CIVIL AVIATION Act

Arrangement of Sections

1. Short title.

CHAPTER I

Preliminary

2. Convention to govern Civil Aviation activities within Sri Lanka.

3. Application of the provisions of this Act.

4. Responsibilities of the Minister.

5. Minister to delegate his powers under the Act.

CHAPTER II

Appointment of Service Providers

6. Appointment of Service Providers.

7. Requirement to enter into service agreements.

8. Providing properties to Service Providers.

9. Prohibition against appointment of certain persons as Service Providers etc.

10. Licenses required for providing aeronautical services.

11. Issue of licence for providing aeronautical services.

12. Service Providers to enter into service agreements with any holder of a licence or permit.

13. Classification of Aerodromes.

14. Establishment of Aerodromes.

15. Master Plan once approved need no further approval.

16. Issue of licenses for Aerodromes.

17. National Civil Aviation Security Programme.

18. Duties of Service Provider providing an Aviation Security Service.

18A. Offence of touting within an aerodrome.

19. Power to search.

20. Action in case of fire or any other calamity.

21. Cadre and firearms to be used by the Service Provider to be approved by the Director-General.

22. Protection for action taken in good faith under this Chapter of this Act.

23. Declaration of Protected Areas.

24. Acquisition of land in any Protected Area.

25. Issuing instructions by licence holders.

26. Suspension and revocation of licenses.

27. Providing aeronautical services during a suspension of a licence.

28. Providing aeronautical services etc. on the revocation of a licence.

29. Effect on property transferred on a suspension or cancellation of a licence.

30. Authority to have power to provide aeronautical services.

31. Definition of “aeronautical services”.

CHAPTER III

Regulation of Civil Aviation

32. Entry by foreign Military or State aircraft.

33. Coordination of operations in consultation with Minister of Defence.

34. Special powers in case of emergency.

35. Restrictions on aviation personnel.

36. Inspection of aircraft.

37. Director-General to prevent a flight.

38. Actions to be taken to prevent a threat or danger to person or property.

CHAPTER IV

Registration and Marking of Aircraft

39. Aircraft not to fly unless registered.

40. Experiment or test flights.

41. Registration of aircrafts.

42. Application for an issue of a Certificate of Registration.

43. Civil Aircraft Register of Sri Lanka.

44. Cancellation of Certificate of Registration.

45. Renewal of Certificate of Registration.

46. Display of nationality and Registration Mark.

47. Use of sate Marks and Civil Air Ensign.

CHAPTER V

Airworthiness and Equipment of Aircraft

48. Prohibition on manufacture, assemble of aircraft without a permit.

49. Effect of violating the provisions of section 48.

50. Prohibition against flying over Sri Lanka without a Certificate of Airworthiness.

51. Issue of Certificates of Airworthiness.

52. Validation of Certificates of Airworthiness.

CHAPTER VI

Search and rescue Operations and Investigation into accidents and incidents

53. Assistance to aircrafts in distress.

54. Requisitioning of aircrafts and calling out of flight crew for air search and rescue operations.

55. Aircraft accident or incident investigations.

56. Appointment of Aircraft Accident Investigation Board.

57. Declaration of Secrecy.

58. Power to summon and examine witnesses and productions.

59. Accidents outside Sri Lanka.

60. Board to prepare a report.

61. Authority not to make available certain records.

62. Members of the Board deemed to be public servants.

63. Re-opening of an investigation.

64. Director-General to take remedial steps.

65. Interpretation.

CHAPTER VII

Aviation Personnel and Training Institutions

66. Regulations to be made for obtaining licenses etc by personnel.

67. The issue, suspension and revocation of a licence, rating, certificates of competency or permit.

68. Physical or mental impairment.

69. Aviation Training Institutions.

CHAPTER VIII

Aircraft Operation

70. Documents, equipment, number and description of the operating crew.

71. Rules of the Air.

72. Actions by a Pilot-in-Command in an emergency.

73. Air Operator Certificate.

74. Importation of aircraft.

75. Liability insurance.

76. Amendment, suspension and revocation of Air Operator Certificates.

77. Aircraft operated under an agreement for lease, charter or interchange of aircraft.

78. Carriage of dangerous goods.

79. Determining air routes.

80. Pilotless aircrafts.

81. Acrobatic flying, flight exhibitions, competitions and air shows.

