Published by Authority

NO. 16]Friday, May 22 [2009

The following Act was passed by Parliament on 13th April 2009 and assented to by the President on 28th April 2009:—
Civil Aviation Authority of Singapore Act 2009

(No. 17 of 2009)

I assent.

28th April 2009.
Date of Commencement: 1st July 2009 Parts I to VIII, sections 88 to 95, Part X, the First, Second, Third and Fourth Schedules
Date of Commencement: 1st October 2009 Sections 86 and 87
An Act to provide for the transfer of the airport undertaking of the Civil Aviation Authority of Singapore to a successor company, to provide for the reconstitution of the Civil Aviation Authority of Singapore, to provide for the regulation of the operation of airports and for the imposition of economic controls at airports, to repeal the Civil Aviation Authority of Singapore Act (Chapter 41 of the 1985 Revised Edition) and to make consequential amendments to other written laws relating to airports.
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
Short title and commencement
1.  This Act may be cited as the Civil Aviation Authority of Singapore Act 2009 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
2.—(1)  In this Act, unless the context otherwise requires —
“agreement” means any agreement, whether formal or informal and whether express or implied;
“air navigation services” means services provided to air traffic during all phases of operations to ensure their safe and efficient movement, and includes —
(a)air traffic control services, including air traffic control service for arriving or departing controlled flights, for controlled flights in controlled areas or for traffic within any manoeuvring area and other aerodrome traffic;
(b)air traffic advisory services provided within advisory airspace to ensure separation, in so far as practical, between aircraft which are operating on flight plans in accordance with Instrument Flight Rules;
(c)flight information services;
(d)alerting services provided to notify appropriate organisations regarding aircraft in need of search and rescue aid, and to assist such organisations as may be required;
(e)meteorological services for air navigation;
(f)search and rescue services; and
(g)aeronautical information services for the provision of aeronautical information and data necessary for the safety, regularity and efficiency of air navigation;
“air traffic control service” means a service provided for the purposes of —
(a)preventing collisions between aircraft, and between aircraft and obstructions on any manoeuvring area; and
(b)expediting and maintaining an orderly flow of air traffic;
“aircraft” means a machine that can derive support in the atmosphere from the reactions of the air other than reactions of the air against the earth’s surface;
“airline” means a person who carries on a commercial air transport enterprise that involves offering or operating air services;
“airport” means any defined area of land in Singapore declared under section 3 to be an airport;
“airport licence” means a licence granted under section 36;
“airport licensee” means the holder of an airport licence;
“airport services and facilities” means the services and facilities provided —
(a)to enable the landing and taking off of aircraft, such as the provision within such areas of —
(i)airfields, runways, taxiways, parking aprons and parking stands for aircraft;
(ii)facilities and services for apron control;
(iii)airfield and associated lighting;
(iv)services to maintain and repair airfields, runways, taxiways and parking aprons for aircraft;
(v)rescue, fire safety and environmental hazard control services;
(vi)airfield supervisory and security services;
(b)to enable, within certain areas of an airport, the servicing and maintenance of aircraft and the handling of cargo carried, or to be carried, by aircraft, such as the provision within such areas of —
(ii)services and facilities for the maintenance and refueling of aircraft and waste disposal;
(iii)services and facilities for the storing and processing of cargo;
(iv)security, customs and quarantine services for cargo;
(c)in relation to aircraft passengers in an airport, such as the provision of —
(i)aerobridges, passenger thoroughfares and seating areas;
(ii)flight information and public address systems;
(iii)flight catering services and facilities;
(iv)services and facilities for the operation of customs, immigration, and quarantine checks and control;
(v)facilities for the sale and collection of duty-free items;
(vi)services and facilities for the operation of security and police services;
(vii)activities undertaken (including the services and facilities provided) in a passenger terminal to enable the check-in and screening of passengers, including services for baggage handling and screening;
(viii)the holding of any facilities and assets (including land) acquired or held to provide the services referred to in this paragraph in the future (whether or not used for any other purpose in the meantime);
(d)in relation to visitors to the airport, such as services and facilities for the parking of motor vehicles and other related services and facilities; and
(e)at or from an airport for such purposes in connection with or incidental to the operation of the airport as may be prescribed,
but does not include air navigation services;
“airport site” means the site on which an airport is situated;
“airport undertaking” means —
(a)all the lands, buildings and other property, movable or immovable, vested in the Authority immediately before the transfer date for the airport purposes of the Authority, excluding such lands, buildings and other property as may be specified by the Minister (referred to in this Act as excluded property); and
(b)all assets, powers, rights, interests, privileges, debts, liabilities and obligations connected with lands, buildings and other property referred to in paragraph (a), other than excluded property;
