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Aerodromes and Air Navigation Aids Ordinance

LAWS OF THE GILBERT ISLANDS
REVISED EDITION 1977

CHAPTER 1

AERODROMES AND AIR NAVIGATION AIDS

ARRANGEMENT OF SECTIONS

Section

1. Short title
2. Interpretation
3. Application of Ordinance
4. Establishment and maintenance of air navigation aids
5. Declaration of controlled areas
6. Power to prohibit or regulate erection of structures, etc., in controlled areas
7. Power to order removal or reduction in height of structures, etc., in controlled areas
8. Power to enter
9. Compensation
10. Payment into court
11. Services of orders and notices
12. Offences
13. Power to make regulations

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2 of 1968
2 of 1969
8 of 1971
(Cap. 92 of 1973)
26 of 1977

An Ordinance to provide for the management, control and supervision of aerodromes, for the safety of aircraft flying in the vicinity thereof and for the establishment and safe operation of aids to navigation, and for matters incidental thereto and connected therewith

Commencement: 10th August 1968

Short title

1. This Ordinance may be cited as the Aerodromes and Air Navigation Aids Ordinance.

Interpretation

2. In this Ordinance unless the context otherwise requires -

"aerodrome" means any area of land or water designed, equipped or set apart or commonly used for affording facilities for the landing and departing of aircraft;

"air navigation aid" includes any apparatus or device used or intended for use for the determination of the position of an aircraft relative to a point on the surface of the earth or as a means of guidance for the navigation of aircraft;

"controlled area" means an area declared as such under section 5;

"Government aerodrome" means an aerodrome operated by and under the control of the Government;

"structure" includes any building whether permanent or temporary and whether used for 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;

"valuable tree" means any tree or other vegetation of economic value to its owner.

Application of Ordinance

3. This Ordinance shall apply to -

(a) all aerodromes licensed under the Air Navigation (Overseas Territories) Order 1977, and all Government aerodromes;

(b) all air navigation aids established under section 4, and the sites upon which such aids are situated; and

(c) all aerodromes, air navigation aids and the sites thereof to which the Minister may by notice apply the provisions of this Ordinance.

Establishment and maintenance of air navigation aids

4. (1) The Minister may establish and maintain air navigation aids and provide in connection therewith roads, approaches, apparatus, equipment and buildings and other accommodation.

(2) The Minister may authorise the establishment and maintenance of air navigation aids and the provision in connection therewith of roads, approaches, apparatus, equipment and buildings and other accommodation, by any person (hereinafter referred to in this Ordinance as the operator of the aid) approved by him for that purpose, if it appears to him that such an air navigation aid is required for the safe and efficient navigation of aircraft within or over the Gilbert Islands.

(3) It is hereby declared that the use of land for or in connection with the establishment or maintenance of air navigation aids is a public purpose for the purposes of the Crown Acquisition of Lands Ordinance.

Declaration of controlled areas

5. When the Minister is satisfied that -

(a) it is or is likely to become necessary for the safety of air navigation in the vicinity of any aerodrome to which this Ordinance applies; or

(b) for securing the efficient operation of any air navigation aid to which this Ordinance applies,

that any area within the Gilbert Islands should be cleared or kept clear of obstructions, the Minister may by notice declare such area to be a controlled area for the purpose of this Ordinance.

Power to prohibit or regulate erection of structures, etc., in controlled areas

6. (1) The Minister, or any public officer authorised by him in that behalf, may at any time by order prohibit absolutely or conditionally, or regulate the erection of, any structure above a height specified in such order, or the planting of any tree or other high-growing vegetation, within a controlled area or any par, thereof.

(2) A copy of every order made under subsection (1) shall be served upon the owners and the occupiers of all land affected by such order.

