A248
Ord. No. 33/86
Enforcement of prohibitions as to take off.
Power to make regulations.
CIVIL AVIATION (AIRCRAFT NOISE)
(b) recover in any court of competent jurisdiction from the person aforesaid any reasonable expense attributable to the taking of those steps which is incurred by the Director from time to time,
and if a person fails to perform any duty imposed on him by a notice under subsection (2)(b), then without prejudice to the preceding provisions of this subsec- tion he---
(i) commits an offence and is liable on conviction to a fine of $20,000; and (ii) if the failure continues after his conviction of an offence under this
subsection arising from the failure, is liable to a daily penalty of $10,000.
8. (1) If it appears to the Director that an aircraft is about to take off in contravention of any prohibition or restriction imposed in pursuance of this Ordin- ance, then, without prejudice to any powers exercisable by virtue of this Ordinance by the aerodrome manager, any person authorized by the Director for the purpose may detain the aircraft for such period as that person considers appropriate for preventing the contravention and may, for the purpose of detaining the aircraft, enter upon any land.
(2) If it appears to a person authorized for the purpose by the aerodrome manager that an aircraft is about to take off in contravention of any prohibition or restriction imposed in pursuance of this Ordinance, then without prejudice to any other provision of this Ordinance, the person so authorized may detain the aircraft for such period as he considers appropriate for preventing the contravention and may, for the purpose of detaining the aircraft, enter upon any land.
9. (1) The Governor in Council may make regulations— (a) for carrying out the Annex;
(b) specifying the circumstances in which a noise certificate may be granted and
the conditions which may be imposed;
(c) as to the manner and conditions of the issue, validation, renewal, extension of any certificate or other document required by this Ordinance or the regulations (including any examinations and tests to be undergone), and as to the form, custody, production, cancellation, suspension, endorsement and surrender of any such document;
(d) for specifying the fees to be paid in respect of the issue, validation, renewal, extension or variation of any certificate or other document or the undergo- ing of any examination or test required by the regulations and in respect of any other matters in respect of which it appears to the Governor in Council to be expedient for the purposes of the regulations to charge fees; (e) for exempting from the provisions of this Ordinance or the regulations,
either absolutely or conditionally, any aircraft or class of aircraft;
(generally for restricting or mitigating aircraft noise and vibration; (g) authorizing the taking of such steps as may be necessary or expedient for the better enforcement of the Ordinance including, without derogation from the generality of the foregoing, power to enter upon or detain any aircraft; (h) prescribing the manner in which any notice under this Ordinance may be
given; and
(i) for any matter required or permitted by this Ordinance to be prescribed. (2) The regulations may make different provision with respect to different classes of aircraft and for different aerodromes or classes of aerodrome.
(3) The regulations may provide that a contravention of specified provisions shall be an offence and may prescribe penalties therefor not exceeding a fine of $100,000 and imprisonment for 2 years and, in the case of a continuing offence, to a further fine not exceeding $20,000 for each day during which the offence continues.
(4) The regulations may be expressed so as to apply to aircraft in the service of the Crown and, if so expressed, they shall so apply.
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