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Ministry of Transport Act 1978

CONSOLIDATED ACTS OF SAMOA 2009

MINISTRY OF TRANSPORT ACT 1978

Arrangement of Provisions

1. Short title and commencement
2. Interpretation
3. Ministry of Transport
4. Functions of Ministry
5. Powers of Minister
6. Secretary for Transport
6A. Administrator of Civil Aviation
7. Appointment of Assistant Secretaries and other officers and employees
8. Delegation of powers by Minister
9. Delegation of power by Secretary
10. Annual report
11. Regulations
12. Consequential amendments
13. Repeals
Schedules

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THE MINISTRY OF TRANSPORT ACT 1978
1978 No.32

AN ACT to establish the Ministry of Transport to provide for the development and administration of an efficient and economical transport policy for Samoa, and to provide for matters incidental thereto.

(18 December 1978)

1. Short tile and commencement - This Act may be cited as the Ministry of Transport Act 1978 and shall come into force on a date to be appointed by the Head of State, acting on the advice of Cabinet, by Order.

2. Interpretation - In this Act, unless the context otherwise requires:

"Administrator of Civil Aviation" means the Administrator of Civil Aviation appointed under this Act.

"Government" means to Government of Samoa.

"Minister" means the Minister of Transport.

"Ministry" means the Ministry of Transport established by this Act.

"Secretary" means the Secretary for Transport appointed under this Act.

3. Ministry of Transport - There is hereby established a Department of the Government, to be called the Ministry of Transport, which, under the control of the Minister, shall be charged with the administration of this Act and of the enactments specified in the First Schedule to this Act and with such other functions as may be lawfully conferred on it.

4. Functions of Ministry - (1) The Ministry shall have and undertake such functions as are necessary for the due and proper administration of this Act and the other Acts administered by the Ministry and for the development of an efficient and economical transport policy for Samoa.

(2) Without limiting the general functions specified in subsection (1) of this section, the Ministry shall have the following functions:

(a) It shall be responsible for advising the Minister on the development of an efficient transport policy for Samoa;

(b) It shall undertake research into all aspects of transportation, including the economics of the various forms of transport, whether by land, sea, or air;

(c) It shall be responsible for advising the Minister on investment in transport, whether by land, sea, or air, with particular reference to priorities for Government or other expenditure.

5. Powers of Minister - (1) The Minister shall have a general superintendence and control over all matters relating to ports and shipping, and civil aviation which fall within the competence of the Government.

(2) For the purpose of enabling the Ministry to carry out its functions, the Minister may:

(a) Give such directions on matters relating to ports and shipping and road transport to the Secretary as the Minister thinks fit in connection with the administration of this Act or any other Act administered by the Ministry;

(b) Give such directions on matters of civil aviation to the Administrator of Civil Aviation as the Minister thinks fit in connection with the administration of this Act or any other Act administered by the Ministry;

(c) Exercise such powers as are conferred on the Minister by this Act or any other enactment;

(d) Exercise such other powers as are reasonably necessary for effective performance of the functions of the Ministry.

(3) Where the Minister is authorised to enter into any contract or agreement or make any lease under this Act or any other Act, all the rights and liabilities in respect thereof and all benefit and advantage thereunder or interest therein shall vest in his or her successor or successors in office without the necessity of any transfer or assignment whatsoever.

6. Secretary for Transport - There shall from time to time be appointed as an officer of the Public Service a Secretary for Transport, who shall be the administrative head of the Ministry.

6A. Administrator of Civil Aviation - (1) The Head of State, acting on the advice of Cabinet, shall from time to time appoint an Administrator of Civil Aviation who shall be directly responsible in the performance of his or her functions and the exercise of his or her powers to the Minister.

(2) The appointment of the Administrator of Civil Aviation shall be for such term or terms and under such conditions as may be determined by the Head of State acting on the advice of Cabinet.

(3) The Administrator of Civil Aviation shall where reasonably possible be a person experienced in civil aviation matters and who is or has been the holder of a licence as an air transport pilot, air traffic controller or aircraft maintenance engineer.