Power to order removal or reduction in height of structures, etc., in controlled areas

7. (1) The Minister, or any public officer authorised by him in that behalf, may, by notice in writing served upon the owner or occupier of any land subject to an order made under section 5, require such owner or occupier within such reasonable time as shall be specified in the notice -

(a) to remove or, reduce in height any structure, tree or other high-growing vegetation on such land which is above the height specified in the order, or likely to cause an obstruction to aircraft or to interfere with the efficient working of any air navigation aid; and

(b) to take such steps in regard to, or to effect such alterations to, any structure, tree or other high-growing vegetation oil any land within a controlled area, or any part of such area, as may be necessary to comply with any conditions imposed by any such order applicable to that structure, tree or other high-growing vegetation,

whether such structure was erected or tree or other high-growing vegetation existed before the making of such order or whether such structure was erected or tree or other high-growing vegetation was planted in contravention of such order.

(2) If default shall be made in compliance with any written notice made under subsection (1), any officer authorised by the Minister in that behalf and any person employed under the supervision of such officer, may enter upon such land and cause such action to be taken as is required and where the structure was erected or the tree or other vegetation permitted to grow in breach of an order under section 6 the costs or expenses necessarily incurred may be recovered as a civil debt from the person in default.

Power to enter

8. Any officer authorised by the Minister in that behalf and any person employed in that behalf under the supervision of any such officer, may, upon production of his authority if demanded, from time to time enter upon, survey and take levels of any controlled area and may do all other acts necessary to survey, take levels and mark the boundaries of such area or any part thereof:-

Provided that no such officer or person shall enter into a building or enclosed garden or compound attached to any building without the consent of the occupier unless he does so at a reasonable time, having previously given such occupier at least 1 clear day's notice in writing of his intention so to do.

Compensation

9. (1) No damages or compensation in respect of any order made, notice given or act done under this Ordinance shall be recoverable otherwise than in accordance with the provisions of this section.

(2) If the value of any land included within an area declared by notice under section 5 to be a controlled area or subject, to an order under section 6, as the case may be, has, in relation to the current value of neighbouring land not included within such area nor subject to such order, depreciated by reason of such inclusion or order, the owner or occupier of such land shall be entitled to compensation in respect of the depreciation in value.

(3) Where any structure or valuable tree or plant is removed, altered or reduced in height or any expense is reasonably incurred in complying with the requirements of any written notice under section 7 (1), the person suffering the loss or damage shall be compensated to the extent to which he has suffered damage, or has incurred such expense:

Provided that no compensation shall be payable for any loss or damage suffered or any expense incurred in consequence of the removal, alteration or reduction in height of any structure, tree, or other vegetation which has been erected or planted in contravention of any order or condition imposed by such notice.

(4) Any compensation due under subsection (2) or subsection (3), or in respect of any damage arising out of the exercise of any of the powers conferred by section 8, shall be payable by the Government.

(5) Without prejudice to its liability to pay any compensation under subsection (4) the Government may enter into a contract of indemnity with the owner of any aerodrome not being a Government aerodrome, the operator of any air navigation aid authorised by the Minister under section 4(2), or any other person, in respect of any compensation that may be payable by the Government under or in pursuance of this ordinance, and may in pursuance of such contract recover any such compensation paid or any part thereof.

(6) Where any damage is done to property in the exercise of any power conferred by section 8, the owner or occupier shall receive compensation to the extent to which he has suffered damage.

(7) No person shall be entitled to claim compensation under this Ordinance unless he shall have given written notice of his claim to the administrative officer in charge of the district for the area within which the property affected is situated -

(a) in the case of a claim to compensation under subsection (2), within 12 months of the date of a notice under section 5 or of an order under section 6;

(b) in the case of a claim to compensation under subsections (3) and (6), within 6 months of the date on which expense was incurred or the act causing damage was committed:

Provided that the Minister may, if he shall think fit, extend the time for giving notice of any claim.

(8) The amount of any compensation which may be payable under the provisions of this section shall be determined by agreement and in the absence of such agreement shall, upon the application of any interested party, be determined by a magistrates' court where the amount in dispute does not exceed $1000, and in all other cases by the High Court.

Payment into court

10. (1) Where any compensation is payable under section 9 and the identity of the person or persons entitled to such compensation is not known, or is in doubt, or is disputed, the compensation may be paid into a magistrates' court where it does not exceed $1000, and in all other cases into the High Court.

(2) Upon being so paid the compensation shall be irrebuttably presumed to have been paid to the person or persons entitled thereto; and such presumption shall not be questioned in any proceedings whatsoever.

