LAWS OF THE REPUBLIC OF VANUATU

CONSOLIDATED EDITION 2021

Commencement: 17 September 1999 (Parts 1-10, 12);

15 October 2001 (Part 11)

CHAPTER 258

CIVIL AVIATION

Act 16 of 1999
Act 5 of 2005
Act 30 of 2006
Act 27 of 2016

ARRANGEMENT OF SECTIONS

PART 1 – PRELIMINARY

1.  Purpose
2. Interpretation
3. Application of Act
4. Aviation document holders outside Vanuatu
5.  Civil Aviation Authority and Department

PART 2 – ENTRY INTO THE CIVIL AVIATION SYSTEM

6. Requirement to register aircraft
7. Requirement for aviation document
8. Application for aviation document
9. Grant or renewal of aviation document
10. Criteria for fit and proper person test
11. Rights of persons affected by proposed adverse decisions

PART 3 – FUNCTION, POWERS AND DUTIES OF PARTICIPANTS IN THE CIVIL AVIATION SYSTEM

Division 1 – Duties of participants

12. General requirements for participants in civil aviation system
13. Duties of pilot-in-command
14. Duties of pilot-in-command and operator during emergencies

Division 2 – Functions and duties of Minister and Director

15. Functions of Minister
16. Functions of Director
17. Director may require or carry out safety and security inspections and monitoring
18. Power of the Director to suspend aviation document or impose conditions
19. Power of Director to revoke aviation document
20. Criteria for action taken under section 18 or section 19
21. Power of Director to amend or revoke aviation document in other cases
22. Power of Director to detain aircraft, seize aeronautical products, and impose prohibitions and conditions

Division 3 – Delegation of functions and duties

23. Delegation of Minister’s functions or powers to Director
24. Delegation of Director’s functions or powers to employees of Department
25. Delegation of Director’s function or powers to a person outside Department
26. Effect of delegation

Division 4 – Powers of entry and notification of accidents

27. General power of entry
28. Obligation to notify all accidents and incidents
29. Duty of Director to notify accidents and incidents to the Minister

PART 4 – RULES

Division 1 – Ordinary rules and emergency rules

30. Power of Minister to make ordinary rules
31. Rules relating to safety and security
32. Rules relating to airspace
33. Rules for noise abatement purposes
34. Rules relating to general matters
35. Power of Director to make emergency rules

Division 2 – Procedures for making rules

36. Procedures relating to rules

36A. Adoption of rules by reference

36B. Validation of adoption of rules before commencement of this Act

37. Matters to be taken into account in making rules
38. Procedure for making ordinary rules
39. Procedure for making emergency rules
40. Incorporation by reference
41. Exemption power of Director

PART 5 – FEES AND OTHER CHARGES

Division 1 – Fees and charges

42. Fees and charges
43. Payment of fees and charges
44. Suspension or revocation of aviation document where prescribed fees or charges unpaid
45. Recovery of fees and charges for aviation related services

Division 2 – Levies

46. Minister may impose levies
47. Basis on which levies may be imposed
48. Other provisions relating to levies

Division 3 – Charges by airport operators

49. Airport operators may determine charges
50. Exemptions from charges

PART 6 – OFFENCES AND PENALTIES

Division 1 – Safety offences

51. Endangerment caused by holder of aviation document
52. Operating an aircraft in careless manner
53. Dangerous activity involving aircraft, aeronautical product, or aviation related service
54. Failure to comply with inspection or audit request
55. Court may disqualify holder of aviation document or impose conditions on holding of document
56. Acting without necessary aviation document
57. Additional penalty for offences involving commercial gain

Division 2 – General offences

58. Applying for aviation document while disqualified
59. Communicating false information or failing to disclose information relevant to granting or holding of aviation document
60. Carrying on scheduled international air service without licence or contrary to licence
61. Operating unauthorised non-scheduled international flight or carrying on non-scheduled international flight contrary to licence
62. Obstruction of persons duly authorised by Director
63. Failure or refusal to produce or surrender documents
64. Trespass
65. Failure to maintain accurate records
66. Failure to notify emergency breach of Act or regulations or rules
67. Failure to notify accident or incident
68. Contravention of emergency rule, prohibition or condition
69. Flight over foreign country without authority or for improper purpose

Division 3 – Security offences

70. Security area offences
71. Impersonating or obstruction of aviation security officer
72. Communicating false information affecting safety

Division 4 – Infringement offences

73. Infringement offences
74. Infringement notices

Division 5 – Disqualification

75. Effect of disqualification
76. Commencement of a period of disqualification
77. Retention and custody of document
78. Removal of disqualification
79. Particulars of disqualification orders, etc, to be sent to Director
80. Appeals against disqualification

Division 6 – Offences punishable on summary conviction

81. Offences to be punishable on summary conviction.

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