*CIVIL AVIATION ACT 1969

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

to exercise regulatory functions in respect of civil aviation and airport and aviation services including the establishment of standards and their enforcement;

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to represent the Government in respect of civil aviation matters and to do all things necessary for this purpose;

to ensure the safe and orderly growth of civil aviation throughout

Malaysia;

to encourage the development of airways, airport and air navigation facilities for civil aviation;

to promote the provision of efficient airport and aviation services by the licensed company; and

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

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.

Any power, duty or function delegated under subsection (1) shall be exercised, discharged or performed in the name of the Director General.

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.

A delegation under this section may be revoked or varied at any time by the Director General.

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Authority card

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.

Without prejudice to the generality of subsection (1), and without prejudice to this Act, the Minister may make regulations making provision for—

Subject to subsection (4), regulations made under this section may provide for the imposition of the following penalties:

In the case of a regulation made in pursuance of paragraph (2)(m), may also provide for the taking of such steps (including firing on aircrafts) as may be specified in regulations made under this Act.

Notwithstanding subsection (3), any regulations made in pursuance of paragraph (2(a) may provide for the imposition of the following penalties:

Where an aircraft is flown in such a manner as to be the cause of unnecessary danger to any person or property on land or water, the pilot or the person in charge of the aircraft, and also the owner of it, unless he proves to the satisfaction of the court that the aircraft was so flown without his actual fault or privity, shall be guilty of an offence and on conviction shall be liable to imprisonment for a term not exceeding five years or to a fine not exceeding one hundred thousand ringgit, or to both.

For the purpose of this section, “owner”, in relation to an aircraft, includes any person by whom the aircraft is hired at the time of the offence.

This section shall be in addition to, and not in derogation of, any provisions made by the Minister under the powers conferred by section 3.

The Minister may establish and maintain aerodromes, and provide and maintain in connection with it, roads, approaches, apparatus, equipment and buildings and other accommodation.

The Minister may for the purpose of exercising the powers conferred by subsection (1) acquire land by agreement or in accordance with the

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appropriate law in force in the relevant part of Malaysia relating to the acquisition of land for public purposes.

The purposes for which the Minister may acquire land under this section include the purpose of securing that the land adjacent to the site of an aerodrome which the Minister has established, or is about to establish, shall not be used in such manner as to cause interference with, or danger or damage to, aircraft at, or approaching or leaving, the aerodrome.

Establishment, maintenance and operation of aerodrome

authorize any person to establish an aerodrome in Malaysia for the take-off and landing of any aircraft engaged in the carriage of passengers, mail or cargo for hire or reward; and

authorize any person to establish, and license any person to maintain or operate, an aerodrome in Malaysia for the take-off and landing of any aircraft engaged in the carriage of passengers, mail or cargo not for hire or reward.

For the purpose of subsection (1), the Minister may impose such terms and conditions as he thinks fit.

Any person who establishes an aerodrome without an authorization or maintains or operates an aerodrome without a licence under subsection (1)

shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding ten years or to both.

Any person who fails to comply with any of the terms and conditions imposed under subsection (2) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

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Trespassing at licensed and Government aerodromes

Any person being the owner or for the time being having charge of a domestic animal which trespasses on land forming part of an aerodrome shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand ringgit.

Any animal found on land forming part of an aerodrome may be destroyed by the proprietor of the aerodrome or by a person authorized by him:

Provided that if any such animal is for the time being in the charge of a person, such animal shall not be destroyed unless such person, upon being requested so to do, fails to remove the animal within a time which is in the circumstances reasonable.

(Deleted by Act A803).

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PART IIIA

CIVIL AVIATION FUND

*Commencement of Part IIIA

The monetary transaction of the civil aviation authority shall be processed through the Fund, and for this purpose the following new item is hereby incorporated into the Second Schedule to the Financial Procedure

Act 1957—

“Civil Aviation Fund.”.

On the establishment of the

Fund and notwithstanding subsection 9(6) of the Financial Procedure Act 1957, the balances in the

Trust Accounts in respect of the civil aviation authority except the

Development Fund Trust Account shall be paid to the Fund.

Money required to be paid to the Fund

such sums as may be appropriated from the Consolidated

Revenue Account for the purposes of civil aviation services;

such sums as may be appropriated from the Development Fund for expenditure on the development and expansion of the civil aviation services;

all receipts in respect of any licence issued or of any works or services performed by the civil aviation authority which were paid or will be paid out of—

moneys standing to the credit of the Fund; or

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moneys received from the sale or lease or hire of any property controlled by the civil aviation authority or acquired or produced out of—

moneys standing to the credit of the Fund; or

interest received from the investment of moneys standing to the credit of the Fund;

moneys received by the Federation in respect of any matter incidental to the performance of any functions or the exercise of any powers conferred upon the civil aviation authority by this

Act; and

any other moneys received by the Federation in such circumstances as the Minister of Finance considers appropriate to be paid to the Fund:

Provided that in all cases any moneys received by the civil aviation authority between 1 January of the year of the appointed date and the date immediately preceding the appointed date which would have to be paid to the Fund under this subsection had the moneys been received on or after the appointed date, shall be accounted for in the Fund, subject to an amount not exceeding the receipts for the period of six months immediately preceding the appointed date.

