Civil Aviation Reform Act 1999

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RELATING TO THE REORGANIZATION UNDER THE PUBLIC ENTERPRISE ACT OF THE CIVIL AVIATION AUTHORITY OF FIJI

2.-(1) This Act commences on a date or dates to be appointed by the Minister by notice in the Gazette.

(2) The Minister may appoint different dates for the commencement of different Provisions of the Act.

"aerial work" means any purpose, other than the carriage of passengers or cargo, for which an aircraft is flown if hire or reward is given or promised in respect of the flight or the purpose of the flight;

"airport" means an area of land or water designed, equipped, set apart or used for the landing and take-off of aircraft and, includes any buildings or, installations on it;

"Airports Fiji" means Airports Fiji Limited, as that company exists from time to time (even if its name is later changed);

(d) an air traffic control service (comprising area control service, approach control service and airport control service);

"Chicago Convention" means the Convention on International Civil Aviation concluded at Chicago on 7 December 1944, as amended;

"commercial air transport" means aircraft operations involving the transport of passengers, cargo or mail for hire or reward;

(b) any Annex to that Convention, adopted in accordance with that Convention; or

(c) an agreement or arrangement between the State and another country under which the carriage by air of passengers or freight, or both passengers and freight, between the Fiji Islands and the other country is permitted;

"private use" means use other than for the purpose of commercial air transport or aerial work.

4. Pursuant to the reorganization of the Authority under the Public Enterprise Act 1996, specified assets and liabilities of the Authority are to be transferred to Airports Fiji accordance with, and under the provisions of, that Act.

5.-(1) The State may transfer to Airports Fijian airport, or other installation for the provision of services to aviation, or may grant to Airports Fiji a lease of an airport or an installation.

(2) The terms of a transfer or lease under subsection (1) are to be as agreed between the parties.

(3) The terms of a transfer or lease under subsection (1) may include provision for the payment by the State to Airports Fiji of amounts agreed in respect of services to be provided by Airports Fiji in the operation or management by it of the airport or installation.

(4) Any expenditure incurred by the State under this section is to be paid out of money appropriated by Parliament for the purpose.

in the Fiji Islands and in any area outside the Fiji Islands for which the State has, pursuant to a designated international agreement, undertaken to provide those services.

(2) Nothing in subsection (1) prevents Airports Fiji, with the approval of its share-holders, from providing services or facilities referred to in that subsection outside the Republic of the Fiji Islands

(3) The State is responsible for the provision of a search and rescue service in respect of aircraft but it may make arrangements with Airports Fiji for it to provide the service on the State's behalf.

(4) In performing its functions under this section, Airports Fiji must act in accordance with-

(b) any manual for air navigation services or air traffic services issued by the Authority.

7.-(l) Airports Fiji may, with the approval of the Minister, in respect of an airport owned or managed by it, make by-laws for regulating the use and operation of the airport and the conduct of persons within the airport and, in particular, by-laws-

(a) for securing the safety of aircraft, vehicles and persons using the airport and preventing danger to the public arising from the use and operation of the airport;

(c) for regulating vehicular traffic within the airport and, in particular, for imposing speed limits on vehicles and for restricting or regulating the parking of vehicles or their use in any manner specified in the by-laws;

(d) for prohibiting waiting by taxis except at stands provided by Airports Fiji;

(f) for preserving order and safety within the airport and preventing damage to property at the airport;

(3) A person who contravenes a by-law commits an offence and is liable on conviction to a fine of $2,000 and to 6 months imprisonment.

8.-(1) The Minister may make regulations to require Airports Fiji to act in a manner consistent with the State's obligations under-

insofar as the agreement, or any part of the agreement, is intended to affect the operation of airports that are open to access by international air transport.

(2) Regulations made for the purposes of this section must not come into operation before the agreement or amendment, as the case may be, enters into force, or comes into effect, for the Republic of the Fiji Islands.

(a) in relation. to an international airport, Airports Fiji knowingly or recklessly contravenes a provision of any regulations made for the purposes of section 8; and

Airports Fiji commits an offence and is liable on conviction to a fine of $200,000.

