as may be necessary to enable the holder of the said licence to comply with such of the provisions of the regulations as relate to him;
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(c) prescribing the time at which, and the form and manner in which, any information required under the regulations is to be furnished :
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Provided, however, that a person carrying on such a business as is mentioned in sub-paragraph (i) of paragraph (a) of this subsection shall not be required to furnish information relating to the use of aircraft on journeys wholly outside Sri Lanka, or relating to persons exclusively employed outside Sri Lanka, unless the person carrying on the business is either a citizen of Sri Lanka or a body corporate incorporated under the law of Sri Lanka.
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(2)
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(a) No information with respect to any particular undertaking which has been obtained by virtue of regulations referred to in 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 guilty of an offence under this Act.
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(b) Nothing in paragraph (a) of this subsection shall apply to the disclosure of any information for the purposes of any legal proceedings which may be taken by virtue of that paragraph, or of any regulations referred to in this section or for the purpose of any report of any such proceedings, but, save as aforesaid, the restriction imposed by that paragraph 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.
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Licensing of air transport and commercial flying.
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15.
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(1) Regulations may be made under this Act –
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(a) for securing that aircraft shall not be used in Sri Lanka by any person-
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(i) for flying, while carrying passengers or goods for hire or reward, on such journeys or classes of Journeys (whether beginning and ending at the same point or at different points) as may be specified in the regulations; or
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(ii) for such flying undertaken for the purpose of any trade or business as may be so specified, except under the authority of, and in accordance with, a licence granted to the said person by the licensing authority specified in the regulations;
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(b) as to the circumstances in which a licence under the regulations may or shall be granted, refused, revoked or suspended, and in particular, as to the matters to which the licensing authority specified in the regulations is to have regard in deciding whether to grant or refuse such a licence ,
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(c) as to appeals from the licensing authority by persons interested in the grant, refusal, revocation or suspension of any licence under the regulations;
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(d) as to the conditions which may be attached to such a licence, (including conditions as to the fares, freight or other charges to be charged by the holder of the licence), and for securing compliance with any conditions so attached;
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(e) as to the information to be furnished by an applicant for, or the holder of, such a licence to such authorities as may be specified in regulations;
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(f) for prescribing the fees to be paid in respect of the grant of any licence under the regulations,
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and such regulations may make different provision as respects different classes of aircraft and different classes of licences.
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(2) Nothing in this section shall be taken to affect the power under section 3 of giving effect by regulations to any provision or amendment of the Chicago Convention, being a provision or amendment which authorizes the imposition of restrictions on the use of foreign aircraft.
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Provisions of Warsaw Convention to have force of law.
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16.
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(1) The Articles contained in the First Schedule, being the provisions of the Warsaw Convention, shall, so far as they relate to the rights and liabilities of carriers, passengers, consignors, consignees and other persons and subject to the provisions of this section, have the force of law in Sri Lanka in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage.
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(2) The Minister may, by Order from time to time published in the Gazette, certify who are the High Contracting Parties to the Warsaw Convention, in respect of what territories they are respectively parties and to what extent they have availed themselves of the provisions of the additional Protocol to the Convention, and any such Order shall, except in so far as it has been superseded by a subsequent Order, be conclusive evidence of the matters so certified.
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(3) Any reference in the First Schedule to the territory of any High Contracting Party shall be construed as a reference to the territories subject to his sovereignty, suzerainty, mandate or authority, in respect of which he is a party.
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(4) Any liability imposed by Article 17 of the First Schedule on a carrier in respect of the death of a passenger shall be in substitution for any liability of the carrier in respect of the death of that passenger under any taw, whether statutory or otherwise, for the lime being in force in Sri Lanka, and the provisions of the Second Schedule shall have effect with respect to the persons by and for whose benefit the liability so imposed is enforceable and with respect to the manner in which it may be enforced.
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(5) Any sum in francs mentionedin Article 22 of the First Schedule shall, for the purposes of any action against a carrier, be converted into rupees at the rate of exchange prevailing on the date on which the amount of any damages to be paid by the carrier is ascertained by the court.
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Actions against High Contracting Parties who undertake carriage by air.
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17.
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(1) Every High Contracting Party to the Warsaw Convention who has not availed himself of the provisions of the additional Protocol thereto shall, for the purposes of any suit brought in a court in Sri Lanka in accordance with the provisions of Article 28 of the First Schedule to enforce a claim in respect of carriage undertaken by him, be deemed to have submitted to the jurisdiction of that court, and accordingly any such suit may be maintained in that court. Rules to be made or deemed to have been made for that purpose under the Constitution may provide for the manner in which any such suit is to be commenced or carried on.
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(2) Nothing in the preceding provisions of this section shall be deemed or construed may be provided for by regulations. to authorize any court to attach or sell any property of a High Contracting Party to the Warsaw Convention.
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Application of section 16 and First Schedule to carriage by air which is not international.
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18. The Minister may, by Order published in the Gazette, apply the provisions of the First Schedule and any provision of section 16 to such carriage by air not being international carriage by air as defined in that Schedule, as may be specified in the Order, subject however to such exceptions, adaptations and modifications, if any, as may be so specified.
