PART 1 | Amendment of Air Navigation Act |
2. Section 2(1) of the Air Navigation Act (Cap. 6) (referred to in this Part as the principal Act) is amended —| (a) | by inserting, immediately after the definition of “Authority”, the following definition:| “ “auxiliary police officer” means a person appointed as such under Part IX of the Police Force Act (Cap. 235);”; |
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| | (b) | by inserting, immediately after the words “Civil Aviation Authority of Singapore Act” in the definition of “aviation safety instrument”, the words “or a permit referred to in section 7(3)(b)(ii) or 7A(3)(b)(ii)”; | | (c) | by inserting, immediately after the definition of “Chicago Convention”, the following definitions:| “ “command and control link” means the data link between a remotely piloted aircraft and a remote pilot station for the purposes of managing the flight of the remotely piloted aircraft; |
| “competent security officer” means any public officer designated as such by the Minister charged with the responsibility for homefront security;”; |
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| | (d) | by inserting, immediately after the definition of “operate”, the following definition:“ “operator”, for an unmanned aircraft, means a person engaged in, or offering to engage in, the operation of the unmanned aircraft, and where the unmanned aircraft is a remotely piloted aircraft, includes —| (a) | the person who causes the remotely piloted aircraft to fly; and | | (b) | the remote pilot of the aircraft with duties essential to the operation of the remotely piloted aircraft, such as manipulating the flight controls as appropriate during flight time, if the remote pilot is not the operator;”; |
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| | (e) | by inserting, immediately after the definition of “pilot-in-command”, the following definitions:| “ “remotely piloted aircraft” means an unmanned aircraft that is operated using a remotely piloted aircraft system; |
“remotely piloted aircraft system” or “RPAS”, for a remotely piloted aircraft, means all of the following components: | (a) | the remotely piloted aircraft; | | (b) | every remote pilot station associated with the remotely piloted aircraft in paragraph (a) containing the equipment used to pilot that aircraft; | | (c) | the command and control links between the remotely piloted aircraft in paragraph (a) and its remote pilot station or stations and other command; | | (d) | any other components as specified in the type design to fly that aircraft;”; and |
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| | (f) | by inserting, immediately after the definition of “structure”, the following definitions:| “ “unmanned aircraft” means an aircraft that may be flown or used without any individual on board the aircraft to operate it; |
| “unmanned aircraft system” means an unmanned aircraft and its associated elements;”. |
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3. Section 2B of the principal Act is amended by inserting, immediately after subsection (2), the following subsection:| “(2A) A person outside Singapore who operates an unmanned aircraft in a manner which, if the person were in Singapore, would be an offence under section 7, 7A, 7B or 7C, shall be guilty of an offence under section 7, 7A, 7B or 7C, as the case may be.”. |
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4. Section 3 of the principal Act is amended —| (a) | by inserting, immediately after the words “necessary or convenient to be prescribed” in subsection (1), the words “for the control and regulation of aviation in and over Singapore for the safety of air navigation or for public safety or both, and”; | | (b) | by inserting, immediately after paragraph (ga) of subsection (2), the following paragraph:| “(gb) | for applying the provisions of this Act or orders made under this section to unmanned aircraft and their operators (indoors or outdoors), design, maintenance and manufacture with such prescribed exceptions, modifications and adaptations as the differences between the manned aircraft and unmanned aircraft require;”; |
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| | (c) | by inserting, immediately after the words “in the order” in subsection (2)(l), the words “where necessary or expedient for the safety of air navigation or for public safety”; and | | (d) | by inserting, immediately after the words “under the order” in subsection (2)(q), the words “or under section 7C”. |
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5. Section 3A(1) of the principal Act is amended —| (a) | by inserting, immediately after the words “necessary or convenient to be prescribed”, the words “for the control and regulation of aviation in and over Singapore for the safety of air navigation or for public safety or both, and”; | | (b) | by inserting, immediately after paragraph (h), the following paragraphs:| “(ha) | applying the provisions of this Act or regulations made under this section to unmanned aircraft and their operators (indoors or outdoors), design, maintenance and manufacture with such prescribed exceptions, modifications and adaptations as the differences between the manned aircraft and unmanned aircraft require; | | (hb) | prohibiting aircraft from flying over such areas in Singapore as may be specified in the regulations where necessary or expedient for the safety of air navigation or for public safety;”; and |
