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29 1993

IRISH AVIATION AUTHORITY ACT, 1993

PART IV

Provisions in relation to Chicago Convention, Certain Other International Agreements and Certain Organisations

Power of company to make orders.

58. —(1) The company may make such orders as appear to it to be necessary or expedient for the purpose of giving effect to the Annexes to the Chicago Convention specified in the Schedule except in so far as they relate to the making of agreements between the State and other states or for the purpose of the performance of any other functions of the company.

(2) The Minister may by order amend the Schedule by the insertion therein of a reference to an Annexe to the Chicago Convention, whether added to that Convention before or after the commencement of this section, and references in this Act to the Annexes to the Chicago Convention shall include references to any Annexe to the Chicago Convention to which an order under this subsection relates.

Power of company to apply certain Annexes to Chicago Convention to internal flying.

59. —The company may by order direct that any of the provisions of the Annexes to the Chicago Convention specified in the Schedule , whether or not those provisions are limited to aircraft of any special description or engaged in any special kind of navigation, shall apply to or in relation to any aircraft in or over the State and, whenever such an order is in force, such of the said provisions as are specified in the order shall apply to or in relation to any aircraft in or over the State.

Provisions of orders made by company.

60. —(1) Without prejudice to the generality of section 58 an order under subsection (1) of that section may make provision—

(a) prescribing the authority by which any of the powers exercisable under a provision of an Annexe to the Chicago Convention specified in the Schedule by a contracting state or by any authority therein are to be exercised in the State,

(b) (i) for the licensing and regulation of aerodromes (other than State aerodromes) and for the regulation of aeronautical safety standards at State aerodromes,

(ii) for the regulation of the refuelling of aircraft wherever they may be,

(iii) for the inspection of aerodromes and terminals and installations at aerodromes and other places used for the landing of aircraft,

(iv) for the inspection of aircraft, wherever they may be,

(v) for the inspection of—

(I) records kept by persons carrying on the business of aircraft operation in relation to that business,

(II) records kept in relation to aircraft, whether by crews of aircraft, operators of aircraft, persons engaged in the manufacture, repair or maintenance of aircraft or the management of aerodromes or otherwise,

(vi) for the inspection and approval of premises where there is carried on the business of—

(I) the design, manufacture, maintenance, repair or modification of aircraft or parts for aircraft,

(II) the production of material (including fuel) for aircraft,

(III) the storage of aircraft or parts or material (including fuel) for aircraft, or

(IV) the operation of aircraft,

(vii) for the approval of persons carrying on a business referred to in subparagraph (vi),

(viii) for the inspection of work carried on in premises referred to in subparagraph (vi),

(ix) for the licensing of persons engaged in the inspection or supervision of aircraft,

(x) for prohibiting or regulating the use of unlicensed aerodromes or the use of other places for the landing of aircraft,

(c) as to the manner and conditions of the issue and renewal of any certificate or licence required by an order under this Act or by any such Annexes including provisions requiring the passing of examinations and tests before such issue or renewal and as to the form, custody, production, cancellation, suspension, endorsement and surrender of any such certificate or licence,

(d) as to the registration of aircraft in the State,

(e) as to the conditions subject to which aircraft may be used in different circumstances and for different purposes,

(f) as to the conditions subject to which aircraft may enter or leave, or operate in, the State or passengers or goods may be conveyed by aircraft into or from the State or within the State,

(g) if the company considers it appropriate to do so, exempting from the provisions of an order under this section or any such Annexe, or any of them, aircraft flown for experimental purposes or any other classes of aircraft or any classes of persons,

(h) for the giving of directions by the company prohibiting the flight by aircraft over an area specified in the direction and declared therein to be a prohibited area,

(i) for the giving of directions by the company appointing any area of airspace to be—

(I) a restricted area, that is to say, an area of airspace within which the flight of aircraft is made subject to specified restrictions, or

(II) a danger area, that is to say, an area of airspace within which it is declared in the direction that activities may exist at specified times that are a danger to aircraft in flight,