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Definition of Warsaw Convention.
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19. For the purposes of this Part of this Act and the first and Second Schedules, the expression Warsaw Convention or ” Convention ” means the convention for the unification of certain rules relating to international carriage by air which was signed at Warsaw on 12th October, 1929, and any other convention or agreement amending that Convention.
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Appointment of Director of Civil Aviation.
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20.
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(1) There may be appointed, for the purposes of this Act, whether by name or by office –
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(a) a fit and proper person, to be or to act as the Director of Civil Aviation; and
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(b) such other officers and servants as may be necessary for carrying out or giving effect to the provisions of this Act.
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(2) The Director of Civil Aviation shall exercise, perform or discharge such powers, duties or functions as may be conferred or imposed upon, or vested in him by any Order or regulations made under this Act or as may be delegated to him by the Minister as hereinafter provided.
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Delegation of powers by Minister.
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21. The Minister may, for the purposes of civil aviation, generally or specially, delegate to the Director of Civil Aviation any powers (other than the power to make regulations or Orders), duties or functions conferred or imposed upon, or vested in the Minister by or under this Act.
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Expenses.
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22. Any sums required for the contribution from Sri Lanka for the International Civil Aviation Organization set up under the Chicago Convention and all expenses incurred in the administration of this Act shall be payable out of such moneys as may be provided for the purpose by Parliament.
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Fees, & c, to be Paid into Consolidated fund.
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23. All sums paid or recovered by way of fees, charges or fines under this Act shall be payable into the Consolidated Fund.
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Regulations.
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24.
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(1) The Minister may make regulations for the purpose of carrying out or giving effect to the principles and provisions of this Act.
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(2) Without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations in respect of all matters for which regulations are required or authorized to be made under this Act.
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(3) Notwithstanding anything to the contrary in the preceding provisions of this section, the power to make regulations under section 3 (2) (n) of this Act shall be vested in, and exercised only by, the Minister in charge of the subject of Finance.
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Further matters which may be provided for by regulations.
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25. Without prejudice to the generality of the powers hereinbefore conferred by this Act, regulations under this Act may-
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(a) make different provision with reference to different classes of aircraft, aerodromes, persons or property and with respect to different circumstances and with respect to different parts of Sri Lanka but shall, so far as practicable, be so framed as not to discriminate in like circumstances between aircraft registered in Sri Lanka operated on charter terms by one air transport undertaking and such aircraft so operated by another such undertaking;
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(b) be made applicable to Sri Lanka aircraft wherever they may be ;
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(c) prohibit, require or regulate the doing of anything by persons in, or any of the crew of, Sri Lanka aircraft wherever they may be ; or
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(d) prohibit, require or regulate the doing of anything in relation to Sri Lanka aircraft by other persons, being citizens of Sri Lanka, wherever they may be.
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Power to provide for detention of aircraft.
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26. Any order or regulations made, under this Act in relation to aircraft may provide for the detention of aircraft to secure compliance with the order or regulations, as the case may be, or with any provisions of this Act in connection with which the order or regulations is or are made and may make such further provision as appears to the authority empowered to make such order or regulations, as the case may be. to be necessary or expedient for securing such detention.
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Power to provide for certain transitional matters.
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27. The power to make any order or regulations conferred by any section of this Act shall include power to make provision that any certificate or licence or other document issued or validated, or any direction or permission or authorization given, or any registration effected, under any law which has ceased to have effect as part of the law of Sri Lanka by virtue of any provision of this Act, shall, until revoked or superseded, remain in force as though the same has been issued or validated, given or effected under the order or regulations so made, as the case may be, and that such order or regulations, as the case may be, shall apply to any such certificate, licence or other document, or direction, permission, authorization or registration.
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Regulations must be published in the Gazette.
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28. Every regulation made under this Act shall be published in the Gazette and shall come into effect on such date as may be specified therein.
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Regulations must be laid before Parliament.
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29. Every regulation made under this Act shall, as soon as may be after it comes into effect as provided by section 28, be laid before Parliament, and it a resolution is passed by Parliament, within forty days after the regulation is so laid, that the regulation shall be annulled, the regulation shall with effect from the date of the resolution be void, but without prejudice to anything previously done thereunder.
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Every regulation which is not so annulled shall be as valid and effectual as though it were herein enacted.
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Power to apply to aircraft provisions of law relating to detention of ships.
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30. The provisions of any law for the time being in force in Sri Lanka relating to the detention of ships may, with the necessary modifications, be applied by the Minister, by Order published in the Gazette, to the detention of aircraft.
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Jurisdiction.
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32.
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(1) Any offence under this Act, and any offence whatever committed on a Sri Lanka 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.
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(2) Rules to be made or deemed to have been made under the Constitution for the purpose may make provision as to the courts in which proceedings may be taken for enforcing any claim under this.-. Act, or any other claim in respect of aircraft, and in particular may provide for conferring jurisdiction in any such proceedings on any court exercising admiralty jurisdiction and applying to such proceedings any rules of practice or procedure applicable to proceedings in admiralty.(* Section 31 is omitted, as its provisions are covered by section 7 of the Interpretation Ordinance and have taken effect.)
