Licensing of aerodromes

(1) No person may instruct, cause or permit to be constructed any aerodrome without the written permission of the Director of Civil Aviation; and on completion of construction, the owner or occupier of the land or place or the proprietor or operator of the aerodrome shall apply to the Director of Civil Aviation for an aerodrome licence. (2) Every application for a licence or permission to construct an aerodrome or to use any place as an aerodrome shall be in such form and shall contain such information as may be required by the Director of Civil Aviation, including an environmental impact assessment. (3) In considering an application for permission to construct an aerodrome or use any place as an aerodrome, the Director of Civil Aviation, after consultation with the Minister, shall satisfy himself that such aerodrome is in the public interest, and in particular shall have regard to the following– (a) that the proposed aerodrome is not in any place reserved for any other national or public purpose; (b) that the aerodrome or the use thereof will not pose a threat to national security; (c) that adequate security arrangements are made to ensure that the aerodrome shall not be used for any purpose contrary to law or public policy; and (d) that the proposed aerodrome shall have no adverse impact on the environment. (4) An application for permission to construct an aerodrome or use any place as an aerodrome may be refused without assigning reasons there for. At the discretion of the Minister, permission granted hereunder may be withdrawn if such action is deemed necessary in the public interest. 32 Civil Aviation Act (4A) The nationality of a national of a CARICOM State shall not be a ground for the refusal of the grant of an aerodrome licence, an application for permission to construct an aerodrome or use of any place as an aerodrome under this section. (5) An application for a licence in respect of any aerodrome for which permission has been given shall not be refused without ascribing the reason therefor. (6) It shall be a condition of every aerodrome licence that– (a) the aerodrome shall have adequate security arrangements to the satisfaction of the Director of Civil Aviation; (b) as required, proper records are kept, and submitted to the Director of Civil Aviation, of all aircraft operations or any other activity on the aerodrome; (c) only aircraft authorized by the Director of Civil Aviation shall be permitted to use the (d) a copy of the aerodrome licence shall be kept at all times on the aerodrome, and shall be produced on demand to a police officer. (7) The Minister may inspect or cause to be inspected any existing aerodrome or place likely to constitute an aerodrome, and if he is not satisfied that such place or aerodrome meets the requirements of this section or of any regulations made hereunder, shall order the owner or occupier of the land on which the aerodrome exists or the operator of the aerodrome to destroy such aerodrome and render it unusable by aircraft. (8) The owner or occupier of any land or place on which an unlicensed aerodrome exists or unauthorised aerodrome is being constructed, or the operator thereof, commits an offence and Civil Aviation Act 33 upon summary conviction shall be liable to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding five years or to both, and in addition thereto, the court may order such aerodrome to be destroyed and the costs incurred in such destruction recovered from the owner or occupier of such land or aerodrome, or any other person found responsible for the construction of such aerodrome; and it shall not be a sufficient defence to a prosecution under this section to show that the aerodrome was not in use at the time of inspection. (9) Any person who– (a) without lawful excuse uses any aerodrome when such aerodrome has not been licensed; (b) commences construction of an aerodrome without having first obtained the written permission of the Director of Civil Aviation; (c) uses without lawful excuse any place other than a Government aerodrome or a licensed aerodrome for the landing or departure of an aircraft without the written permission of the (d) obstructs, prevents or otherwise hinders the entry upon any land or place of a police officer, the Director of Civil Aviation or any person authorised by the Minister to carry out an inspection, examination or check thereon, or assaults or otherwise hinders such person in the performance of his duties under this section; (e) fails to comply with any requirements of this section or any regulations made there under or with any lawful direction given to such person by the Minister or the Director of Civil 34 Civil Aviation Act commits an offence and shall be liable on summary conviction to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding five years, or to both such fine and term of imprisonment. (10) Where an aerodrome is constructed without the written permission of the Director of Civil Aviation or used without an aerodrome licence issued by the Director of Civil Aviation, any article found at the site of the aerodrome or any fixtures, machinery, vehicle, aircraft or other things found thereon, shall be forfeited and disposed of in such manner as to the court shall seem just. (11) Where any offence against the provisions of this section is committed by any servant or agent of the owner or occupier of the land on which an aerodrome has been constructed or is being constructed, such offence shall be deemed to be an offence committed by that owner or occupier, unless he establishes that such offence was committed without his knowledge or consent. (12) Where a person by whom an offence under this section or any regulations made there under is committed is a body corporate, every person who at the time of the commission of the offence was a director, general manager, secretary or other similar officer of the body corporate or was purporting to act in any such capacity shall be deemed to be guilty of that offence unless he proves that the offence was committed without his consent, knowledge or connivance and that he exercised all due diligence to prevent the commission of such offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances. (13) Nothing in this section shall exempt an owner or occupier of land or the owner or operator of an aircraft or aerodrome from complying with the requirements of any other law or any regulations for the time being in force in relation to the licensing or use of an aerodrome. Civil Aviation Act 35