(j) (i) requiring the payment of fees in respect of the application for the grant or renewal of any certificate, licence or instrument of approval or otherwise for the purposes of an order under this section or the said Annexes and specifying their amount,

(ii) for securing compliance with a direction under section 45 (1) (a) (ii),

(k) supplementing any such Annexe, in such manner as may appear to it to be necessary or expedient so as to promote the safety of aircraft and of persons and property carried in them and to prevent aircraft endangering persons and property,

(l) for the control and regulation of lights the purpose of which is to aid air navigation, other lights at or in the neighbourhood of aerodromes and lights which are liable to endanger aircraft,

(m) for requiring the installation of warning lights on buildings or other structures which might constitute a danger to aircraft,

(n) regulating the making of signals and other communications by or to aircraft and persons carried therein, and regulating the use of any sign for purposes connected with air navigation, and

(o) for access to and entry on or into any premises or place or any aircraft by a person where such access or entry is reasonably necessary for the performance by the person of functions conferred on him by any such order.

(2) Section 12 of the Act of 1946, as amended by section 39 of the Act of 1988, shall, with any necessary modifications, apply in relation to an area declared by a direction issued by virtue of subsection (1) (h) to be a prohibited area as it applies to a prohibited area referred to in the said section 12.

Expenses of international organisations.

61. —(1) Any sums required for the contribution by the State for membership of or for the organisation and operations of—

(a) the International Civil Aviation Organisation,

(b) Eurocontrol,

(c) the European Civil Aviation Conference, or

(d) any other international organisation specified by the Minister by order after consultation with the company whose functions relate to a matter to which a function of the company relates,

shall be paid by the Minister out of moneys provided by the Oireachtas.

(2) The company shall pay to the Minister an amount equal to the amount of any payments made by him under subsection (1).

Attendance of company at meetings of or organised by certain international organisations.

62. —(1) (a) The company may attend a meeting of or organised by any of the organisations specified in paragraph (b) in so far as the meeting relates to a matter to which a function of the company relates with, in the case of an organisation specified in subparagraph (iv) of paragraph (b), the consent of the Minister and, if the organisation has functions in addition to those relating to civil aviation, the consent of the Minister for Foreign Affairs.

(b) The organisations referred to in paragraph (a) are:

(i) the International Civil Aviation Organisation,

(ii) Eurocontrol,

(iii) the European Civil Aviation Conference,

(iv) any other international organisation of which the State is a member and whose functions relate to a matter to which a function of the company relates.

(c) The representatives of the company at a meeting of or organised by an organisation referred to in subparagraph (i), (ii) or (iii) of paragraph (b) shall also represent the State at the meeting unless the Minister otherwise directs and the representatives of the company at a meeting of or organised by an organisation referred to in subparagraph (iv) of paragraph (b) shall, if so directed by the Minister with the consent of the Minister for Foreign Affairs, also represent the State.

(2) The company may and, if so directed by the Minister, shall attend, as an observer, a meeting of or organised by an international organisation of which the State is not a member if the subject matter of the meeting is or includes a matter to which a function of the company relates and such attendance is permitted by the organisation.

(3) Wherever so requested by the Minister, the company shall submit to him a report in writing of the proceedings at a meeting referred to in subsection (1) or (2) attended by it or in relation to such matters arising at or relating to such a meeting as the Minister may specify.

Negotiation by company of certain agreements with international organisations or other states.

63. —(1) The company may, with the consent and on behalf of the Government, conduct negotiations with the states or organisations concerned in relation to the making or amendment of international agreements to which the State or the Government will be or is a party for the provision in the State of air navigation services or aeronautical communications services or affecting any other matter to which a function of the company relates.

(2) The company shall furnish to the Minister reports in writing in relation to negotiations conducted by it under subsection (1) and shall furnish to the Minister recommendations and advice in relation to the proposed agreements or amendments of agreements to which the negotiations relate.