(4) There shall be appointed in accordance with the Public Service Act 1977 such other officers and employees as may be considered necessary to assist the Administrator of Civil Aviation in the performance of his or her functions and exercise of his or her powers.

(5) The appointments, dismissals, salaries and conditions of employment of all officers and employees appointed under subsection (4) of this section shall be subject to the provisions of the Public Service Act 1977.

7. Appointment of Assistant Secretaries and other officers and employees - (1) There shall from time to time be appointed in accordance with the Public Service Act 1977 an Assistant Secretary Marine Division of the Ministry, an Assistant Secretary Planning and Development Division of the Ministry, and such other officers and employees of the Ministry as may be necessary for the efficient administration of this Act and of the other Acts administered by the Ministry.

(2) Except for officers and employees of the Ministry employed on civil aviation matters, all officers and employees of the Ministry shall act under the direction of the Secretary in the exercise and performance of the powers, duties, and functions conferred or imposed on them by this Act or any other enactment, and shall have all such powers, duties, and functions as may be conferred upon them by that enactment or may be delegated or assigned to them by the Secretary.

(3) All officers and employees of the Ministry employed on civil aviation matters shall act under the direction of the Administrator of Civil Aviation in the exercise and performance of the functions imposed on them by this Act or any other enactment, and shall have all such powers, duties, and functions as may be conferred upon them by that enactment or may be delegated or assigned to them by the Administrator of Civil Aviation.

8. Delegation of powers by Minister - (1) Except for the powers of the Minister relating to matters of civil aviation the Minister may from time to time, either generally or particularly, delegate to the Secretary all or any of the powers which are conferred on him or her as Minister of Transport by any enactment, including powers delegated to him or her under any enactment, but not including the power to delegate under this section or the power to consent to a delegation under section 9 of this Act.

(2) Subject to any general or special directions given or conditions attached by the Minister, the Secretary may exercise any powers delegated to him or her as aforesaid in the same manner and with the same effect as if they had been conferred on him or her directly by this section and not by delegation.

(3) Unless and until any such delegation is revoked, it shall continue in force according to its tenor. In the event of the Minister by whom any such delegation has been made ceasing to hold office, it shall continue to have effect as if made by the person for the time being holding office as Minister.

(4) In the event of the Secretary to whom any such delegation has been made ceasing to hold office, it shall continue to have effect as if made to the person for the time being holding office as Secretary or, if there is no Secretary in office or if the Secretary is absent from duty, to the person for the time being directed under the Public Service Act 1977 to act in the place of the Secretary.

(5) Where the Secretary or any other person purports to act pursuant to any delegation under this section, he or she shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.

(6) Every such delegation shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Minister.

(7) The Minister may from time to time, either generally or particularly, delegate to the Administrator of Civil Aviation all or any of the powers relating to matters of civil aviation which are conferred on him or her as Minister of Transport by any enactment, including powers delegated to him or her under any enactment, but not including the power to delegate under this section or the power to consent to a delegation under section 9 of this Act.

(8) Subsections (2), (3), (4), (5) and (6) of this section shall also apply to a delegation of power under subsection (7) but with the necessary modifications.

9. Delegation of powers by Secretary or Administrator of Civil Aviation - (1) The Secretary or Administrator of Civil Aviation may from time to time, either generally or particularly, delegate to such officer or officers or employee or employees of the Ministry as he or she thinks fit all or any of the powers exercisable by him or her under any enactment, including any powers delegated to him or her under any enactment but not including this present power of delegation:

PROVIDED THAT the Secretary or Administrator of Civil Aviation shall not delegate any powers delegated to him or her by the Minister without the written consent of the Minister.

(2) Subject to any general or special directions given or conditions attached by the Secretary, or Administrator of Civil Aviation the officer or employee to whom any powers are delegated under this section may exercise these powers in the same manner and with the same effect as if they had been conferred on him or her directly by this section and not by delegation.

(3) Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.