10.-(1) A person who operates an airport except under a licence, permit or approval issued by the Authority under this section commits an offence and is liable on conviction to a fine of $20,000.

(2) The Authority must not issue a licence, permit or approval to a person in respect of an airport unless the Authority is satisfied that-

(a) the person is competent to ensure the safe operation of the airport in accordance with-

(b) the grant of the licence, permit or approval is in the public interest and not detrimental to aviation safety.

(3) Subject to subsection (2), the Authority must, upon application duly made to it, issue a licence to a person authorising the person to operate an airport if it is satisfied that-

(a) in the case of an airport for use by international commercial air transport-the airport is designed and operated in accordance with the Standards of the International Civil Aviation Organisation (Annex 14- Aerodromes);

(b) in the case of an airport for use by national commercial air transport but not international commercial air transport- the airport is designed and operated in accordance with the standards published by the Authority in the Minimum Requirements Document (MRD) on national airport standards; and

(c) in the case for an airport for private use - the airport is designed and operated in accordance with standards established from time to time by the Authority for such an airport.

(4) Subject to subsection (2), the Authority must, upon application duly made to it issue a permit to a person authorising the use of a place as an airport if the Authority is satisfied that-

(a) the landing area is of adequate dimensions for the type of aircraft in respect of which remit is required, having regard to the elevation of the ground and the nature of any surrounding obstructions; and

(b) the landing area is sufficiently level and smooth to present no danger to aircraft landing and taking off and is sufficiently firm, in the conditions in which it is to be used, to withstand the weight of the aircraft to be used.

(5) Subject to subsection (2), the Authority may issue an approval to a person authorising the use of a place as an airport on such conditions as the Authority thinks fit.

(6) A person maybe granted a licence, permit or approval in respect of an airport for one or more of the following purposes-

and a licence, permit or approval may be so granted authorising the airport to be used by all types of aircraft or specified types of aircraft.

(7) Unless previously revoked by the Authority for breach of a condition, a licence; permit or approval remains in force for such period, not exceeding 12 months, as is specified in the licence, permit or approval.

(8) Regulations made under section 29 of the Civil Aviation Authority of Fiji Act (Cap. 174A) may prescribe fees for the issue of a licence, permit or approval.

11.-(1) Except in an emergency, the pilot of an aircraft must not cause the aircraft to take off or land at a place in the Fiji Islands other than an airport which has been-

under section 10, and in accordance with the terms and conditions under which any such licence, permit or approval has been issued or granted.

(2) The terms and conditions referred to in subsection (1) include any terms or conditions relating to-

(b) the use of the airport, whether for commercial air transport, aerial work or private use,

12.-(1) The operator of an airport may from time to time determine charges for services performed and facilities provided at the airport in connection with aircraft.

(3) Notice of a determination under subsection (1) must be given to the Authority
and must be published in the Gazette.

(4) This section does not apply in relation to a charge, fee or rent set under a contract, licence, lease or other agreement between the airport operator and a third person under which the airport operator provides premises, facilities or services at the airport to enable the third party to provide goods or services to passengers or the public at the airport.

13.-(1) If default is made in the payment of charges determined under section 12 in respect of any aircraft, the airport operator may, subject to this section-

(i) the aircraft in respect of which the charges were incurred (whether or not they were incurred by the person who is the operator of the aircraft at the time the detention begins); or

(b) if the charges are not paid within 56 days of the date when the detention begins, sell the aircraft in order to satisfy the charges.

(2) An airport operator must not detain, or continue to detain, an aircraft under this section by reason of default in the payment of charges if the operator of the aircraft or any person claiming an interest in it-

(a) disputes that the charges, or any of them, are due or, if the aircraft is detained under paragraph (a)(i) of subsection (1) that the charges in question were incurred in respect of that aircraft; and

(b) gives to the airport operator, pending the determination of the dispute, sufficient security for the payment of the charges that are alleged to be due.