82. Dangerous flight operations

83. Offences committed on board an aircraft.

CHAPTER IX

Commercial Air Transportation

84. Airline Licence and Foreign Airline Licence.

85. Aerial work.

86. Privileges, conditions and limitations attached.

87. An Airline Licence for domestic or international commercial air transportation.

88. Immovable property to be made available to a person issued with an Airline Licence.

89. Qualifications for the issue of a Foreign Airline Licence.

90. Power to amend a licence issued under section 85, 87, or 89 of this Act.

91. Power to suspend or revoke a licence issued under section 85, 87 or 89.

92. Maintenance services to be provided only on a permit issued by Director-General.

93. Non-scheduled international air transportation.

94. Protection of passengers and users of aircraft.

95. Flight schedules.

96. Allocation of slots.

97. Air Transport Service Licence.

98. Person issued with a permit or a licence under section 93 or 97 to maintain certain records and furnish information.

99. Director-General’s power to issue directions to Airlines

CHAPTER X

Offences and Penalties

100. Failure to comply with written request or furnishing false information.

101. Seizure of an aircraft.

102. Violating safety or security requirements.

103. Offences.

104. Penalties.

105. Offence committed by a body of persons.

106. Proof of documents.

107. Offences to be cognisable offences and court in which action for offences may be filed.

108. Trespass, nuisance, and responsibility for damage.

CHAPTER XI

General

109. Director-General’s, power to cancel licenses etc, in certain circumstances.

110. Changes taking place in a body corporate or partnership to which any authority is granted.

111. Service charge to be imposed.

112. Appeal procedure.

113. Access to authorised persons.

114. Coming into force of any order or decision of the Director-General or the Authority.

115. Prohibition against transfer of licence.

116. Establishment of a State Safety Program and a Safety Data Collection and Processing System.

117. Regulations.

118. Regulations to be made by the Minister of Finance.

119. Gazetting of regulations made under sections 117 and 118.

120. Power to issue implementing standards.

121. Director-General to issue general or special directions.

122. Rules.

123. Equivalent of SDR in rupees.

124. Interpretation.

125. Sinhala text to prevail in case of inconsistency.

126. Repeal and savings provisions.

127. Provisions relating to the Agent appointed under section 21a of the Air Navigation Act.

128. Withholding of properties by the Statutory Service Provider.

SCHEDULE

14 of 2010,

12 of 2018.

AN ACT to make provision for the regulation, control and matters related to Civil Aviation; to give effect to the convention on international Civil Aviation and for matters connected therewith and incidental thereto.

[Date of Commencement: 3rd November, 2010]

1. Short title.

This Act may be cited as the Civil Aviation Act.

CHAPTER I

Preliminary

2. Convention to govern Civil Aviation activities within Sri Lanka.

The Articles of the Convention relating to safety, regularity, efficiency and security of Civil Aviation as are specified in the Schedule to this Act, shall govern all activities relating to Civil Aviation within the territory of Sri Lanka.

3. Application of the provisions of this Act.

(1) The provisions of this Act shall apply in respect of all activities relating to Civil Aviation within the territory of Sri Lanka and in particular, in respect of the following—

(a) aircraft registered in Sri Lanka and all aviation personnel licensed under this Act, whether such personnel are within or outside the territory of Sri Lanka;

(b) aircraft other than those registered in Sri Lanka and users of aeronautical services being provided within the territory of Sri Lanka;

(c) the regulation, administration and safety oversight of activities relating to Civil Aviation carried out within the territory of Sri Lanka;

(d) the provision of aeronautical services; and

(e) other matters relating to the safe and orderly operation and development, including the economic development of civil air navigation and air transport.

(2) The provisions of this Act and any regulations and rules made thereunder, shall not apply in respect of any aircraft or Aerodrome exclusively used in the service of or for the purposes of the Armed Forces.

(3) The application of the provisions of this Act in respect of aircraft in the use of the Government of Sri Lanka shall be to the extent as may be determined by the Minister, by Order published in the Gazette.