“Appeals Advisory Panel” means an Appeals Advisory Panel established under section 56;
“appointed day” means the date of commencement of Part II;
“authorised officer”, in relation to any provision of this Act, means any person authorised in that behalf by the Authority under section 76 for the purposes of that provision;
“Authority” means the Civil Aviation Authority of Singapore established under the Civil Aviation Authority of Singapore Act (Cap. 41) as in force immediately before the appointed day and reconstituted by this Act;
“Chairman” means the Chairman of the Authority and includes any temporary Chairman of the Authority;
“Chief Executive” means the Chief Executive of the Authority and includes any person acting in that capacity;
“code of practice” or “standard of performance” means a code of practice or standard of performance issued or approved under section 44, and includes any such code of practice or standard of performance as amended from time to time under that section;
“company” means a body corporate;
“Contracting State” means any country (including Singapore) which is a party to the Convention on International Civil Aviation concluded at Chicago on 7th December 1944;
“debenture” includes debenture stock;
“Deputy Chairman” means the Deputy Chairman of the Authority and includes any temporary Deputy Chairman of the Authority;
“exempt airport operator”, in relation to an airport, means the person who is authorised to operate the airport by an exemption granted by the Authority under section 43;
“flight information service” means a service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights;
“lending money” includes providing non-equity finance where the provision of the finance may reasonably be regarded as equivalent to lending money;
“levy” means a levy imposed under section 86;
“loan security” means a security held solely for the purposes of a moneylending agreement;
“manoeuvring area” means that part of an airport to be used for the taking off, landing and taxiing of aircraft, but does not include areas set aside to accommodate aircraft, for embarkation or disembarkation of passengers, for loading and unloading of mail or cargo, or for fuelling, parking or maintenance of aircraft;
“master plan”, in relation to an airport, means the master plan approved under section 48 for that airport;
“member” means a member of the Authority;
“moneylending agreement” means an agreement entered into in good faith in the ordinary course of carrying on a business of lending money, but does not include an agreement dealing with any matter unrelated to the carrying on of that business;
“operate”, in relation to an airport, includes —
(a)managing and maintaining or otherwise exercising control over the operation of the airport;
(b)providing airport services and facilities at the airport; and
(c)exercising control over the direction to be taken in relation to the development of the airport,
and “operation” and “operating” shall be construed accordingly;
“outstanding amount”, in relation to an aircraft, means any of the following amounts that has become due and payable, but has not been paid or been remitted:
(a)a levy payable in respect of the aircraft;
(b)a service charge payable in respect of the aircraft;
(c)a late payment penalty on any levy or service charge payable in respect of the aircraft;
(d)interest for late payment of any levy or service charge payable in respect of the aircraft;
“Register of Statutory Liens” means the Register of Statutory Liens maintained under section 91;
“regulations” and “rules” mean regulations and rules made under this Act;
“repealed Act” means the Civil Aviation Authority of Singapore Act (Cap. 41) repealed by this Act;
“securities”, in relation to a company, includes shares, debentures, bonds and other securities of the company, whether or not constituting a charge on the assets of the company;
“service charge” means a charge under section 88 for air navigation services or other services or facilities provided by the Authority;
“shares”, in relation to a company, means shares in, or stock forming part of, the capital of the company;
“Singapore aircraft” means any aircraft that is registered in Singapore;
“Singapore Flight Information Region” means the area within which air navigation services are provided by the Authority in accordance with the International Civil Aviation Organisation Asia/Pacific Regional Air Navigation Plan;
“Singapore Search and Rescue Region” means the Singapore Flight Information Region and any area within which search and rescue services are provided by the Government;
“statutory lien” means a statutory lien vested in the Authority under section 89;
“successor company” means a company nominated by the Minister under section 27(1);
“transfer date” has the meaning given in section 26.
(2)  For the purposes of this Act, a company shall be regarded as wholly owned by the Government at any time when all the issued shares in the company are held by or on behalf of the Government.
3.—(1)  The Minister may, after consultation with the Authority, by notification in the Gazette, declare all or any of the following to be an airport for the purposes of this Act:
(a)any defined area of land in Singapore used, intended or designed to be used, either wholly or partly —
(i)for the landing, taking off, movement, or servicing of aircraft;
(ii)for the storage, loading and unloading of cargo carried or to be carried by aircraft; or
(iii)for the movement of passengers to facilitate their travel to and from Singapore by aircraft;
(b)any road leading into an area referred to in paragraph (a);
(c)any buildings, installations, and equipment on or adjacent to any such area used in connection with the airport or its administration.
(2)  Every declaration made under subsection (1) shall define the limits of the airport.