(4) Any delegation under this section may be made to a specified officer or employee or to officers or employees of a specified class, or may be made to the holder or holders for the time being of a specified office or class of offices.

(5) Any delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Secretary or Administrator of Civil Aviation.

(6) Any such delegation shall, until revoked, continue in force according to its tenor, notwithstanding the fact that the Secretary or Administrator of Civil Aviation by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the successor in office of that Secretary or Administrator of Civil Aviation.

(7) Notwithstanding anything to the contrary in the foregoing provisions of this section:

(a) The Secretary may delegate his or her powers under this section only to officers or employees of the Ministry who are not employed on civil aviation matters;

(b) The Administrator of Civil Aviation may delegate his or her powers under this section only to officers and employees of the Ministry who are employed on civil aviation matters.

10. Annual report - (1) The Secretary shall as soon as practicable after the end of each financial year furnish to the Minister a report on the operations of the Ministry for that year.

(2) A copy of the report shall be laid before the Legislative Assembly within 28 days after it has been furnished to the Minister if the Legislative Assembly is then in session, and, if not, shall be laid before the Legislative Assembly within 28 days after the commencement of the next ensuing session.

11. Regulations - The Head of State, acting on the advice of Cabinet, may from time to time make regulations providing for such matters as are contemplated by or necessary for giving full effect to this Act and for the due administration thereof.

12. Consequential amendments - (1) The enactments specified in the Second Schedule to this Act are hereby amended in the manner indicated in that Schedule.

(2) All references to the Principal Licensing Authority in the provisions of the Road Traffic Ordinance specified in the Third Schedule to this Act shall after the commencement of this Act be read as references to the Licence Controller.

(3) All references to the licensing authority or the authority in the provisions of the Road Traffic Ordinance 1960 specified in the Fourth Schedule to this Act shall after the commencement of this Act be read as references to the Assistant Licence Controller, and the pronoun "its" in relation thereto shall be read as the pronoun "his or her".

(4) All references to the Transport Control Board or the Board in the provisions of the Road Traffic Ordinance 1960 specified in the Fifth Schedule to this Act shall be read as references to the Assistant Secretary Road Traffic, and the pronoun "its" in relation thereto shall be read as the pronoun "his or her".

(5) Unless the context otherwise requires, every reference in any enactment not specified in the second column of the Second Schedule to this Act or in any regulation, rule, order, agreement, deed, instrument, application, notice, licence, or other document whatsoever in force at the commencement of this Act:

(a) To the Minister of Civil Aviation shall, after the commencement of this Act, be read as a reference to the Minister of Transport;

(b) To the Department of Civil Aviation shall, after the commencement of this Act, be read as a reference to the Ministry of Transport;

(c) To the Minister of Marine shall, after the commencement of this Act, be read as a reference to the Minister of Transport;

(d) To the Marine Department shall, after the commencement of this Act, be read as a reference to the Ministry of Transport.

(6) Every act of authority done by the Minister of Marine or the Marine Department, the Minister of Civil Aviation or the Civil Aviation Department, pursuant to any of the Acts referred to in section 3 of this Act or to any regulation, rule, order, notice or other authority under any of those Acts, and subsisting at the commencement of this Act, shall continue to have effect after the commencement of this Act as if it had been done by the Minister of Transport.

13. Repeals - The enactments specified in the Sixth Schedule to this Act are hereby repealed.

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SCHEDULES

FIRST SCHEDULE
Section 3

ENACTMENTS ADMINISTERED BY MINISTRY OF TRANSPORT

1. 1963 - No. 6 - The Civil Aviation Act 1963.
2. 1964 - No. 22 - The Carriage by Air Act 1964.
3. 1972 - No. 18 - The Shipping Act 1972.

SECOND SCHEDULE
Section 12(1)

ENACTMENTS AMENDED

"Assistant Secretary Road Transport" means the Assistant Secretary Road Transport Division of the Ministry appointed under the Ministry of Transport Act 1978.

"Certifying Officer" means an officer of the Ministry of Transport who is appointed as a Certifying Officer in accordance with the Public Service Act 1977.

