Sub-Title A - Ministries And Departments
| Author | Ralph Hone |
| Pages | #1 |
7 Civil Aviation
CHAPTER 7.
CIVIL AVIATION.
ARRANGEMENT OF SECTIONS.
SECTION.
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SHORT TITLE.
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INTERPRETATION.
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APPOINTMENT OF MINISTER.
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MINISTER'S STAFF.
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DISSOLUTION OF THE AIRPORTS BOARD.
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AVIATION BOARD.
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MANAGEMENT ETC. OF AIRPORTS.
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CONSTRUCTION OF AIRFIELDS.
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ILLEGAL TO ERECT ANY STRUCTURE WITHIN GIVEN AREA WITHOUT THE APPROVAL OF THE MINISTER.
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DIRECTOR TO REPORT VIOLATIONS OF SECTION 9.
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PENALTY.
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APPEAL.
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RULES.
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CHARGES TO BE MADE BY MINISTER.
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AMENDMENT OF SCHEDULE.
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CONTRACTS.
SCHEDULE.
AIRPORTS.
CHAPTER 7.
CIVIL AVIATION.
AN ACT TO MAKE FURTHER PROVISION FOR THE PROMO- 41 of 1963.
TION OF CIVIL AVIATION IN THE COLONY. 43 of 1964.
[20th December 1963.] [Commencement 7th January 1964.] 1. This Act may be cited as The Civil Aviation Short title.
Act.
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In this Act, unless the context otherwise Interpretation.
requires'airport' means any of the airports specified for the time being in the Schedule to this Act;
'Department' means the Department of Civil Aviation;
'Director' means the Director of Civil Aviation;
'Minister' means the Minister appointed under section 3;
'structure' means any building, wall, fence, television mast, radio aerial, pole and anything affixed to or projecting from the ground, any building, wall, fence or mast.
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-(1) In the exercise of the powers conferred Appointment of upon him by the Constitution, the Governor shall Minister.
appoint a Minister who shall be charged with the responsibility for civil aviation and meteorological services in the Colony and the control and direction of the Department of Civil Aviation.
(2) The Minister for the time being shall be a corporation sole by the name of the Minister for Aviation or such other style and title as the Governor may from time to time assign to him, with power to acquire, hold and dispose of property, enter into contracts, to sue. and be sued and to do all things necessary for the purposes of this Act and all property transferred to the Minister's staff.
Dissolution of the Airports Board 20 of 1947.
Aviation Board.
Minister by this Act or any other Act or which otherwise becomes vested in him shall be held by him in trust for Her Majesty in right of Her Government of the Bahama Islands for the purposes of this Act.
(3) Upon and by virtue of the appointment of any person to be the Minister under this Act, the benefit and burden of all deeds, contracts, bonds, securities and things in action vested in his predecessor at the time of his predecessor ceasing to hold office shall be transferred to and vested in and enure to the person so appointed in the same manner as if he had been contracted with instead of his predecessor and as if his name had been inserted in all such deeds, contracts, bonds or securities instead of the name of his predecessor.
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The staff of the Minister shall comprise a Director of Civil Aviation, who shall be the technical adviser and chief executive officer of the Department and such other officers as may from time to time be authorised by the Legislature.
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The Airports Board established under the Airports Board Act 1947 is hereby dissolved with effect from the date of the coming into operation of this Act and thereupon all property of the said Board of whatever kind and all rights and liabilities of the said Board shall vest in the Minister in accordance with the provisions of section 3 and for the purposes of subsection (2) thereof, the said Airports Board shall be deemed to be the predecessor of the Minister first appointed under subsection (1) of the said section.
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-(1) The Governor may appoint annually a Board to be called the Aviation Board which shall consist of such number of members not being less than five as the Governor may from time to time decide. The members of the Board shall be appointed by the Governor by notice in the Gazette; they shall hold office at the Governor's pleasure and subject to this shall hold office for one year save that where a person is appointed during a year to fill a casual vacancy, he shall hold office until the end of that year:
Provided that no person shall be qualified to be appointed or to hold office as a member of the Board if(a) he is a Minister; or (b) he is a member of the public service.