(3) Any person claiming to be entitled to payment of the whole or any part of the compensation so paid into court, may, within 12 years of the payment into court, make application to the court for payment to him of the compensation or part thereof.

(4) The court may of its own motion or upon application by a claimant, order the whole or part of any sum paid into court under this section to be paid to any person or persons.

(5) Where any compensation paid into court under this section has not been paid out within 12 years, it shall be credited to the Consolidated Fund.

Service of orders and notices

11. Every order or notice required to be served upon or given to any person under sections 6, 7 and 8 shall be served upon him personally or by registered post:

Provided that where the person cannot, after reasonable enquiry, be found or is out of the Gilbert Islands, it shall be deemed sufficient service to affix the order or notice upon the property affected thereby.

Offences

12. Any person who erects any structure or plants any tree in contravention of any order under section 6 or who obstructs any officer or person in the due exercise of his powers or performance of his duties under this Ordinance or any regulation thereunder, shall be guilty of an offence and, where no other penalty is expressly provided, shall be liable to a fine of $200 and to imprisonment for 6 months.

Power to make regulations

13. (1) The Minister may make regulations for all or any of the following purposes -

(a) prescribing anything by this Ordinance required to be prescribed;

(b) providing for the management, control and supervision of those aerodromes, air navigation aids and the sites thereof to which this Ordinance applies;

(c) prohibiting, regulating and restricting the admission of persons to aerodromes and sites to which this Ordinance applies, or to any part thereof;

(d) prohibiting, regulating and restricting the use of vehicles, vessels, or any other thing whatsoever on such aerodromes or sites or any part thereof;

(e) providing for the removal or destruction of horses, cattle, mules, donkeys, sheep, goats, pigs, dogs and any other animals trespassing on any such aerodrome or site;

(f) prescribing the fees payable or charges which may be made for the use of Government aerodromes and for any services performed or rendered at such aerodromes and the conditions to be observed in relation to such use and services, in particular the terms and conditions upon which aircraft shall be accepted for storage and parking;

(g) prescribing the fees to be paid for the use of air navigation aids to which this Ordinance applies and the conditions to be observed in relation to such use and the manner of payment and recovery of such fees;

(h) generally, carrying into effect the provisions of this Ordinance.

(2) Regulations made under this section may be general or may be restricted to any particular aerodrome, air navigation aid or site thereof.

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[Subsidiary]

SUBSIDIARY LEGISLATION

Exercise of powers under sections 6, 7 and 8

G.N. 35/74

The Director of Civil Aviation is authorised to exercise the powers and perform the duties under sections 6, 7 and 8.

Regulations under section 13

(1) Aerodromes Regulations.
(2) Aerodromes (Water Aerodromes) Regulations.
(3) Government Aerodromes (Landing and Take Off Fees) Regulations.

(1) AERODROMES REGULATIONS

L.N. 19/64
8 of 1971
L.N. 16/74
L.N. 43/75

Citation and interpretation

1. (1) These Regulations may be cited as the Aerodromes Regulations, and shall apply to such aerodromes to which the Ordinance applies as the Minister may by notice designate.

(2) In these Regulations, unless the context otherwise requires -

"aerodrome" means an aerodrome to which these Regulations apply;

"aerodrome manager" means in respect of any aerodrome the person for the time being appointed by the Minister to be the manager thereof;

"vehicle" does not include any aircraft.

Certain acts without permission prohibited within aerodrome

2. Within an aerodrome the following acts are prohibited -

(1) obstructing or interfering with the proper use of the aerodrome;

(2) obstructing any person acting in the execution of his duty in relation to the aerodrome;

(3) remaining on the aerodrome after having been required to leave it by a police officer or the aerodrome manager;

(4) allowing any vehicle or animal to be on the aerodrome after having been required to remove it or after its presence on the aerodrome has been forbidden by a police officer or the aerodrome manager;

(5) boarding or attempting to board any aircraft without the authority of the person in charge of it;

(6) tampering ,or interfering with any aircraft or anything used in connection with an aircraft without the authority of the person in charge of the aircraft or thing;