"Examining Officer" means an officer of the Ministry of Transport who is appointed as an Examining Officer in accordance with the Public Service Act 1977.

"Licence Controller" means the Licence Controller appointed under this Act.

"Traffic Officer" means an officer of the Ministry of Transport (not being a member of the Police Service) appointed as a Traffic Officer in accordance with the Public Service Act 1977."

By repealing section 3 and substituting the following section:

"3. Appointment of officers - There shall from time to time be appointed in accordance with the Public Service Act 1977 a Licence Controller who shall be charged with the licensing of motor vehicles, trailers and drivers, other than riders of bicycles, and matters incidental thereto, a Road Safety Controller, a Traffic Controller and such other officers of the Ministry of Transport as may be necessary for the efficient administration of this Act and matters incidental thereto."

By inserting before section 6, the following section:

"5. Licensing Areas - (1) The Assistant Secretary Road Transport may designate such licensing areas as may be necessary for carrying out the provisions of this Ordinance.

(2) There may be appointed in accordance with the Public Service Act 1977, for any licensing area so designated under subsection (1) of this section, an Assistant Licence Controller who shall in all respects act under the conform to the directions of the Licence Controller and may exercise all the functions of the Licence Controller as expressed in this Ordinance."

By inserting in section 27(5) after the words "police officer" wherever they occur, the words "or traffic officer".

By omitting from section 49(6) the words "Director of Works" and substituting the words "Assistant Secretary Road Transport".

By inserting in section 50(1) and 72B after the words "police officer" wherever they occur, the words "or traffic officer".

1963: No.6 By repealing the definition of the term "Minister" in section 2(1), and substituting the following definition:

The Civil Aviation Act 1963. "Minister' means the Minister of Transport."

By omitting from section 76 the words "Minister of Civil Aviation", and substituting the words "Minister of Transport".

1964: No.22 By repealing the definition of the term "Minister" in section 2, and substituting the following definition:

"'Minister' means the Minister of Transport."

The Carriage by Air Act 1964.

1971: No.3 By omitting from section 8(2) the words "Marine Department" and substituting the words "Ministry of Transport".

The Territorial
Sea Act 1971

1972: No. 18 By repealing the definition of the term "Committee" in section 2.

The Shipping Act 1972.

By inserting in section 2, before the definition of "Government", the following definition:-

"Department" means the Ministry of Transport established under the Ministry of Transport Act 1978."

By repealing the definition of the term "Minister" in section 2, and substituting the following definition:

"Minister" means the Minister of Transport."

By inserting after the word "Department" where it first occurs in section 4(1), the words "under this Act".

By repealing section 8(1), and substituting the following:

"(1) The Port Administrator shall be responsible to the Assistant Secretary Marine Division of the Ministry of Transport for the administration of the Marine Division."

By omitting from section 26(6) the words "Marine Department" and substituting the words "Ministry of Transport".

THIRD SCHEDULE Section 12(2)

REPEALED BY SECTION 8(2) ROAD TRANSPORT AND TRAFFIC CONTROL ACT 1990

FOURTH SCHEDULE Section 12(3)

REPEALED BY SECTION 8(2) ROAD TRANSPORT AND TRAFFIC CONTROL ACT 1990

FIFTH SCHEDULE Section 12(4)

REPEALED BY SECTION 8(2) ROAD TRANSPORT AND TRAFFIC CONTROL ACT 1990

SIXTH SCHEDULE Section 13

ENACTMENTS REPEALED

1963: No.6 The Civil Aviation Act 1963
Sections 5, 6, and 7.

1972: No. 18 The Shipping Act 1972
Sections 3, 5, and 6.

REVISION NOTES 1997

The Ministry of Transport Act 1978, No.32 as shown in this report comprised that Act amended as below:

Section 2: A definition of "Administrator of Civil Aviation" was added by section 2 of the Ministry of Transport Amendment Act 1989, No.10.