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| | (c) | by inserting, immediately after the words “under the regulations” in paragraph (l), the words “or under section 7C”. |
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6. Section 4M of the principal Act is amended —| (a) | by deleting the words “the Director-General of Civil Aviation or a safety inspector,” in subsection (1) and substituting the words “a safety inspector”; | | (b) | by deleting the words “the Director-General of Civil Aviation or” in subsection (1)(a); | | (c) | by deleting paragraph (a) of subsection (2) and substituting the following paragraph:| “(a) | to require that person, or any individual who is or was an officer or employee of that person —| (i) | to provide an explanation of the document or information; or | | (ii) | to attend before a safety inspector for an interview and to answer any question and give a statement about the document or information;”; |
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| | (d) | by inserting, immediately after subsection (2), the following subsection:“(2A) Where a person is required to attend before a safety inspector for an interview, the safety inspector must —| (a) | record the person’s answers or statement at the interview in writing; | | (b) | read over that written record in paragraph (a) of the person’s answers or statement or, if the person is for any reason unable to understand or communicate in spoken English sufficiently, use an interpreter to inform the person about contents of the written record; and | | (c) | then require the person to sign that written record.”; and |
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| | (e) | by deleting the words “, the Director-General of Civil Aviation” in subsection (6). |
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| Amendment of Division 4 heading of Part II |
| 7. Part II of the principal Act is amended by deleting the word “photography” in the heading of Division 4 and substituting the word “activities”. |
8. Section 7 of the principal Act is amended —| (a) | by deleting subsections (2) to (5) and substituting the following subsections:“(2) If —| (a) | an unmanned aircraft has on board equipment for taking photographs when flying; and | | (b) | a photograph is taken of the whole or any part of a protected area using that photographic equipment on board the unmanned aircraft, |
| the operator of the unmanned aircraft, and the person taking the photograph if the person is not the operator, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. |
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(3) In proceedings for an offence under subsection (2) —| (a) | it is not necessary for the prosecution to prove that an accused knew or had reason to believe that —| (i) | the area is a protected area; or | | (ii) | the unmanned aircraft had on board equipment for taking photographs when flying; but |
| | (b) | it is a defence to the charge for the accused to prove, on a balance of probabilities, that —| (i) | the photograph of the whole or any part of the protected area using photographic equipment on board the unmanned aircraft was not taken intentionally but was taken because of weather conditions or other unavoidable cause; or | | (ii) | the accused has in force a permit from a competent security officer and had, in accordance with that permit, taken, or caused to be taken, any photograph of the whole or any part of a protected area using photographic equipment on board the unmanned aircraft. |
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| (4) Every offence under this section is an arrestable offence within the meaning of the Criminal Procedure Code (Cap. 68). |
(5) In this section, a reference to taking a photograph includes a reference to —| (a) | making a film or a video-recording; and | | (b) | making a recording of images for the purpose of broadcasting or live-streaming the images.”; and |
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| | (b) | by deleting the words “carriage and prohibited” in the section heading. |
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| New sections 7A, 7B and 7C |
9. The principal Act is amended by inserting, immediately after section 7, the following sections:| “Permit needed for certain overflight by unmanned aircraft |
7A.—(1) A person must not operate an unmanned aircraft to fly, at any height, over any part of any protected area declared under section 7. | (2) Every operator of an unmanned aircraft who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. |
(3) In proceedings for an offence under subsection (2) —| (a) | it is not necessary for the prosecution to prove that an accused knew or had reason to believe that the area flown over is a protected area; but | | (b) | it is a defence to the charge for the accused to prove, on a balance of probabilities, that —| (i) | the accused did not intentionally cause the unmanned aircraft to fly over the protected area, and the overflight was not due to any want of reasonable care on the part of the accused; or | | (ii) | the overflight was authorised by and in accordance with a permit from a competent security officer. |