(3) An airport operator must not sell an aircraft under this section without the leave of the High Court, and the court must not give leave except on proof that-

(c) the aircraft that the airport operator seeks leave to sell is liable to sale under this section by reason of the default.

(d) reasonable steps have been taken to. bring the application to the notice of all persons whose interests may be affected by a sale; and

(e) reasonable opportunity has been given to all such persons to become a party to the proceedings on the application.

(b) give effective title to the aircraft free of all encumbrances, leases and contracts of hire.

(b) secondly, in payment of the expenses incurred by the airport operator in detaining, keeping and selling the aircraft, including its expenses in connection with the application to the High Court;

(c) thirdly, in payment of the charges that the High Court has found to be due, and the surplus, if any, must be paid to, or amongst, the person or persons whose interests in the aircraft have been affected by reason of the sale.

(6) Subject to this section, a sale under this section maybe on such terms as the airport operator thinks fit and nothing in this section requires the airport operator to sell the aircraft outside the Fiji Islands.

(7) The power of detention and sale conferred by this section in respect of an aircraft extends to the equipment of the aircraft and any stores for use in connection with its operations (being equipment and stores carried in the aircraft), whether or not such equipment or stores are -the property of the person who is its operator, and references to the aircraft in this section include references to any such equipment and stores.

(8) The power of detention and sale conferred by this section in respect of an aircraft extends to any aircraft document

(9) The power conferred by this section to detain an aircraft in respect of which charges have been incurred may be exercised on the occasion on which the charges have been incurred or on any subsequent occasion when the aircraft is at the airport at which those charges were incurred or at any other airport operated by the airport operator concerned.

(10) Nothing in this section prejudices any right of the airport operator to recover any charges by civil process.

(11) No action lies against an airport operator, or against an employee or agent of an airport operator acting in the course of the employment or agency for or in respect of-

(a) loss or damage caused in detaining an aircraft in accordance with this section;

(b) loss of, or damage to, an aircraft so detained while it is in the custody, possession or control of the airport operator or of an employee or agent of the airport operator;

(c) any economic loss suffered by a person as a result of the detention or sale of the aircraft.

(12) Subsection (11) does not cover loss or damage that is wilfully or negligently, caused by an airport operator or an employee or agent of an airport operator.

(13) In this section, "employee", in relation to an airport operator, includes a director of the airport operator.

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Part.

(2) Regulations under subsection (1) may prescribe penalties for breach of the regulations, not exceeding a fine of $5,000.

15. The Civil Aviation Act (Cap. 174) is in this Part referred to as the 'principal Act'.

(a) by deleting paragraph (c) of subsection (2) and substituting the following paragraph-

'(c) for the control and use of airports, for access to airports and places where aircraft have landed and for access to factories for the purpose of inspecting work carried on in them in relation to aircraft, aircraft parts or aircraft equipment;';

(c) by deleting from subsection (4) 'one thousand dollars' and substituting '$2,000'.

19. Section 9 of the principal Act is amended by deleting subsection (4) and substituting the following subsection-

(a) by deleting from subsection (2) 'in respect of a Government airport, or to the owner in the case of any other airport,'; and

(a) by deleting 'the purposes of this Part' and substituting 'any purpose connected with the establishment or operation of an airport,'; and

'(2) The power of the Minister to grant an authorization under subsection (1) extends to granting an authorization in favour of an airport operator.

(3) If the Minister grants an authorization under subsection (1), the provisions of the State Acquisition of Lands Act apply as if the land concerned were to be acquired for a public purpose within the meaning of that Act.'.

23. Section 18 of the principal Act is amended by deleting from subsection (2) all the words after 'airport'.

24. The Civil Aviation Authority of Fiji Act (Cap. 174A) is in this Part referred to as the 'principal Act.'

(b) deleting 'including the maintenance of civil aviation safety services; the management of airports and their associated facilities' and substituting' relating to civil aviation, in particular the safety of civil aviation'.