Section 5(1): The reference to road transport in this section in the principal Act was deleted by section 2 of the Road Transport and Traffic Control Act 1990, No.22.

Section 5(2)(a): Amendments, as set out in section 3 of the Ministry of Transport Amendment Act 1989, have been incorporated into this paragraph and a new paragraph (b) has been added. Paragraphs (b) and (c) have been re-lettered to (c) and (d).

Section 6: Has been amended in accordance with the provisions of section 11 and the Third Schedule of Public Service (Special Posts) Act 1989, No.14.

Section 6A: This is a new section added by section 4 of the Ministry of Transport Amendment Act, 1989.

Section 7 (1)(2)(3): Amendments contained in section 5(1) and (2) of the Ministry of Transport Amendment Act 1989 and section 3 of the Road Transport and Traffic Control Act 1990 have been incorporated into these subsections and a new subsection (3) has been added in accordance with section 5(3) of the Ministry of Transport Amendment Act 1989.

Section 8(1) Amendments contained in section 6 of the Ministry (7) and ((8): of Transport Amendment Act 1989 have been incorporated into subsection (1) and two new subsections numbered (7) and (8) have been added.

Section 9 (1) (2), (7)a,( 5), (6), (7) and (7)b:

Amendments contained in section 7 of the Ministry of Transport Amendment Act 1989 have been incorporated into these subsections and a new subsection (7) paragraphs (a) and (b) added.

First Schedule: The Road Traffic Ordinance 1960, No.23 has been removed from this schedule of enactments administered by the Ministry of Transport. The Ordinance is now administered by the Police Service as provided in section 4 of the Road Transport and Traffic Control Act, 1990.

Third, Fourth, These have all been repealed by section 8(2) of the & Fifth Schedules. Road Transport and Traffic Control Act 1990.

Sixth Schedule: The first item in this Schedule was repealed by section 5(2) of the Road Transport and Traffic Control Act 1990. The Sixth Schedule repeals various enactments and the First item related to sections 51, 52, 53, 53A, and 54 of the Road Traffic Ordinance 1960. These five sections were repealed. Section 5(2) of the Road Transport and Traffic Control Act 1990 not only removes the five sections from the Sixth Schedule but also specifically revives them and states that they again form part of the law of Samoa.

The repeal of the Third, Fourth and Fifth Schedule has the effect of rendering sections 12(2), (3) and (4) meaningless but since none of those subsections has been repealed they are included in this reprint.

REVISION NOTES 2008

This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008. The following general revisions have been made –

(a) References to Western Samoa have been amended to Samoa in accordance with an amendment to the Constitution of Samoa in 1997.

(b) All references to the male gender have been made gender neutral.

(c) Amendments have been made to conform to modern drafting styles and to use modern language as applied in the laws of Samoa.

(d) Other minor editing has been done in accordance with the lawful powers of the Attorney General.

There were no amendments made to this law since the publication of the Western Samoa Statutes Reprint 1978-1996.

Note: References to "Secretary", "Assistant Secretary" have been retained, however they should be read with reference to the "Chief Executive Officer" of the Ministry responsible for Transport, and Assistant Chief Executive Officer and secretary for the Transport Control Board.

Further Note: References to the "Ministry of Transport", "Minister of Marine" and "Minister of Civil Aviation" have also been retained however these need to be amended in accordance with the Ministerial Departmental Arrangements Act 2003.

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2007. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised and consolidated by Noumea Loretta Afamasaga.
Under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)

REVISION NOTES 2008 No. 2

There were no amendments made to this law since the publication of the Consolidated and Revised Statutes of Samoa 2007.

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2008. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised and consolidated by the Legislative Drafting Division under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel).

REVISION NOTES 2009

There were no amendments made to this law since the publication of the Consolidated and Revised Statutes of Samoa 2007.

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2009. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised and consolidated by the Legislative Drafting Division under the supervision of Papalii Malietau Malietoa (Parliamentary Counsel).

The Ministry of Transport Act 1978 is administered in the Ministry of Works, Transport and Infrastructure.