CIVIL AVIATION ACT 1969

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 3 CIVIL AVIATION ACT 1969 As at 31 October 2016 2 CIVIL AVIATION ACT 1969 Date of Royal Assent … … 15 February 1969 Date of publication in the Gazette … … 27 February 1969 Latest amendment made by Act A1497 which came into operation on … … … … 1 Mac 2016 PREVIOUS REPRINTS First Reprint … … … 1992 Second Reprint … … … 2000 Third Reprint … … … 2006 3 LAWS OF MALAYSIA Act 3 CIVIL AVIATION ACT 1969 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and application 2. Interpretation PART IA DUTIES AND FUNCTIONS OF THE DIRECTOR GENERAL OF CIVIL AVIATION MALAYSIA 2A. The Director General of Civil Aviation Malaysia 2 B. Duties and functions of the Director General 2 C. Delegation of powers, duties and functions of the Director General 2D. Authority card PART II REGULATION OF CIVIL AVIATION 3. Power to give effect to the Chicago Convention and regulate civil aviation 4. Dangerous flying 6 Laws of Malaysia ACT 3 PART III ESTABLISHMENT AND OPERATION OF AERODROMES Section 5. Establishment of aerodromes by the Minister 5A. Establishment, maintenance and operation of aerodrome 6. Trespassing at licensed and Government aerodromes PART IIIA CIVIL AVIATION FUND 6A. Commencement of Part IIIA 6B. Interpretation 6C. Establishment of Civil Aviation Fund 6D. Money required to be paid to the Fund 6 E. Application of the moneys of the Fund 6F. Power of the Minister of Finance to determine development expenditure from Fund 6G. Surplus money in Fund 6H. Repayment of appropriation and payment of interest 6I. Financial policy in respect of civil aviation services 6J. Commercial Accounts 6K. Application of profits 6L. Funding 6M. Minister’s report to Parliament 6N. Audit 6O. Saving Civil Aviation 5 PART IV CONTROL OF OBSTRUCTIONS IN VICINITY OF AERODROMES Section 7. Indication of presence of obstructions near aerodromes 8. Power to declare a controlled area 9. Power to prohibit or regulate erection of structures and planting trees in controlled area 10. Notice to remove or alter structures, trees and other vegetation in controlled area 11. Power of entry on land 12. Damage caused by reduction or removal of structure or valuable tree or plant 13. Damage caused by entry on land under section 11 14. Compensation for loss of value of land 15. Procedure of settling claims for compensation under sections 12, 13 and 14 16. Certain offences and penalty 17. Power to make rules 18. (Deleted) PART V LIABILITY FOR DAMAGE CAUSED BY AIRCRAFT 19. Trespass, nuisance and responsibility for damage 20. Nuisance caused by aircraft on aerodromes PART VI DETENTION OF AIRCRAFT 21. Exemption of aircraft and parts thereof from seizure on patent claims 6 Laws of Malaysia ACT 3 Section 22. Detention of aircraft PART VII WRECK AND SALVAGE 23. Wreck and salvage PART VIII RESTRICTION ON CLAIMS FOR DAMAGES AND COMPENSATION 24. Restriction on claims for damages and compensation PART VIIIA LICENCE TO PROVIDE AIRPORT AND AVIATION SERVICES 24A. Power of Minister to grant a licence to provide airport and aviation services 24B. Charges and fees collected by licensed company 24C. Submission of memorandum for any change in existing charges and fees 24D. Minister to make regulations in respect of change in charges and fees 24E. General duties of licensed company 24F. Contravention of conditions of licence 24G. (Deleted) 24H. Inspectorial power of Director General 24I. Suspension or revocation of licence on breach of condition of licence 24J. Suspension or revocation of licence on breach of this Act or regulations under it 24K. Special power in emergency 24L. Use, occupation, etc., of lands in Malacca and Penang under Article 166(3) Civil Aviation PART VIIIB ENFORCEMENT AND INVESTIGATION Section 24LA. Authorized officer 24LB. Powers of enforcement, inspection and investigation 24LC. Power to require information 24LD. Power to conduct inspection 24LE. Power to investigate 24LF. Giving false or misleading information, evidence or document 24LG. Compliance order 24LH. Tipping off PART IX MISCELLANEOUS 24M. Offence by body corporate 24N. Power to compound 24O. Publication of notices, etc. 25. Extra-territorial application of subsidiary legislation 26. Offences 27. Military aircraft 27A. (Deleted) PART X TRANSITIONALS 28. Repeal of certain laws and saving provisions SCHEDULE 7 9 LAWS OF MALAYSIA Act 3 CIVIL AVIATION ACT 1969 An Act to make better provision in the law relating to Civil Aviation and for matters connected therewith and ancillary to it. [Throughout Malaysia—27 February 1969; Part IIIA: Peninsular Malaysia—1 May 1975, P.U.(B)163/1975] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title and application 1. This Act may be cited as the Civil Aviation Act 1969 and shall extend throughout Malaysia. Interpretation 2. (1) In this Act, unless the context otherwise requires— “aerodrome” means any area of land or water, including any airport, airstrip (including water airstrip), heliport, building, installation and equipment, for the use wholly or partly for the arrival, departure or movement of aircraft; 10 Laws of Malaysia ACT 3 “airport” means the aggregate of the lands comprised within an aerodrome including buildings, aircraft hangars, storage, facilities, roads and car parks used or intended to be used in whole or in part for the purposes of or in connection with the operation of such aerodrome; “cargo” means moveable property carried in aircraft; “Chicago Convention” means the Convention on International Civil Aviation concluded at Chicago on 7 December 1944; “crew” includes every person employed or engaged in an aircraft in flight on the business of the aircraft; “controlled area” means any area declared to be a controlled area under section 8; “damage or loss” include, in