(4) Notwithstanding the provisions of subsection (2) and subsection (3) of this section, the provisions of this Act shall apply in respect of aircraft operated by the Armed Forces and aircraft in the use of the Government of Sri Lanka, where such aircraft are engaged in the carriage of passengers or cargo for hire or for reward.

4. Responsibilities of the Minister.

The Minister shall be responsible for the development, regulation and control of Civil Aviation in Sri Lanka and in the discharge of such responsibilities, the Minister shall—

(a) make recommendations to the Cabinet of Ministers in regard to the formulation of a National Aviation Policy for Sri Lanka;

(b) periodically review and analyse the aforesaid National Aviation Policy and where necessary recommend to the Cabinet of Ministers, any changes to such Policy;

(c) promulgate regulations for the implementation of the provisions of this Act and for the fulfillment of international obligations of Sri Lanka in respect of the SARPS;

(d) assist and advise the Government to secure by international agreement or otherwise, the rights for Sri Lanka in international air traffic and to initiate and direct negotiations thereon;

(e) establish, develop, maintain and provide aeronautical services and other facilities and services relating to Civil Aviation;

(f) initiate projects, technical researches, studies or investigations which in the opinion of the Minister will promote the development of Civil Aviation activities in Sri Lanka;

(g) specify the charges, fees and costs to be paid with respect to the grant of any certificate, licence, permit or authorisation or for the rendering of any services under the provisions of this Act and the Civil Aviation Authority of Sri Lanka Act;

(h) issue directions to the Authority as the Minister may consider necessary to perform any function relating to Civil Aviation for which no specific provisions are made under this Act or the Civil Aviation Authority of Sri Lanka Act, as the case may be, or in any regulations or rules made under those Acts; and

(i) undertake any other activity or function in relation to Civil Aviation as he may consider appropriate, in concurrence with the Authority.

5. Minister to delegate his powers under the Act.

(1) The Minister may delegate all or any of his powers, duties or functions under this Act to the Authority or to the Director-General, who shall exercise, perform or discharge such powers, duties or functions, subject to such directions as may be issued by the Minister.

(2) The Minister may notwithstanding any delegation under subsection (1), have the power to exercise, perform or discharge any power, duty or functions delegated under that subsection.

CHAPTER II

Appointment of Service Providers

6. Appointment of Service Providers.

(1) For the purpose of providing the aeronautical services specified in section 31 of this Act, the Minister in consultation with the Authority may, subject to the provisions of subsection (3), appoint by Order published in the Gazette, any person or persons, to be a Service Provider (hereinafter referred to as “Service Provider”) subject to such terms and conditions as may be specified in such Order.

(2) The terms and conditions specified in the Order made under subsection (1) may be amended from time to time by a subsequent Order made in that behalf by the Minister in consultation with the Authority. It shall be the duty of a Service Provider whose terms and conditions are so amended by such Order, to comply with the same.

(3) The following provisions shall apply in regard to the appointment of Service Providers by the Minister under subsection (1)—

(a) the Statutory Service Provider shall be appointed as the Service Provider for the purpose of providing the aeronautical services specified in—

(i) paragraph (a) of section 31 and for the provision of aeronautical services specified in paragraphs (c) and (d) of that section at any International Aerodrome referred to in paragraph (a); and

(ii) paragraphs (e), (f), (g) and (h) of section 31;

(b) where the Statutory Service Provider consents to be appointed to provide in respect of any particular Aerodrome the aeronautical services specified in paragraph (f) of section 31, appoint such Statutory Service Provider, as the Service Provider to provide those aeronautical services and the aeronautical services specified in paragraphs (c) and (d) of that section, in respect of those Aerodromes;

(c) appoint any other Service Provider to provide in respect of any particular Aerodrome the aeronautical service specified in paragraph (b) of section 31, other than those in respect of which the Statutory Service Provider was appointed as the Service Provider under paragraph (b);

(d) not more than one Service Provider shall be appointed in respect of a particular Aerodrome, for the provision of the aeronautical services specified in paragraphs (c) and (d) of section 31; and

(e) appoint a Service Provider which is a public corporation or a company in which the Government holds a majority of shares, for providing the aeronautical services specified in paragraphs (i), (j), (k), (l) or (m) of section 31
at any Aerodrome specified in paragraphs (a) and (b) of that section:

Provided that where a Service Provider appointed under this paragraph does not consent to provide the aeronautical services referred to therein at any Aerodrome specified in paragraph (a) or (b) of section 31, the Minister may appoint any other Service Provider to provide the aeronautical services referred to in this paragraph .