26. Section 1 of the principal Act is amended by deleting "of Fiji" and substituting of the Fiji Islands".

(c) the personnel engaged in the provision of air navigation, air traffic control and associated services;

(d) the design, construction, maintenance, operation and use of aircraft and related equipment;

(g) the provision of air navigation, air traffic control and associated services;

(h) the provision of aviation security services and rescue and fire fighting services,

and includes any such standards contained in the Annexes to the Chicago Convention which the State is required to implement;

(b) in the definition of "Authority" by deleting "of Fiji" and substituting "of the Fiji Islands".

28. Section 3 of the principal Act is amended in subsection (1) by deleting "of Fiji" and substituting "of the Fiji Islands".

29. Section 11 of the principal Act is amended by deleting from paragraph (b) (ii) of subsection (1) 'the operation of airports, airport services, air traffic control, or aircraft or the safety of persons therein', and substituting 'regulating the safety of civil aviation operations,'.

30. Sections 14, 15 and 16 of the principal Act are repealed and the following section is substituted-

(a) any functions conferred on it by or under this Act or the Civil Aviation Act or the Civil Aviation Reform Act 1998; and

(b) carrying out such obligations of the State arising from the State's membership of the International Civil Aviation Organization as the Minister directs.

(a) encouraging a greater acceptance by the aviation industry of the industry's obligation to maintain high standards of aviation safety, through-

(iii) fostering an awareness in industry management, and within the community generally, of the importance of aviation safety and compliance with relevant legislation;

(b) promoting full and effective consultation and communication with all interested parties on aviation safety issues.

(3) The Authority also has the function of regulating the safety of civil aviation operations in the Fiji Islands by, among other things-

(a) issuing certificates, licences, approvals, registrations and permits after appropriate inspection, audit and examination;

(b) developing and promulgating appropriate, clear and concise aviation safety standards;

(c) developing effective enforcement strategies to secure compliance with aviation safety standards;

(d) assessing decisions taken by industry management at all levels for their impact on aviation safety;

(e) conducting regular reviews of the system of civil aviation safety in order to monitor the safety performance of the aviation industry, to identify safety related trends and risk factors and to promote the development and improvement of the system;

(f) conducting regular and timely assessment of international safety developments;

(g) conducting regular reviews of aviation security programmes and activities.'.

31. Section 17 of the principal Act is amended by deleting paragraphs (d), (e) (f), (g) and (h) of subsection (1) and substituting the following paragraphs-

(e) to dispose of assets no longer required by the Authority for the performance of its functions;'.

33. Section 29 of the principal Act is amended by deleting paragraphs (a), (b) and (d).

(2) Notwithstanding the repeal effected by subsection (1), by-laws in force at an airport the ownership or the operation and management of which is transferred to Airports Fiji in accordance with this Act continue in force as if made by Airports Fiji under section 7 of this Act.

"'Airports Fiji" means Airports Fiji Limited, as that company exists from time to time (even if its name is later changed);';

(b) in the definition of "Authority" in subsection (1) by deleting "of Fiji" and substituting "of the Fiji Islands";

(a) by deleting from subsection (1) 'any general or special directions in writing and the Authority' and substituting 'or Airports Fiji any general or special directions in writing and the Authority or Airports Fiji, as the case may be,'; and

(b) by inserting in subsection (2) 'or Airports Fiji, as the case may be,' after 'Authority'.

41. Section 19 of the principal Act is amended by deleting 'Authority' and substituting 'Airports Fiji'.

42. Section 22 of the principal Act is repealed and the following section is substituted-

22. Airport Security Service Airports Fiji must establish a service to be known as the Airport Security Service comprising personnel appointed by Airports Fiji for the purpose as employees or under contract.'.

43. Section 23 of the principal Act is amended by deleting 'Authority' from paragraph (a) and substituting 'Airports Fiji'.

44. Section 27 of the principal Act is amended by deleting 'Authority' (wherever occurring) and substituting 'Airports Fiji'.