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| (4) Every offence under this section is an arrestable offence within the meaning of the Criminal Procedure Code (Cap. 68). |
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| Absolute prohibition of carriage of dangerous materials on unmanned aircraft |
7B.—(1) If —| (a) | a person operates an unmanned aircraft to fly indoors or at any height over any area in Singapore; and | | (b) | the unmanned aircraft carries a prohibited item when so flying, |
| the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. |
(2) In proceedings for an offence under subsection (1) —| (a) | it is not necessary for the prosecution to prove that an accused knew that the unmanned aircraft carried a prohibited item when flying; but | | (b) | it is a defence to the charge for the accused to prove, on a balance of probabilities, that he did not know, and could not reasonably have been expected to know, that the unmanned aircraft carried a prohibited item when flying. |
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| (3) Every offence under this section is an arrestable offence within the meaning of the Criminal Procedure Code (Cap. 68). |
(4) In this section, “prohibited item” means —| (a) | any weapon, substance or other thing the possession of which (for any purpose) would constitute an offence under any of the following written laws:| (i) | the Arms and Explosives Act (Cap. 13); | | (ii) | the Corrosive and Explosive Substances and Offensive Weapons Act (Cap. 65); | | (iii) | the Dangerous Fireworks Act (Cap. 72); |
| | (b) | any biological agent, biological agent waste or toxin within the meaning of the Biological Agents and Toxins Act (Cap. 24A); | | (c) | any radioactive material, radioactive substance or radioactive waste within the meaning of the Radiation Protection Act (Cap. 262); or | | (d) | any other hazardous material (whether gaseous, liquid or solid) that is prescribed, in a notification published in the Gazette, by the Minister charged with the responsibility for homefront security to be a prohibited item for the purposes of this section. |
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| Discharge from unmanned aircraft |
7C.—(1) If —| (a) | a person operates an unmanned aircraft to fly indoors or at any height over any area in Singapore; and | | (b) | the unmanned aircraft when so flying discharges anything (whether gaseous, liquid or solid), |
| the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000. |
(2) In proceedings for an offence under subsection (1), it is not necessary for the prosecution to prove that an accused knew or had reason to believe that the unmanned aircraft discharged anything while in flight, but it is a defence to the charge if the accused proves, on a balance of probabilities, that —| (a) | the accused —| (i) | did not intentionally cause the thing to discharge from the unmanned aircraft and the discharge was not due to any want of reasonable care; and | | (ii) | took all reasonably practicable steps to stop or reduce further discharge of that thing from the unmanned aircraft as soon as practicable after discovering the discharge; |
| | (b) | the thing escaped from the unmanned aircraft operated by the accused in consequence of damage, other than intentional damage, to the unmanned aircraft and all reasonable precautions were taken by the accused after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimising further discharge from the unmanned aircraft; or | | (c) | the accused has in force a discharge permit from the Authority and had caused the thing to be discharged from the unmanned aircraft in accordance with that discharge permit. |
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(3) However, it is not a defence to a charge for an offence under subsection (1) if —| (a) | no individual dies or is hurt; | | (b) | no property is destroyed or damaged; or | | (c) | no hazard is caused to another aircraft, to anyone or any property, |
| as a result of anything discharged from an unmanned aircraft in flight. |
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(4) For the purposes of subsection (2)(b), damage to an unmanned aircraft or to its equipment is intentional damage if the damage arose in circumstances in which the operator of the unmanned aircraft —| (a) | acted with intent to cause the damage; or | | (b) | acted recklessly and with knowledge that damage would probably result. |
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| (5) A person who is refused a discharge permit, or whose discharge permit is cancelled by the Authority, may appeal to the Minister against the Authority’s refusal or cancellation, as the case may be, in the manner prescribed under section 3 or 3A; and the Minister’s decision on appeal is final. |
| (6) In this section, “discharge”, from an unmanned aircraft, includes dropping from an unmanned aircraft but does not include the discharge of exhaust from an unmanned aircraft during flight. |
| (7) To avoid doubt, this section does not affect the operation of the Military Manoeuvres Act (Cap. 182).”. |
