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As enacted
Contents

Chapter XI · General

117. Regulations

Official English translation. The Sinhala text prevails.

(1)

The Minister may, taking into consideration the interest of the national economy and the national security of the State, make regulations in respect of all or any matter required by this Act to be prescribed and in respect of which regulations are authorized by this Act to be made.

(2)

Without prejudice to the generality of the powers conferred by subsection (1) and subject to the provisions of subsections (3) and (4) of this section, regulations may be made by the Minister for or in respect in all or any of the following matters :—

(a)

carrying out the provisions of the Convention, any

Annex thereto relating to international standards and recommended practices (being an Annex adopted in accordance with the Convention and any amendment to the Convention) ;

(b)

issue of Certificates of Airworthiness and the terms and conditions subject to which such Certificates may be issued ;

(c)

licencing, inspection, regulation and control of

Aerodromes and the classification of Aerodromes for the purpose of issue of licences ;

(d)

access to Aerodromes and places where aircraft land and to aircraft factories, for the purpose of inspection and the prohibition of trespassing on aerodromes ;

(e)

employment of persons in or in connection with air navigation and the licensing of those employed at licensed Aerodromes in the inspection or supervision of aircraft ;

(f)

conditions under which aircraft entering or leaving

Sri Lanka may fly and the conditions under which an aircraft may fly from one part of Sri Lanka to another part of Sri Lanka ;

(g)

conditions under which passengers and goods may be carried by air and aircraft may be used for other commercial, industrial or gainful purposes and specifying goods that are prohibited from being carried by air ;

(h)

prevention of interference with the use or effectiveness of apparatus used in connection with air navigation, the prohibition or regulation of the use of such apparatus and the display of signs and lights liable to endanger aircraft ;

(i)

safety, efficiency and regularity of air navigation, safety of aircraft and of persons and property carried therein, the prevention of aircraft from endangering other persons and property and the detention of aircraft for any of the purposes specified in this paragraph ;

(j)

safety oversight of civil aviation and matters connected therewith ;

(k)

payment of compensation to any officer or servant of the Authority where death or injury is caused as a direct result of an aircraft accident or incident or inspection conducted by such officer or servant in the performance of his or her duties ;

(l)

supply of meteorological information for the purpose of air navigation by persons engaged in or employed in or in connection with, such air navigation;

(m)

regulation of the making of signals and other communications by or to aircraft and persons carried therein ;

(n)

regulation of the use of the civil air ensign and any other ensign established by the Minister for purposes connected with air navigation ;

(o)

prevention of smuggling by air ;

(p)

manner and conditions relating to the issue, validation, renewal, extension or variation of any certificate, licence, permit or other document required to be issued under this Act or under any regulation or rule made thereunder and the form, custody, production, cancellation, suspension, endorsement and surrender of any such document ;

(q)

regulation of the charges that may be made for the use of Aerodromes and for services provided at such

Aerodromes ;

(r)

regulation of the charges that may be made from overflying aircraft for the use of air navigation services or facilities provided by State or any

Aerodrome in Sri Lanka ;

(s)

prescribing the fees to be paid in respect of the issue, validation, renewal, extension, or variation of any certificate, licence, permit or other document or the undergoing of any examination or test required by this Act or any regulations or rules made thereunder ;

(t)

the regulation and control of the conditions under which noise and vibration may be caused by aircraft on Aerodromes ; and

(u)

classification of commercial air transportation.

(3)

Without prejudice to the generality of the powers hereinbefore conferred, any regulations made under this Act may provide for:—

(a)

different provisions with reference to different classes of aircraft, Aerodromes, persons or property and with respect to different circumstances and different areas of Sri Lanka but shall, to the extent that it is practicable, be made so 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 ;

(b)

the application of such regulations in respect of all aircrafts registered in Sri Lanka, wherever they may be ;

(c)

the prohibition or regulation of carrying on certain activities by any persons in or members of the crew, of an aircraft registered in Sri Lanka wherever they may be ; and

(d)

the prohibition or regulation of doing anything in relation to an aircraft registered in Sri Lanka by any person other than any personnel authorized under the provisions of this Act.

(4)

Any regulations made under this Act in relation to aircraft, may also provide for the detention of an aircraft to secure compliance with such regulation or with any provisions of this Act and may make such further provision as appears to the Minister to be necessary or expedient for securing such detention.