7. Requirement to enter into service agreements.

(1) A Service Provider being appointed to provide the aeronautical services specified in paragraphs (i), (j), (k), (l) and (m) of section 31 shall be required, before being so appointed, to enter into a service agreement or agreements, as the case be, with the Service Provider appointed to provide the aeronautical service specified in paragraph (a) or paragraph (b), as the case may be, of section 31.

(2) Where a Service Provider or Service Providers, other than the Statutory Service Provider is appointed to provide the aeronautical services specified in paragraph (b), of section of 31, such Service Provider or Service Providers shall be required to enter into a service agreement or agreements, as the case may be, with the Statutory Service Provider who is appointed to provide the aeronautical services specified in paragraphs (e), (f), (g) and (h), where the nature and scope of the services provided by such Service Provider or Service Providers as the case may be, has any direct safety or security impact on the aeronautical service to be provided by the Statutory Service Provider.

(3) Prior to the appointment of any Service Provider under section 6 of this Act, the Minister shall decide as to whether the contents of the applicable service agreement or agreements referred to in subsections (1) and (2) of this section, provide for adequate sharing of information, proper co-ordination of all activities in providing aeronautical services by the parties to the agreement and the use of properties, facilities or services in each other’s possession or control, so as to ensure a safe, efficient, regular and smooth operation of aeronautical services within Sri Lanka.

8. Providing properties to Service Providers.

(1) The Authority may by Order published in the Gazette and subject to such terms and conditions as may be specified in such Order, make available where necessary, to any Service Provider appointed under section 6, any immovable property or Aerodromes, including such immovable properties and the Aerodromes transferred to and vested in the Authority, for the purpose of enabling the Service Provider to discharge its functions in the provision of such aeronautical services in respect of which that Service Provider has been issued with a licence under this Chapter of this Act.

(2) It shall be the duty of a Service Provider to whom any property or Aerodromes are made available under subsection (1), to comply with the terms and conditions stipulated in the Order and hold and maintain such immovable property or Aerodromes in good condition.

(3) A Service provider to whom any immovable property or Aerodromes are made available under subsection (1), shall not—

(a) effect any alteration in such property or Aerodrome or put up any new constructions in such property; or

(b) grant a lease of any such property or Aerodrome to anyone,

without the prior written approval of the Authority.

9. Prohibition against appointment of certain persons as Service Providers etc.

No person or body of persons shall be appointed as a Service Provider or be entitled to be issued with a licence to provide aeronautical services under the provisions of this Act, where such person or body of persons poses or is likely to pose a threat to the public security of Sri Lanka or to international Civil Aviation.

10. Licences required for providing aeronautical services.

The provision of aeronautical services shall be in terms of a licence issued in that behalf by the Authority or the Director-General, as the case may be, and a Service Provider appointed under section 6 shall be eligible to apply for such a licence. Separate licences shall be issued in respect of each of the categories of aeronautical services specified in section 31.

11. Issue of licence for providing aeronautical services.

(1) In terms of the provisions of section 10 of this Act, a Service Provider may be issued with a licence for providing aeronautical services in respect of each category of services as are specified in—

(a) paragraphs (i), (j), (k), (l) and (m) of section 31, by the Authority; and

(b) paragraphs (a), (b), (c), (d), (e), (f), (g) and (h) of section 31, by the Director-General.

(2) The requirements to be fulfilled for the grant of a licence under subsection (1), the procedure for making an application, the terms and conditions to be attached to a licence, information to be furnished by applicants and fees or any other charges to be paid for the issue of a licence, shall be as prescribed.

(3) The requirements to be prescribed under subsection (2) for the issue of a licence to provide aeronautical services may vary, depending on the scope, the nature or the place where the particular aeronautical service is being provided.

(4) All licences issued under subsection (1) by the Authority or the Director-General, as the case may be, shall be valid until or unless suspended or revoked under section 26. An annual licence fee as may be prescribed shall be imposed on all persons to whom a licence is issued under subsection (1).