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Proof of instrument made or issued by Minister.
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33.
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(1) Every document purporting to be an Order or other instrument, made or issued by the Minister in pursuance of any provision contained in. or having effect under, this Act, and to be signed by him or on his behalf, shall be received in evidence and shall, until the contrary is proved, be deemed to be an instrument made or issued by him.
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(2) Prima facie evidence of any such instrument as aforesaid may in any legal proceedings be given by the production of a document purporting to be certified to be a true copy of the instrument by, or on behalf of, the Minister.
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Offences.
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34. Any person who-
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(a) contravenes or fails to comply with any provision of any regulation or order made under this Act; or
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(b) obstructs or impedes any person in the exercise of his powers and duties under this Act or under any regulation or order made thereunder, shall be guilty of an offence under this Act.
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Penalties.
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35. Every person who is guilty of an offence under this Act shall on conviction be liable to a fine not exceeding two thousand rupees or to imprisonment of either description for a term not exceeding one year, or to both such fine and imprisonment.
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Power of court to order forfeiture.
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36. Where any person is convicted of an offence under this Act, the court by which he is convicted may, in addition to any other penalty that may be imposed for the offence, direct that the aircraft or article, if any, in respect of which the offence was committed, shall be forfeited to the State.
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Offences to be cognizable and to be Enable by Magistrates.
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37. All offences under this Act shall be cognizable offences for the purpose of the application of the provisions of the Code of Criminal Procedure Act, notwithstanding anything contained in the First Schedule of that Act, and shall be triable summarily by a Magistrate.
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interpretation.
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38.
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(1) In this Act, unless the context otherwise requires –
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“aerodrome” means any definite or limited ground or water area intended to be used, either wholly or partly, for the landing or departure of aircraft and all buildings, sheds, vessels, piers, and other structures thereon or appertaining thereto;
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” aircraft” means any machine that can derive support in the atmosphere from the reactions of the air;
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” airship” means any power-driven lighter-than-air aircraft
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” balloon” means a non-power-driven lighter-than-air aircraft,
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” Chicago Convention” means the Convention on International Civil Aviation which was signed at Chicago on the 7th day of December, 1944, as amended by any subsequent convention or agreement;
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” citizen of Sri Lanka ” means a citizen of Sri Lanka under any law for the time being in force ;
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” crew”, in relation to an aircraft, includes any person having duties on board in connection with the flying or the safety of the flight of the aircraft or employed on board in any way in the service of the aircraft, the passengers or the cargo;
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“customs aerodrome” means an aerodrome for the time being appointed as a place of landing and departure of aircraft for the purposes of the law relating to customs;
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” damage or loss ” includes, in relation to persons, loss of life and personal injury;
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” flying machine ” includes all aeroplanes, seaplanes, flying boats, or other aircraft heavier than air and having means of propulsion;
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” foreign aircraft” means aircraft not registered in Sri Lanka under this Act;
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“glider” means a non-power-driven heavier-than-air aircraft deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;
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” land ” includes land covered with water and any right in or over land ;
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” licensed aerodrome” means an aerodrome licensed under regulations made under this Act;
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“proprietor of the aerodrome ” means, in relation to any premises used or appropriated for use as an aerodrome, the person carrying on or entitled to carry on the business of an aerodrome in those premises, or, in the case of an aerodrome which is established or maintained by or on behalf of the Government, the officer in charge of the aerodrome;
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” Schedule” means a Schedule to this Act;
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” Sri Lanka aircraft” means aircraft registered in Sri Lanka under this Act.
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(2) Any reference in this Act to goods or articles shall be construed as including a reference to mails or animals, and 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.
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(3) In this Act, the expression ” purposes of civil aviation” includes all purposes connected with air navigation, except purposes of the defence of Sri Lanka by air.
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(4) Any reference in the First Schedule to agents shall be construed as including a reference to servants.
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Savings of certain regulations.
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40. The Air Navigation Regulations, 1938, and the Air Navigation (Customs) Regulations, 1983, shall continue in force as though they were regulations made under this Act and may be amended or rescinded by regulations so made.(* Section 39 ], omitted, is its provisions relate to the Air Navigation Acts. 1920 10 1947, and the Carriage by Air Act, 1932, of the United Kingdom, and Orders in Council made thereunder, which, by that section, are declared to have ceased to have effect as part of the law of Ceylon (now Sri Lanka).)
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Non- application of the Act and the orders and regulations or made thereunder.
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41. The provisions of this Act or of any orders or regulations made thereunder shall not apply to any aircraft or aerodrome exclusively employed or used in the service or for the purposes of the Armed Forces of the Republic:
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Provided that the Minister in charge of the subject of Defence may, by Order published in the Gazette, apply, with or without modification, any such provisions to any such aircraft or aerodrome.
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Schedules
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Chapter 230 |