relation to a person, loss of life and personal injury; “Director General” means the Director General of Civil Aviation Malaysia; “erection” in relation to a structure includes an addition or alteration to any existing structure; “goods” and “articles” include mails and animals; “Government aerodrome” means any aerodrome under the control of the Minister and includes any aerodrome of the Armed Forces or any visiting force; “hire or reward” means any payment, consideration, gratuity or benefit, directly or indirectly charged, demanded, received or collected by any person for the use of an aircraft; “land” includes land covered with water and any right in or over land; “licensed company” means the company to which a licence is issued by the Minister under subsection 24A(1); Civil Aviation 11 “Malaysian aircraft” means an aircraft registered in any part of Malaysia; “military aircraft” means aircraft in the military service of the Armed Forces and include any aircraft that is commanded by a member of the Armed Forces in the course of his duties as such a member; “structure” includes any house, warehouse, office, shop, school and any other building, whether permanent or temporary, whether used for the purpose of human habitation or otherwise, and also any wall, fence, platform, staging, gatepost, pillar, poling, frame, boarding, bridge, cable, wire or any other artificial obstruction raised above ground level. (2) Any reference in this Act to any country or territory shall, unless the context otherwise requires, be construed as including a reference to the territorial waters, if any, adjacent to that country or territory and to the airspace over that country or territory and over the territorial waters adjacent to it. PART IA DUTIES AND FUNCTIONS OF THE DIRECTOR GENERAL OF CIVIL AVIATION MALAYSIA The Director General of Civil Aviation Malaysia 2A. The Director General of Civil Aviation Malaysia shall perform the duties and functions assigned to him under this Act. Duties and functions of the Director General 2B. It shall be the duty and function of the Director General— (a) to exercise regulatory functions in respect of civil aviation and airport and aviation services including the establishment of standards and their enforcement; 12 Laws of Malaysia ACT 3 (b) to represent the Government in respect of civil aviation matters and to do all things necessary for this purpose; (c) to ensure the safe and orderly growth of civil aviation throughout Malaysia; (d) to encourage the development of airways, airport and air navigation facilities for civil aviation; (e) to promote the provision of efficient airport and aviation services by the licensed company; and (f) to promote the interests of users of airport and aviation services in Malaysia in respect of the prices charged for, and the quality and variety of, services provided by the licensed company. Delegation of powers, duties and functions of the Director General 2C. (1) The Director General may, in writing, delegate any of the powers, duties and functions conferred on him by this Act. (2) Any person to whom any power, duty or function has been delegated under subsection (1) shall comply with all the conditions and restrictions imposed by the Director General and all the requirements, procedures and matters specified by the Director General. (3) Any power, duty or function delegated under subsection (1) shall be exercised, discharged or performed in the name of the Director General. (4) A delegation under this section shall not preclude the Director General himself from exercising, discharging or performing at any time any of the delegated powers, duties or functions. (5) A delegation under this section may be revoked or varied at any time by the Director General. Civil Aviation 13 Authority card 2D. Any person when acting under this Act shall, on demand, declare his office, and produce to the person against whom he is acting or from whom he seeks any information such authority card as the Director General may direct to be carried by such person. PART II REGULATION OF CIVIL AVIATION Power to give effect to the Chicago Convention and regulate civil aviation 3. (1) The Minister may make such regulations as he considers necessary or expedient to give effect to and for the better carrying out of the objects and purposes of this Act, to provide generally for regulating civil aviation and for carrying out the Chicago Convention, any Annex to it and any amendments of such Convention and Annexes. (2) Without prejudice to the generality of subsection (1), and without prejudice to this Act, the Minister may make regulations making provision for— (a) regulating the use of aircrafts on flights for hire or reward by establishing a system of certification or otherwise in respect of technical and safety matters; (b) the registration and marking of aircraft in Malaysia; (c) imposing conditions before any aircraft shall be allowed to fly including conditions relating to air worthiness, maintenance and repair, of such aircraft; (d) requiring persons performing prescribed functions in relation to the operation or maintenance of aircraft to be the holders of licences or certificates of specified kinds and providing for the 14 Laws of Malaysia ACT 3 grant, revocation, extension, validation, suspension or variation of such certificates or licences; (dd) the licensing, inspection and regulation of aerodromes, for access to aerodromes and places where aircrafts have landed and for prohibiting or regulating the use of unlicensed aerodromes; (e) regulating the use of, or restricting the entry to, aerodromes, aircraft factories or maintenance establishments or such other place as may be expedient including places where aircraft parts and engines are maintained; (f) presc