(7) smoking in or otherwise bringing or lighting any naked light into or in -

(a) any place where any such act is prohibited by notice; or

(b) any place within 50 feet of an aircraft or a store of liquid fuel or explosive;

(8) any act causing or tending to cause an outbreak of fire;

(9) throwing, leaving or dropping anything capable of causing injury to any person or property;

(10) climbing any wall, fence, barrier, railing or post;

(11) wilfully giving a false fire or ambulance alarm;

(12) failure to place an aircraft in any place and position appointed by the aerodrome manager for that purpose;

(13) failure properly to moor or otherwise secure any stationary aircraft which is not in a hangar;

(14) driving or placing a vehicle carelessly or dangerously or without due consideration for persons using the aerodrome;

(15) failure by the driver of a vehicle to stop when required by a police officer to do so;

(16) failure by the driver of a vehicle which is involved in an accident to give his name and address and the name and address of the owner of the vehicle to any person having reasonable grounds for requiring them;

(17) failure by the driver of a vehicle forthwith to report to a police officer any accident in which the vehicle is involved;

(18) failure by the driver of a vehicle to comply with any direction for the regulation of traffic given by a police officer or a traffic sign erected by the aerodrome manager;

(19) parking a vehicle elsewhere than in a place provided for that purpose;

(20) failure by the person in charge of a vehicle to remove it from any parking place when required to do so;

(21) failure to keep any animal under control;

(22) using any language likely to cause offence or annoyance to any person;

(23) indecent or disorderly behaviour;

(24) being intoxicated;

(25) dropping or leaving litter except in a receptacle provided for the purpose.

Certain acts without permission prohibited within aerodrome

3. Within an aerodrome the following acts are prohibited unless the permission of the aerodrome manager has first been obtained -

(1) entering or leaving the aerodrome otherwise than through a gate or entrance for the time being provided for that purpose;

(2) entering any part of the aerodrome to which members of the public are not for the time being admitted;

(3) removing, displacing, damaging, defacing or altering any building, structure or other property, whether movable or immovable (including any notice), forming part of or provided for or in connection with the aerodrome;

(4) digging soil or cutting or removing turf;

(5) grazing animals;

(6) selling or distributing anything, offering anything for sale or hire, or making any offer of services;

(7) posting, distributing or displaying any signs, advertisements, circulars or printed or written matter except with the approval of the aerodrome manager and in the manner approved by him;

(8) leaving a vehicle on the aerodrome longer than is reasonably necessary for the transaction of the business for the purpose for which it was brought there;

(9) driving a vehicle elsewhere than in a place provided for the passage or accommodation of such a vehicle;

(10) filling or discharging from any container (including any part of a vehicle) liquid fuel elsewhere than in a place approved for that purpose by the aerodrome manager;

(11) lighting a fire elsewhere than in a place constructed for that purpose;

(12) walking on or otherwise damaging any flower-bed or anything growing therein;

(13) removing, picking or otherwise damaging any tree, shrub or plant.

Starting aircraft engines on aerodromes

4. (1) No person shall start or run any engine in any aerodrome unless a competent person is in the aircraft attending the engine controls. Blocks equipped with ropes or other suitable means of pulling them shall always be placed in front of the wheels of any aircraft before starting the engine or engines unless the aircraft is provided with adequate parking brakes and use is made of such brakes.

(2) For the purpose of this regulation "a competent person" means a person holding a pilot's or aircraft maintenance engineer's licence.

Operating radio equipment, etc.

5. (1) No person shall operate any radio equipment in any aircraft when such aircraft is in a hangar on the aerodrome.

(2) No person shall operate on the aerodrome any device that may cause interference to aircraft communications or around communication services.

No person shall enter upon or remain in the aerodrome

Remaining on aerodrome to peril of passengers, etc.

6. No person shall enter upon or remain in the aerodrome in circumstances in which the safety of any aircraft or its passengers or crew is likely to be imperilled or the proper functioning of the aerodrome impeded.

Destruction of trespassing livestock

7. (1) It shall be lawful for the aerodrome manager, or any police officer, when in the opinion of such manager or officer such action is necessary to restock, to shoot or destroy any livestock found trespassing to ensure the safety of aircraft, on the aerodrome.