Payments into the Fund of moneys referred to in paragraphs (1)(a)

and (b) shall be made in such sums and at such times as the Minister of

Finance directs.

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Application of the moneys of the Fund

payment of the remuneration of the Director General and other persons employed by the Government in the Civil Aviation

Department including contributions to the Employees Provident

Fund or other schemes approved by the Government in respect of such persons;

payment for the cost of goods and services acquired for the purposes of the civil aviation services and for the acquisition of movable and immovable property incidental to the carrying out of works and services pursuant to this Act;

payment to the appropriate Consolidated Accounts by ways of reimbursement in respect of—

pensions, gratuities and other allowances granted under the pensions laws to the Director General and other persons employed by the Government in the Civil Aviation

Department or their dependants;

payments in discharge of any liabilities incurred by the Federation on the civil aviation services; and

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payment of any other expenditure properly incurred or accepted by the civil aviation authority in the exercise of its powers and functions under this Act:

Provided that in all cases any payment by the civil aviation authority between 1 January of the year of the appointed date and the date immediately preceding the appointed date which would have to be made out of the Fund under this subsection had the payment been made on or after the appointed date, shall be accounted for in the Fund.

Moneys standing to the credit of the Fund may be invested in accordance with subsection 8(3) of the Financial Procedure Act 1957.

Power of the Minister of Finance to determine development expenditure from Fund

direct payment out of the Fund in such amounts and at such times as he specifies to the Consolidated Revenue Account or the

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Development Fund of sums paid into the Fund under paragraphs 6D(1)(a) and (b);

direct the payment out of the Fund at such times as he specifies to the Consolidated Revenue Account of amounts representing interest at such rates as he determines upon so much of any amount to which the paragraph (a) applies that has not been repaid.

Financial policy in respect of civil aviation services

All the assets and liabilities of the civil aviation authority as on 1

January of the year of the appointed date which are not reflected in the financial accounts of the Federation shall be incorporated into the commercial accounts and the net worth of it shall be treated as capital of the

Federation invested in the civil aviation authority on that date.

The Director General with the concurrence of the Treasury shall issue directions and instructions as to the manner in which the books and accounts shall be kept and the form in which statements of accounts shall be submitted for audit.

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Application of profits

The Director General shall, not later than 31 March of the following year or such later date as the Minister of Finance may determine transmit to the Auditor General the financial statements of the commercial accounts

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referred to in subsection (1) which will consist of the balance sheet, profit and loss statement and such other supporting statements as may be required by the Treasury.

The audited statements shall be submitted to the Minister of Finance, who shall cause them to be laid before each House of Parliament.

Saving

to execute, install, maintain, operate and, as occasion requires, repair and alter, such works and apparatus as may be necessary for enabling such warning to be given in the manner specified in the order; and

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so far as may be necessary for exercising any of the powers conferred by the order to enter upon and pass over, with or without vehicles, any such land as may be specified in the order:

Provided that no such order shall be made in relation to any structure if it appears to the Minister that there have been made, and are being carried out, satisfactory arrangements for the giving of such warning of the presence of the structure.

The Minister shall, before making any such order, cause to be published, in such manner as he thinks best for informing persons concerned, notice of the proposal to make the order and of the place where copies of the draft order may be obtained free of charge, and take into consideration any representations with respect to the order which may, within such period not being less than two months after the publication of the notice as may be specified in it, be made to him by any person appearing to him to have an interest in any land which would be affected by the order; and, at the end of that period, the order may, subject to this section, be made with such modifications, if any, of the original draft as the Minister thinks proper.

Every such order shall provide—

For the purpose of this subsection, any expense reasonably incurred in connection with the lawful removal of any apparatus installed in pursuance of such an order, and so much of any expense incurred in connection with the repair, alteration, demolition or removal of any structure to which such an order relates as is attributable to the operation of the order, shall be deemed to be damage or loss suffered in consequence of the order.

The ownership of anything shall not be taken to be affected by reason only that it is placed in, or affixed to, any land in pursuance of such an order as aforesaid; and, subject to subsection (7), so long as any such order in respect of an aerodrome is in force, no person shall, except with the consent of the licensee or any person in charge of an aerodrome, willfully interfere with any works or things which, to the knowledge of that person, are works or things executed or placed in, on or over any land in pursuance of the order.

If any person contravenes subsection (5), he shall be guilty of an offence and on conviction shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding fifty thousand ringgit, or to both.