(a) by inserting the following definitions in subregulation (1) in their appropriate alphabetical positions-

"Airports Fiji" means Airports Fiji Limited, as that company exists from time to time (even if its name is later changed);

"commercial air transport" means aircraft operations involving the transport of passengers, cargo or mail for hire or reward;'

(b) in the definition of "Authority" by deleting "of Fiji" where it twice appears and substituting "of the Fiji Islands";

(c) by deleting from subregulation (1) the definition of "Government airport'';

(d) by deleting 'these Regulations' from the definition of "licensed airport" in subregulation (1) and substituting 'the Civil Aviation Reform Act 1998'.

46. Regulation 24 of the Air Navigation Regulations is amended by inserting the following definition in subregulation (1)-

Column 1	Column 2	Column 3	Column 4

	Lighter than air aircraft	Non-power driven	Free Balloon
			Captive Balloon
			Glider (Fixed lifting surfaces)

Aircraft			Glider (Non Fixed lifting surfaces)
			Kite
		Power driven	Airship

	Heavier than air aircraft	Power driven (flying machines)	Aeroplane (Landplane)
			Aeroplane (Seaplane)
			Aeroplane (Amphibian)
			Aeroplane
			(Self-launching Motor Glider)
			Powered Lift (Tilt rotor)
			Rotorcraft (Helicopter)
			Rotorcraft (Gyroplane);’

47. Regulation 25 of the Air Navigation Regulations is amended by adding at the end

'and in the case of international commercial air transport, in accordance with relevant provisions of Annex 6 to the Convention on International Civil Aviation (Chicago 1944)'.

(a) by adding' aeronautical facility technicians' after' maintenance engineers' in subregulation (2);

49. Regulation 61 of the Air Navigation Regulations is amended by adding at the end-

Maximum period of validity-12 months from the date of issue or renewal of the licence.

Privileges-Subject to the validity of the endorsements included in the licence, the holder of an air traffic controller's licence may, in accordance with these regulations, Annex 11 to the Convention on International Civil Aviation and the Manual of Air Traffic Services, provide or supervise air traffic control services at a place and in the capacity to which the ratings relate and the ratings shall be deemed to form part of the licence.

Maximum period of validity-12 months from the date of issue or renewal of the licence.

Privilege-Subject to the validity of the endorsements included in the licence, the holder of an airport flight information service officer's licence may, in accordance with these regulations, ICAO Circular 211 and the Manual of Air Traffic Services, at a place specified in the licence by the Authority, provide advice and information for the safe and efficient conduct of flight.

Maximum period of validity-12 months from the date of issue or renewal of the licence.

Privileges-Subject to the validity of the endorsements included in the licence, the holder of an aeronautical station operator's licence may, in accordance with these regulations, and as notified by the Authority, act as an operator in an aeronautical station.

Maximum period of validity -12 months from the date of issue or renewal of the licence.

Privileges-Subject to the validity of the endorsements included in the licence, the holder of an aeronautical facility technician's licence may, in respect of aeronautical facilities, in accordance with these regulations and as notified by the Authority, certify fitness for use with respect to aeronautical facilities.

Maximum period of validity-12 months from the date of issue or renewal of the licence.

Privileges-Subject to the validity of the endorsements and ratings included in the licence, the holder shall is be entitled to fly, when the balloon is flying for any purpose whatsoever, as pilot-in-command or co-pilot of any type of balloon specified in the aircraft rating included in the licence. The holder shall not act as pilot-in-command on a flight for the purpose of the public transport of passengers unless the holder has within the immediately preceding 90 days carried out as pilot-in-command in a free balloon 3 flights each of not less than 5 minutes' duration.'.

50.-(1) Regulation 64 of the Air Navigation Regulation is amended by adding the following subregulations-

(2) The following ratings maybe included in an air traffic controller's licence granted under regulations 53 and 61, and, subject to the provisions of these regulations, the inclusion of a rating in a licence gives rise to the following entitlements-

If an aerodrome control rating is included in an air traffic control licence, the holder of the licence is entitled to provide or to supervise the provision of aerodrome control services for the aerodrome for which the licence holder is rated.

If an approach control rating is included in an air traffic control licence the holder of the licence is entitled to provide or to supervise the provision of approach control service for the aerodrome or aerodromes for which the licence holder is rated, within the airspace or portion of airspace under the jurisdiction of the unit providing approach control service.