(2) No aerodrome manager, or police officer, shall be liable for any suit, claim or demand by reason of anything done by him in his official capacity in good faith pursuant to this regulation.

Offences and Penalties

8. (1) Any person who commits an act prohibited by the provisions of these Regulations is guilty of an offence.

(2) Any person who contravenes or fails to comply with any of the provisions of regulations 4, 5 and 6 is guilty of an offence.

(3) Any person who is guilty of an offence under these Regulations is liable to a fine of $100 and to imprisonment for 6 months.

Aerodromes to which the Aerodromes Regulations apply by designation under regulation 1(1) of the said Regulations

L.N. 44/75

The aerodromes on the islands specified in Column (1) of the following Table, the limits of which aerodromes are delineated in red on plans deposited with the Chief Lands officer and numbered in respect of each aerodrome as shown in Column (2) of the Table -

(2) AERODROMES (WATER AERODROMES) REGULATIONS

L.N. 16/64
8 of 1971
L.N. 16/74

Citation and Interpretation

1. (1) These Regulations may be cited as the Aerodromes (Water Aerodromes) Regulations and shall apply to such government aerodromes as the Minister may by notice appoint.

(2) In these Regulations, unless the context otherwise requires -

"aerodrome" means an aerodrome to which these Regulations apply;

"aerodrome manager" means in respect of any aerodrome the person for the time being appointed by the Minister to be the manager thereof;

"vessel" does not include any aircraft.

Certain acts within aerodromes prohibited

2. Within any aerodrome the following acts are prohibited -

(1) obstructing or interfering with the proper use of the aerodrome;

(2) obstructing any person acting in the execution of his duty in relation to the aerodrome;

(3) boarding or attempting to board any aircraft without the authority of the person in charge of it;

(4) tampering or interfering with any aircraft or anything used in connection with an aircraft without the authority of the person in charge of the aircraft or thing;

(5) smoking in or otherwise bringing or lighting any naked light onto or in -

(a) any place where such act is prohibited by notice posted on or near such a place; or

(b) any place within 50 feet of an aircraft or a store of liquid fuel or explosive;

(6) any act causing or tending to cause an outbreak of fire;

(7) failing to place an aircraft in any place or position appointed by the aerodrome manager for that purpose;

(8) failure to moor or otherwise properly secure a stationary aircraft;

(9) without the permission of the aerodrome manager, displacing, damaging, defacing or altering any structure or other property, whether movable or immovable (including any notice) forming part of or provided for or in connection with the aerodrome.

Removal etc. of vessels within aerodromes at certain times

3. (1) The manager of any aerodrome may without notice at any time between sunrise and sunset cause a yellow flag to be flown from a flag-post or other conspicuous place within the aerodrome and, while such flag is being so flown, allowing any vessel to remain within the aerodrome, or the bringing, anchoring or mooring of any vessel within the aerodrome is prohibited, and any person who, while such flag is being so flown -

(i) brings, anchors or moors any vessel within the aerodrome; or

(ii) upon being required so to do by the aerodrome manager, the Chief Customs Officer or any police officer fails or neglects to remove forthwith from the aerodrome any vessel in his charge or control:

such vessel not being exempted from the provisions of this regulation under the provisions of paragraph (3) of this regulation, shall commit an offence.

(2) The Chief Customs Officer, the manager of the aerodrome, or any police officer may remove or cause to be removed any vessel anchored, moored or otherwise within any aerodrome in contravention of this regulation and no Chief Customs Officer, aerodrome manager or police officer (or any person acting under the authority of any of them) shall be liable for any suit, claim or demand by reason of anything done by him in his official capacity and in good faith pursuant to this paragraph.

(3) Nothing in this regulation shall apply to any vessel exempted by the Chief Customs Officer or the aerodrome manager or to any vessel which is within the aerodrome because the stress of weather, or the condition of the vessel, makes it unsafe to remove it therefrom.

Remaining on aerodrome to peril of passengers; etc.

4. No person shall enter upon or remain in an aerodrome to which these Regulations apply in circumstances in which the safety of any aircraft or its passengers or crew is likely to be imperilled or the proper functioning of the aerodrome impeded.