12. Service Providers to enter into service agreements with any holder of a licence or permit.

(1) Notwithstanding the provisions of section 7 of this Act, the Authority may require a Service Provider to whom a licence to provide any aeronautical service is issued under section 11, to enter into a service agreement with a person to whom a permit or any licence, other than a licence to provide any aeronautical service, is issued by the Authority under this Act, where the Authority is of the view that the aeronautical services being provided by such Service Provider under the licence issued to it, is an aeronautical service which is necessarily required by the person to whom the licence or permit has been issued, in order to carry out the activities for which such licence or permit was issued to such person.

(2) It shall be the duty of each Service Provider to furnish the Authority with a copy of every service agreement entered into under subsection (1) of this section. The Authority shall keep such copy or copies of all service agreements furnished to it in its custody. The Minister may at any time request that he be furnished with a copy and it shall be the function of the Authority to make the same available to the Minister.

13. Classification of Aerodromes.

(1) The Authority shall classify Aerodromes in accordance with such regulations as shall be prescribed for that purpose. The regulations to be made by the Minister for such purpose, shall be based on design, operating conditions, aeronautical services provided and the scope of the use and purpose of Aerodromes.

(2) The Authority shall cause to be published in the Aeronautical Information Publication of Sri Lanka, particulars of any Aerodromes classified as an International Aerodrome under subsection (1) and all other Aerodromes available within the territory of Sri Lanka.

14. Establishment of Aerodromes.

(1) Any person who seeks to establish or any licence holder who seeks to expand an Aerodrome, shall prepare in accordance with such requirements as shall be prescribed by the Minister, a Master Plan which shall identify and provide for—

(a) the development of physical facilities of the Aerodrome, both aviation and non-aviation;

(b) the development of land use for areas surrounding an Aerodrome;

(c) the assessment of the effect the construction and operation of the Aerodrome will have on the environment;

(d) access requirements of the Aerodrome; and

(e) security aspects of the Aerodrome and the cost and financial outlay of the project.

(2) The establishment or expansion, as the case may be, of an Aerodrome, shall not commence until the Master Plan in respect of the same has been approved by the Authority. The Authority shall before it approves a Master Plan, consult any other statutory authority where it considers such consultation appropriate or necessary and whose views and observations on the proposed establishment or expansion and its effect on environment and any other factor, needs to be considered before such Master Plan is approved.

(3) An approval granted under subsection (2), shall be subject to such terms and conditions and to the payment of a fee as determined by the Authority. The Authority shall cause a Notice relating to any approval granted, to be published in the Gazette.

(4) A copy of the approved Master Plan, other than the information referred to in paragraph (e) of subsection (1), shall be kept in the office of the Authority and be made available to the public for inspection, on payment of a fee as may be determined by the Authority.

(5) The Authority may from time to time where it considers necessary or on the request of the person to whom approval was granted under subsection (2), require a Master Plan to be reviewed or evaluated and appropriate modifications or adjustments made thereto, to address any changes that may have taken place since the approval of such Master Plan.

15. Master Plan once approved need no further approval.

Notwithstanding anything to the contrary contained in any other written law, a Master Plan once approved under section 14 of this Act, shall not be subject to or be required to be further approved or accepted under any other written law.

16. Issue of licenses for Aerodromes.

(1) Subject to the provisions of section 13, on and after the appointed date, no Aerodrome other than the Aerodromes used exclusively by the Sri Lanka Air Force, whether owned by the Government or privately owned, shall be maintained, operated or improved, except in conformity with a licence issued under subsection (1) of section 11 by the Director-General and subject to the terms and conditions of such licence.

(2) For the purpose of issuing a licence referred to in subsection (1), the operation of an Aerodrome shall include those activities that secure—

(a) the take-off and landing of an aircraft and the related movements of the aircraft on ground;

(b) the protection and care for the aircraft; and

(c) maintenance and improvement of the Aerodrome.

(3) An application for the issue of a licence under subsection (1) shall be made to the Director-General, along with the prescribed application fee.

(4) The criteria for licensing of Aerodromes shall be based on the classification of Aerodromes by the Authority under subsection (1) of section 13.

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