If an approach satellite based systems (SBS) control rating is included in an air traffic control licence, the holder of the licence is entitled to provide and/or supervise the provision of approach control service with the use of satellite based systems for the aerodrome or aerodromes for which the licence holder is rated, within the airspace or portion of airspace under the jurisdiction of the unit providing approach control services.

If an approach radar control rating is included in an air traffic control licence, the holder of the licence is entitled to provide and/or supervise the provision of approach control service with the use of radar or other surveillance systems for the aerodrome or aerodromes for which the licence holder is rated, within the airspace or portion of airspace under the jurisdiction of the unit providing approach control service.

If an approach precision radar control rating is included in an air traffic control licence, the holder of the licence is entitled to provide and/or supervise the provision of precision approach radar service at the aerodrome for which the licence holder is rated.

If an area control rating is included in an air traffic control licence, the holder of the licence is entitled to provide and/or supervise the provision of area control service within the control area or portion of a control area for which the licence holder is rated.

If an area satellite based systems (SBS) control rating is included in an air traffic control licence, the holder of the licence is entitled to provide and/ or supervise the provision of area control services with the use of satellite based systems within the control area or portion of a control area for which the licence holder is rated.

If an area radar control rating is included in an air traffic control licence, the holder of the licence is entitled to provide and/or supervise the provision of area control service with the use of radar within the control area or portion of a control area for which the licence holder is rated.

"aerodrome" means a defined area on land or water (including any buildings or installations intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft.'.

51. Regulation 66 of the Air Navigation Regulations is amended adding the following subregulation-

'(2) If a flight engineer or a trainee flight engineer is undertaking training on an aeroplane in flight the holder of the permit is not required to comply with paragraphs (a), (b),(c) and (d) so long as he or she flies at all times under the authority and supervision of a person holding a Flight Engineer's licence issued under these Regulations.'.

52. Regulation 71 of the Air Navigation Regulations is amended by deleting from paragraph (e) of subregulation (1) 'or manager of a Government airport or' and substituting 'of a'.

53. Regulation 114 of the Air Navigation Regulations is amended by deleting from subregulation (1) ',a Government airport or an airport managed by the Authority'.

54. Regulation 129 of the Air Navigation Regulations is amended by deleting 'not apply to airports operated or managed by the Authority under the Civil Aviation Authority of Fiji Act and airports used by seaplanes whose maximum authorised weight is less than 5,700 kilograms, but shall apply to all other' and substituting 'apply to all'.

(a) by deleting from subregulation (1) 'Authority' (wherever occurring) and substituting 'airport operator';

(c) by deleting from subregulation (3) '(not being an airport operated managed by the Authority)'.

56. Regulation 131 of the Air Navigation Regulations is repealed and the following regulation substituted -

131. The Authority, or any person authorized by the Authority, has at all times a right of access to any aircraft, airport, building, installation, facility or place to which access is necessary for the purpose of carrying out the powers and duties of the Authority under the Civil Aviation Reform Act 1998 or these Regulations.'.

(a) by deleting from subregulation (1) 'managed or operated by the Authority shall be governed by the provisions of these Regulations relating to such an airport and by any orders and instructions of the Authority' and substituting 'shall be governed by the provisions of these Regulations relating to the airport and by any orders and instructions of the airport operator';

(b) by deleting from subregulation (2) 'managed or operated by the Authority'; and

(c) by deleting from subregulation (3) 'managed or operated by the Authority, except with the permission in writing of the Authority' and substituting, 'except with the permission in writing of the airport operator'.

(a) by deleting from subregulation (1) 'managed or operated by the Authority'; and

(b) by deleting from subregulations (2), (3), (4) and (5) 'Authority' and substituting 'airport operator'.

60. Regulations 142 and 143 of the Air Navigation Regulations are repealed and the following regulations are substituted-

142. Any person vending fuel and any person refuelling aircraft at an airport must do so in a safe and proper manner and must comply with any directions of the airport operator.