Nothing in this section shall operate, in relation to any structure, so as to restrict the doing of any work for the purpose of repairing, altering, demolishing or removing the structure if—

to remove or reduce in height any structure on such land which is above the height specified in such order, whether such structure was erected before or after the making of such order, or any tree

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or other high growing vegetation, either planted in contravention of such order or likely, in the opinion of the Minister, to cause an obstruction to aircraft or to hinder the operation of any aid to air navigation; and

to take such steps in regard to, or to effect such alterations to, any structure, tree or other vegetation on any land within a controlled area, or any part of such area, as may be necessary to comply with any conditions imposed by any order under section 9 applicable to such structure, trees or vegetation or, in the case of any structure erected or tree or vegetation existing before the making of such order, which would have been applicable to such structure, tree or other vegetation if it had been erected or planted after the making of such order.

If default shall be made in complying with such notice within the time fixed by such notice, any officer authorized by the Minister, either generally or specially in that behalf, may enter upon such land and cause such action to be taken as is required by such notice, and may recover the cost of, and all expenses incurred in doing, any necessary work from the person in default.

Power of entry on land

Any person who wilfully obstructs any person in the exercise of any of the powers conferred by this Part or by any subsidiary legislation made under this Part shall be guilty of an offence and shall on conviction be liable—

damages are recoverable from the owner in respect of such damage or loss by virtue only of the preceding provisions of this section; and

a legal liability is created in some person other than the owner to pay damages in respect of such damage or loss, the owner shall be entitled to be indemnified by that other person against any claim in respect of the damage or loss.

Where any aircraft has been bona fide demised, let or hired out for a period exceeding fourteen days to any other person by the owner of it, and no pilot, commander, navigator or operative member of the crew of the aircraft is in the employment of the owner, this section shall have effect as though for references to the owner there were substituted references to the person to whom the aircraft has been so demised, let, or hired out.

Nuisance caused by aircraft on aerodromes

No action shall lie in respect of nuisance by reason only of the noise and vibration caused by aircraft on an aerodrome to which this subsection applies by virtue of regulations under section 3, so long as any such regulations are duly complied with.

The importation into, and storage in, Malaysia of spare parts and spare equipment for an aircraft to which this section applies and the use and installation of it in the repair of such an aircraft shall not entail any seizure or detention of the aircraft or of the spare parts or spare equipment or any proceedings being brought against the owner or operator of the aircraft or the owner of the spare parts or spare equipment or any other interference with the aircraft by or on behalf of any person in Malaysia on the ground that the spare parts or spare equipment or their installation are or is an infringement of any patent, design or model:

Provided that this subsection shall not apply in relation to any spare parts or spare equipment which are sold or distributed in Malaysia or are exported from Malaysia for sale or distribution.

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This section shall apply to an aircraft, other than an aircraft used in military, customs or police service, registered in any country or territory in the case of which there is for the time being in force a declaration, made by the Minister and published in the Gazette, with a view to the fulfilment of the

Chicago Convention to which this section relates, that the benefits of those provisions apply to that country or territory, and to such other aircraft as the

Minister may specify in any such declaration.

Detention of aircraft

Subsection (1) shall have effect notwithstanding that the aircraft concerned is a foreign aircraft, and notwithstanding that the services in question are rendered elsewhere than within the limits of the territorial waters adjacent to any part of Malaysia.

The provisions relating to vessels in distress (except in respect of examination of ships in distress) and provisions relating to dealing with

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wrecks, unclaimed wrecks, removal of wrecks, offences in respect of wrecks, collisions, salvage procedure, jurisdiction of the High Courts in salvage and

Receivers of wrecks contained in the law for the time being in force relating to merchant shipping shall apply in relation to aircrafts as those provisions apply to ships, with such modifications as may be necessary and in particular with the following exceptions, adaptations and modifications:

save under and in accordance with the relevant provisions of this

Act and of any subsidiary legislation made under it; and

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unless the claim is made within three months of happening of the event which gave rise to the claim or within such further time as the Minister may, in any case or class of cases, allow.

This section shall not apply to any claims made under or any actions brought in pursuance of section 19.

PART VIIIA

LICENCE TO PROVIDE AIRPORT AND

AVIATION SERVICES

Power of Minister to grant a licence to provide airport and aviation services

Without prejudice to the generality of subsection (1), every licence issued under this section shall set out the following matters:

The issue of a licence to a company under subsection (1) shall not impose any liability on the Government of Malaysia for any loss, damage, injury or death occasioned by, or resulting from any incident or reportable accident as a result of, any act, omission or default of the company.

In this section—

“incident” means an occurrence associated with the operation of an aircraft which affects or could affect the safety of the operation;

“reportable accident” means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked from it, in which—

The Minister shall consider the memorandum within six months of its submission.

Where the Minister approves the memorandum, he may subject his approval to such modifications as he deems fit to the proposals in the memorandum.

Where the Minister rejects the memorandum, the licensed company may, where there is a change in circumstances relating to the proposals in the memorandum, apply to the Minister for a review:

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Provided that such application shall be made before the expiration of thirty days from the date of notice of rejection of the memorandum.

The Minister shall consider the application within three months of its submission.

Minister to make regulations in respect of change in charges and fees

The licensed company shall have due regard to the efficiency, economy and safety of operation in respect of the services provided by it.

Contravention of conditions of licence