(2) In the exercise of his responsibilities for civil aviation in the Colony, the Minister may consult the Board from time to time as he shall think fit but he shall not be bound to act upon the advice of the Board in any matter. Subject to this, the relationship between the Minister and the Board and the manner in which the business of the Board shall be conducted may be regulated from time to time by the Governor by directions in writing or by notice in the Gazette.
(3) In the exercise of the powers conferred upon him by this section, the Governor shall act on the advice of the Premier.
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The Minister shall have the general management and control of every airport including the land, buildings, plant, equipment and facilities thereof.
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No person shall construct or commence to construct an airfield or airstrip in the Colony without the prior permission in writing of the Minister and any person who contravenes this section shall be liable on summary conviction to a fine of one thousand pounds, 9.-(1) Notwithstanding' the provisions -of The Buildings Regulations Act or any Act passed in amendment thereof or in substitution therefor, no person shall, without the prior approval in writing -of the Minister, erect or commence to erect or cause or procure to be erected or commenced any structure within that area of land and water situate within a radius of eighteen thousand feet from a point centred -on the main East/West runway of Windsor Field being four thousand feet from the Western end of the said East / West runway.
(2) Any person who wishes to obtain tle approval of the Minister under subsection (1) of this section shall apply to the Minister in writing giving full particulars of the nature, extent, size, height and position of the proposed structure.
(3) Where in the opinion of the Minister the proposed structure would be a hindrance, obstruction Management etc. of airports.
Construction of airfields.
Illegal to erect any structure within given area without the approval of the Minister.
Ch. 198.
or danger to aircraft he may refuse to give his approval thereto and any person aggrieved by the Minister's refusal may appeal to the Supreme Court in the manner hereinafter provided.
43 of 1964 (4) The Governor may by notice in the Gazette Third Schd. specify any area in the close vicinity of any airport other than Windsor Field within which no person shall, without the prior approval in writing of the Minister, erect or commence to erect or cause or procure to be erected or commenced, any structure and thereupon, with effect from such date as may be fixed in the said notice, the provisions of this section and sections 10, 11 and 12 of this Act shall apply mutatis mutandis in relation to such airport.
Director to 10.-(1) It shall be the duty of the Director or report violations of other person authorised by him from time to time to section 9. ascertain and report to the Minister all violations of section 9, and for the proper execution of such duty it shall be lawful for him, or the person authorised by him, together with such persons as he may require to attend and assist him, to enter into any building and upon the land on which any structure is erected, or on which such erection has been commenced, and to remain there for such reasonable time as may be necessary for the performance of the duty hereby imposed on him.
(2) If upon the receipt of a report from the Director, the Minister is satisfied that any of the provisions of section 9 have been violated, the Minister shall require the owner or persons responsible to comply with the said provisions and to pull down any structure or to effect any alterations so that any such violation shall no longer exist, within such reasonable time as may be determined by the Minister, and upon compliance with the requisition of the Minister no further proceedings shall be taken.
(3) If the requisition of the Minister referred to above is not complied with, the Minister shall cause proceedings to be taken in accordance with this Act.
Penalty. 11.-(1) Any person failing within the time speci43 of 1964, Third Schd. fled to comply with any requirement of the Minister under the provisions of section 10(2) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds.
(2) Upon the conviction of any person for any Magistrate may make an order offence against section 9 or 11 a Stipendiary and Circuit in addition to Magistrate in addition to or in lieu of any penalty any penalty which may be which may be imposed, shall order that any structure, imposed.
the subject matter of the offence, be pulled down.
(3) Any such order shall state a reasonable time within which such order shall be complied with.
(4) If any person fails to comply with any order made under subsection (2) of this section the Minister may, by his servants, enter upon the premises in respect of which such order has been made and carry out the terms of the order, and the owner shall be liable civilly in an action by the Minister for all expenses incurred in carrying out the terms of the said order.
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--(1) An appeal shall lie to the Supreme Court Appeal.
from any decision of a Stipendiary and Circuit Magistrate under this Act.
(2) An appeal against the decision of the Minister as provided in section 9 of this Act shall be on motion.
The appellant within seven days after the day on which the Minister has given his decision shall serve a notice in writing signed by the appellant or his counsel or attorney on the Minister of his intention to appeal and of the general grounds of his appeal:
Provided that any person aggrieved by the decision of the Minister may upon notice to the Minister apply to the...
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