PART 5
MISCELLANEOUS PROVISIONS
Fees
48.—(1)  Fees are specified in the Second Schedule for the following:
(a)the grant, validation, renewal, extension or variation of any certificate, licence or other document (including an application for, or the issue of a copy of, any such document) under these Regulations;
(b)the undergoing of any audit, inspection or investigation required by these Regulations;
(c)the grant of any permission or approval required by, or for the purpose of, these Regulations.
(2)  The Director‑General of Civil Aviation may, in any particular case, waive or refund in whole or in part any fee or interest payable under these Regulations where the Director‑General of Civil Aviation thinks fit.
Periodic fees
49.—(1)  In addition, the certified operator of an aerodrome must pay annually to the Authority, for every period of 12 months (or part of such a period) that the aerodrome certificate or heliport certificate held by the certified operator is in force, the fee specified in the Second Schedule for that certificate according to the type of aerodrome which is not a heliport or the heliport covered by the certificate.
(2)  The annual fee referred to in paragraph (1) for an aerodrome certificate or heliport certificate must be paid no later than the eve of the anniversary of the date the aerodrome certificate was granted or deemed granted under these Regulations, or any later day that the Director‑General of Civil Aviation may specify in any particular case.
(3)  If a certified operator of an aerodrome fails to pay in full the annual fee by the due date for payment under paragraph (2), interest for late payment of any such fee is payable, and the amount in arrears is recoverable as a civil debt due to the Authority.
(4)  Interest under paragraph (3) accrues daily at the rate of 3% per annum above the prime lending rate for the period —
(a)starting the first day the annual fee or part of it is in arrears; and
(b)ending the day that the annual fee in arrears is paid in full to the Authority.
(5)  In this regulation, “prime lending rate” means the average prime lending rate at any particular time of the Development Bank of Singapore Ltd, the Overseas‑Chinese Banking Corporation Ltd, and the United Overseas Bank Ltd.
Penalties
50.—(1)  Subject to paragraphs (2) and (3), where the Authority is of the opinion that an operator of an aerodrome is contravening or has contravened —
(a)any condition of the operator’s aerodrome certificate or heliport certificate, as the case may be; or
(b)any provision in Part 2, 3 or 4 other than a provision in regulations 4, 5, 6 and 16(1) and (2),
the Authority may direct the operator to pay a financial penalty not exceeding the higher of the following:
(c)$500,000;
(d)5% of the operator’s annual revenue derived from the regulated activity.
(2)  Before exercising any power under paragraph (1), the Authority must give written notice to the operator concerned —
(a)stating that the Authority intends to impose on the operator a financial penalty under this regulation;
(b)specifying each instance of non‑compliance that is the subject of the financial penalty; and
(c)specifying the time (being not less than 14 days after the service of notice on the operator) within which written representations may be made to the Authority with respect to the non‑compliance that is the subject of the financial penalty.
(3)  The Authority may, after considering any written representations under paragraph (2)(c), decide to impose any financial penalty under paragraph (1) that the Authority considers appropriate.
(4)  Where the Authority has made any decision under paragraph (3) against any operator of an aerodrome, the Authority must serve on the operator concerned a notice of the Authority’s decision.
(5)  To avoid doubt, this regulation does not affect the operation of section 17, 18 or 19 of the Act.
(6)  In this regulation —
“annual revenue” means the amount of money received by an operator of an aerodrome in the calendar year during which the operator contravened —
(a)a condition of the operator’s aerodrome certificate or heliport certificate (as the case may be) relating to the aerodrome; or
(b)a provision in Part 2, 3 or 4 (not being a provision in regulation 4, 5, 6 or 16(1) or (2));
“regulated activity”, in relation to an operator of an aerodrome, means the operation of the aerodrome by the operator specified in the operator’s aerodrome certificate or heliport certificate, as the case may be.
Grant of approvals or acceptances
51.—(1)  To avoid doubt, other than an aerodrome certificate or a heliport certificate granted or renewed by the Authority under regulation 6, an approval, an acceptance or a waiver that is granted by the Authority or Director‑General of Civil Aviation under regulation 8(3), 11(1)(b) or (2)(b) or (4), 17(1)(a), 19(3), 21(3) or 24(3) is not an aviation safety instrument.
(2)  Where an application is made for an approval or acceptance granted by the Director‑General of Civil Aviation under these Regulations, the application must —
(a)be made by the relevant person in the form and manner the Director‑General of Civil Aviation specifies; and
(b)provide the information that the Director‑General of Civil Aviation requires.
(3)  The Director‑General of Civil Aviation may grant an approval or acceptance under these Regulations subject to any conditions that the Director‑General of Civil Aviation considers necessary or expedient.
(4)  The Director‑General of Civil Aviation may withdraw an approval or acceptance, or impose, add, delete, substitute or modify conditions in respect of an approval or acceptance if —
(a)the Director‑General of Civil Aviation considers the action necessary to ensure compliance with these Regulations or any other applicable aviation safety subsidiary legislation; or
(b)the Director‑General of Civil Aviation is satisfied that there is or is likely to be a failure to comply with these Regulations or any other applicable aviation safety regulation.
(5)  In this regulation, “relevant person” means the employee of the certified operator of an aerodrome who is responsible for applying to the Authority for a specific approval or acceptance in respect of the aerodrome concerned under these Regulations.