143. If the airport operator or an authorised person considers it necessary to do so, to ensure the safety of aircraft, the airport operator or the authorised person may shoot, destroy or trap any livestock or animal found straying on the airport or airport installation.'.

61. Regulation 144 of the Air Navigation Regulations is amended by deleting from paragraph (a) 'managed or operated by the Authority'.

62. Regulation 145 of the Air Navigation Regulations is repealed and the following regulation is substituted-

145. (1) A person must not take a motor vehicle on to the area of an airport used by aircraft unless there is displayed on the vehicle a permit issued by the airport operator.

(2) A person must only operate a motor vehicle or mechanically propelled equipment on a taxiway, runway, strip or parking apron at an airport in the course of his or her lawful duties and in accordance with any instructions of the airport operator or air traffic control unit, where appropriate.'.

63. Regulation 148 of the Air Navigation Regulations is amended by deleting 'The Authority and any' and substituting 'An'.

(a) by adding at the end of paragraph (a) of subregulation (2) 'or Airports Fiji'; and

65. Regulation 153 of the Air Navigation Regulations is amended by adding, following subregulation-

'(3) Any power or duty conferred or imposed by these Regulations on Airports Fiji may be exercised or discharged by any person authorised by it in writing for the purpose.'.

66. Regulation 156 of the Air Navigation Regulations is amended by inserting in subparagraph (ii) 'or Airports Fiji' after 'Authority'.

(a) by deleting 'Regulation 133' from the regulations listed at the foot of subregulation (3); and

(b) by repealing subregulation (4) and substituting the following subregulation-

'(4) A person who contravenes any provision of these Regulations, not being a provision specified in subregulation (3) commits an offence and is liable on conviction to a fine of $2,000 and to imprisonment for 12 months.'.

68. The following regulations of the Air Navigation Regulations are amended by omitting 'the Authority' (wherever occurring) and substituting 'Airports Fiji'-

Regulations 2(1) (definitions of 'Aeronautical Information Publication', airport reference point', 'airport traffic zone', 'air traffic service reporting office', 'airway', 'air traffic service route', 'control area', 'control zone', danger area', 'prohibited area', 'reporting point', 'restricted area', 'terminal control area' and 'transfer of control point'), 86, 96(3), 97)1), 99(1) and (2), 100(l),101(l),102,104(1),105,107(1),110(1),111(2),112,113,114,118, 121, 138 and 139.

69.-(1) This Part does not prevent the amendment or repeal of the Air Navigation Regulations by regulations made under the Civil Aviation Act.

(2) Notwithstanding the amendments of the Air Navigation Regulations made by this Part, the Aeronautical Information Publications, Notices to Airmen, Information Circulars and other publications relating to air navigation issued by the Authority before the commencement of this Part any of those publications becomes the responsibility of Airports Fiji, it is deemed to have been issued by Airports Fiji.

70.-{1) Section 3 of the Airport Departure Tax Act 1986 (No. 5 of 1986) is amended by deleting "$12.50" and substituting "$20.00".

(a) in regulation 3(a) by deleting "the Authority" and substituting "Airports Fiji Limited";

Consequential provisions on change of name to Civil Aviation Authority of the Fiji Islands

71.-(1) A reference (express or implied) to the Civil Aviation Authority of Fiji in any written law, in any contract, instrument or register, in any other public or private document, or in any court proceedings is, unless the context otherwise requires, to be read and construed as a reference to the Civil Aviation Authority of the Fiji Islands.

(2) No registrar or other person charged with the keeping of any books or registers is obliged solely by reason of the change of the name of the Authority to change the name of, or references to, the Authority in those books or registers or in any document.

(3) The presentation to any registrar or other person of any instrument by the Authority-

(b) relating to any property held immediately before the appointed day by the Authority; and

(c) containing a recital that the name of the Authority has been changed to the Civil Aviation Authority of the Fiji Islands in accordance with the laws of the State,

is, in the absence of evidence to the contrary, sufficient to empower and require the Registrar or other person to change the name of the Authority in any book, register or document to which the instrument refers.

Fiji Sessional Legislation

Civil Aviation Reform Act 1999