Starting or running engines on aerodromes

5. (1) No person shall start or run any engine in any aircraft on any aerodrome to which these Regulations apply unless a competent person is in the aircraft attending the engine control.

(2) For purposes of this regulation "a competent person" means a person holding a pilot's or aircraft maintenance engineer's licence.

Operating devices which interfere with certain communications

6. No person shall on any aerodrome to which these Regulations apply operate any device which may cause interference to aircraft communications or ground communication services.

Offences and penalties

7. (1) Any person who commits an act prohibited by the provisions of these Regulations is guilty of an offence.

(2) Any person who contravenes or fails to comply with any of the provisions of regulations 3, 4, 5 and 6 is guilty of an offence.

(3) Any person who is guilty of an offence under these Regulations is liable to a fine of $100 and to imprisonment for 6 months.

Government aerodrome to which the Aerodromes (Water Aerodromes) Regulations apply by notice under regulation 1(1) of the said Regulations

L.N. 18/64

TARAWA LAGOON AERODROME being all that area of water within the following limits, that is to say, bounded by a line commencing at a point being the site of the beacon in the position approximately 1 degree 19 minutes 52 seconds Latitude North and 172 degrees 58 minutes 35 seconds Longitude East as shown on Admiralty chart number 3269 (Edition of 5th January 1962, corrected to include small correction number 2040 of 1962) (which point is hereinafter referred to as "the point of commencement") and thence in a straight line on a true bearing of 005 degrees for a distance of 1.62 nautical miles, thence in a straight line on a true bearing of 126 degrees for a distance of 1.12 nautical miles, thence in a straight line on a true bearing of 084 degrees for a distance of 1.2 nautical miles, thence in a straight line on a true bearing of 180 degrees for a distance of 0.53 nautical miles, thence in a straight line on a true bearing of 256 degrees for a distance of 2.23 nautical males to the point of commencement.

(3) GOVERNMENT AERODROMES (LANDING AND TAKE OFF FEES) REGULATIONS

L.N. 6/71
L.N. 49/76
L.N. 77

Citation

1. These Regulations may be cited as the Government Aerodromes (Landing and Take Off Fees) Regulations.

Landing fees

2. (1) Subject to the exemptions specified in regulation 4, a landing fee based on the weight of aircraft as specified in Column 1 of the Schedule shall be payable at the rate specified in Column 2 thereof in respect of each landing of an aircraft at a Government aerodrome.

(2) The weight of an aircraft for the purposes of Column 1 of the Schedule shall be the maximum total weight as stated in the aircraft's certificate of airworthiness.

Fees for Landings and the take offs outside normal of working hours

3. (1) In addition to any landing fee prescribed by regulation 2 which may be payable, a fee of $10 shall be paid in respect of each landing or take off of an aircraft at a Government aerodrome which takes place outside normal working hours.

(2) For the purpose of this regulation the time of the landing or take off of an aircraft shall be the time officially recorded for that landing or take off by the flight service officer.

(3) In this regulation "normal working hours" means the hours from 8 a.m. to 4.30 p.m. on every Monday, Tuesday, Wednesday, Thursday or Friday other than a public holiday.

Exemptions

4. (1) Landing fees prescribed by regulation 2 shall not be charged in respect of test flights carried out shortly before the intended departure of any aircraft if:

(a) such flights are undertaken solely for the purpose of testing the aircraft, engines or instruments on the aircraft; and

(b) before the flight the operator or the pilot in command of the aircraft shall notify the person in control of the aerodrome of the intended flight.

(2) Exemption from fees prescribed by these Regulations shall be accorded to the following classes of aircraft -

(a) State aircraft;

(b) official aircraft of Her Majesty's or any Commonwealth Government;

(c) aircraft engaged on search and rescue flights;

(d) aircraft engaged on a scheduled or extra to schedule internal air journey operated by virtue of an air service licence.

(3) Exemption from fees prescribed by regulation 3 shall be accorded to aircraft engaged on scheduled international air journeys.

Reduction of fee in respect of certain international flights

5. Notwithstanding regulation 2, the landing fee payable shall be reduced by 50 per cent in respect of each landing of an aircraft on an international flight of less than 500 miles.

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SCHEDULE