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| 10. Section 17(1) of the principal Act is amended by deleting the definition of “auxiliary police officer”. |
| 11. Section 17F(4) of the principal Act is amended by deleting the words “until the provision is revoked by regulations on aviation security made” and substituting the words “, and may from time to time be amended or revoked”. |
12. Section 29D(1) of the principal Act is amended —| (a) | by deleting the word “or” at the end of paragraph (b); and | | (b) | by deleting the comma at the end of paragraph (c) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:| “(d) | an authorised person within the meaning of section 29G,”. |
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13. The principal Act is amended by inserting, immediately after section 29F, the following section:| “Interception, etc., of unmanned aircraft |
29G.—(1) Where an authorised person has reason to believe that an unmanned aircraft is being operated in a manner —| (a) | that contravenes any provision of this Act or any aviation safety subsidiary legislation; or | | (b) | that poses a serious and an imminent risk to safety of the public, |
| the authorised person may, subject to subsection (3), exercise all or any of the powers in subsection (2) in relation to the unmanned aircraft for either purpose: |
| (i) | preventing further contravention of any provision of this Act or any aviation safety subsidiary legislation; | | (ii) | preventing or stopping any actual or imminent occurrence that endangers or threatens to endanger the safety of the public. |
(2) For the purposes of subsection (1), the powers that may be exercised by an authorised person in relation to an unmanned aircraft are without warrant —| (a) | to direct any person whom the authorised person reasonably believes to be involved in the operation of the unmanned aircraft —| (i) | to end the flight of the unmanned aircraft, or land it, safely in the fastest practicable way; or | | (ii) | to fly the unmanned aircraft in the manner specified by the authorised person; |
| | (b) | with such assistance and by such force as is necessary —| (i) | to assume control of an unmanned aircraft to fly the aircraft or to end the flight of the aircraft, or land it, safely in the fastest practicable way; or | | (ii) | to end the flight of the unmanned aircraft in the fastest and safest practicable way; or |
| | (c) | to seize the unmanned aircraft and any component of the unmanned aircraft system for that aircraft, or other thing, that the authorised person believes on reasonable grounds —| (i) | to be evidential material; or | | (ii) | needs to be seized to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating an offence under this Act or any aviation safety subsidiary legislation. |
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(3) In authorising any person under subsection (1), the Commissioner of Police or the Authority, as the case may be, may do all or any of the following:| (a) | limit the powers in subsection (2) that the authorised person may exercise; | | (b) | limit when the authorised person may exercise his powers in subsection (2) or any of them; | | (c) | limit where in Singapore the authorised person may exercise his powers in subsection (2) or any of them; | | (d) | limit the circumstances in which the authorised person may exercise his powers in subsection (2) or any of them; | | (e) | limit the offences in respect of which the authorised person may exercise his powers in subsection (2) or any of them. |
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| (4) Any person who, without reasonable excuse, contravenes any direction under subsection (2)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. |
(5) A Magistrate may, on an application by the Authority, make an order authorising the Authority to destroy or otherwise dispose of any thing seized under subsection (2)(c) by a safety inspector, if the Magistrate is satisfied that —| (a) | apart from this section, a safety inspector or the Authority is required to return the thing to a person; and | | (b) | the safety inspector or the Authority cannot, despite making reasonable efforts, locate the person or the person has refused to take possession of that thing. |
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| (6) In this section, “evidential material” means any thing that is relevant to proving a contravention of any provision of this Act or any aviation safety subsidiary legislation (whether or not an offence). |
(7) In this section, an authorised person is —| (a) | a police officer, or an auxiliary police officer, of or above the rank of sergeant and authorised by the Commissioner of Police to exercise powers under this section; | | (b) | a safety inspector authorised by the Authority to exercise powers under this section; or | | (c) | an individual with the suitable qualifications and experience to properly exercise one or more of the powers in subsection (2) and authorised by the Authority to do so. |
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| (8) To avoid doubt, nothing in this section derogates from the provisions of the Criminal Procedure Code (Cap. 68) or section 201B of the Singapore Armed Forces Act (Cap. 295).”. |
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