PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
CIVIL AVIATION
ACT, No. 14 OF 2010
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Published as a Supplement to Part II of the
Gazette of the Democratic
Socialist Republic of Sri Lanka
of November 04, 2010
1
Civil Aviation Act, No. 14 of 2010
2—PL 005201–4,190 (09/2010)
Short title and
date of
operation.
Convention to
govern civil
aviation activities
within
Sri Lanka.
Application of
the provisions of
this Act.
[Certified on 03rd November, 2010]
L.D. – O. 52/2000.
A
N
A
CT
TO
MAKE
PROVISION
FOR
THE
REGULATION
,
CONTROL
AND
MATTERS
RELATED
TO
CIVIL
AVIATION
;
TO
GIVE
EFFECT
TO
THE
CONVENTION
ON
INTERNATIONAL
CIVIL
AVIATION
AND
FOR
MATTERS
CONNECTED
THEREWITH
AND
INCIDENTAL
THERETO
.
BE it enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows:—
1.
This Act may be cited as the Civil Aviation Act,
No. 14 of 2010, and shall come into operation on such date
(hereinafter referred to as the “appointed date”) as the
Minister may appoint by Order published in the
Gazette.
CHAPTER I
P
RELIMINARY
2.
The Articles of the Convention relating to safety,
regularity, efficiency and security of civil aviation as are
specified in the Schedule to this Act, shall govern all
activities relating to civil aviation within the territory of
Sri Lanka.
3.
(1) The provisions of this Act shall apply in respect
of all activities relating to civil aviation within the territory
of Sri Lanka and in particular, in respect of the following:—
(
a
) aircraft registered in Sri Lanka and all aviation
personnel licensed under this Act, whether such
personnel are within or outside the territory of
Sri Lanka;
(
b
) aircraft other than those registered in Sri Lanka and
users of aeronautical services being provided within
the territory of Sri Lanka;
2
Civil Aviation Act, No. 14 of 2010
Responsibilities
of the Minister.
(
c
) the regulation, administration and safety oversight
of activities relating to civil aviation carried out
within the territory of Sri Lanka;
(
d
) the provision of aeronautical services; and
(
e
) other matters relating to the safe and orderly
operation and development, including the
economic development of civil air navigation and
air transport.
(2) The provisions of this Act and any regulations and
rules made thereunder, shall not apply in respect of any
aircraft or Aerodrome exclusively used in the service of or
for the purposes of the Armed Forces.
(3) The application of the provisions of this Act in respect
of aircraft in the use of the Government of Sri Lanka shall be
to the extent as may be determined by the Minister, by Order
published in the
Gazette.
(4) Notwithstanding the provisions of subsection (2) and
subsection (3) of this section, the provisions of this Act shall
apply in respect of aircraft operated by the Armed Forces
and aircraft in the use of the Government of Sri Lanka, where
such aircraft are engaged in the carriage of passengers or
cargo for hire or for reward.
4.
The Minister shall be responsible for the
development, regulation and control of civil aviation in
Sri Lanka and in the discharge of such responsibilities, the
Minister shall —
(
a
) make recommendations to the Cabinet of Ministers
in regard to the formulation of a National Aviation
Policy for Sri Lanka;
(
b
) periodically review and analyse the aforesaid
National Aviation Policy and where necessary
recommend to the Cabinet of Ministers, any
changes to such Policy;
3
Civil Aviation Act, No. 14 of 2010
Minister to
delegate his
powers under the
Act.
(
c
) promulgate regulations for the implementation of
the provisions of this Act and for the fulfillment of
international obligations of Sri Lanka in respect of
the SARPS;
(
d
) assist and advise the Government to secure by
international agreement or otherwise, the rights for
Sri Lanka in international air traffic and to initiate
and direct negotiations thereon;
(
e
) establish, develop, maintain and provide
aeronautical services and other facilities and
services relating to civil aviation;
(
f
) initiate projects, technical researches, studies or
investigations which in the opinion of the Minister
will promote the development of civil aviation
activities in Sri Lanka;
(
g
) specify the charges, fees and costs to be paid with
respect to the grant of any certificate, licence, permit
or authorization or for the rendering of any services
under the provisions of this Act and the Civil
Aviation Authority of Sri Lanka Act;
(
h
) issue directions to the Authority as the Minister
may consider necessary to perform any function
relating to civil aviation for which no specific
provisions are made under this Act or the Civil
Aviation Authority of Sri Lanka Act, as the case
may be, or in any regulations or rules made under
those Acts ; and
(
i
) undertake any other activity or function in relation
to civil aviation as he may consider appropriate, in
concurrence with the Authority.
5.
(1) The Minister may delegate all or any of his
powers, duties or functions under this Act to the Authority
or to the Director General, who shall exercise, perform or
4
Civil Aviation Act, No. 14 of 2010
Appointment of
Service
Providers.
discharge such powers, duties or functions, subject to such
directions as may be issued by the Minister.
(2)
The Minister may notwithstanding any delegation
under subsection (1), have the power to exercise, perform or
discharge any power, duty or functions delegated under that
subsection.
CHAPTER II
A
PPOINTMENT
OF
S
ERVICE
P
ROVIDERS
6.
(1) For the purpose of providing the aeronautical
services specified in section 31 of this Act, the Minister in
consultation with the Authority may, subject to the
provisions of subsection (3), appoint by Order published in
the
Gazette
, any person or persons, to be a Service Provider
(hereinafter referred to as “Service Provider”) subject to such
terms and conditions as may be specified in such Order.
(2)
The terms and conditions specified in the Order made
under subsection (1) may be amended from time to time by
a subsequent Order made in that behalf by the Minister in
consultation with the Authority. It shall be the duty of a
Service Provider whose terms and conditions are so amended
by such Order, to comply with the same.
(3)
The following provisions shall apply in regard to
the appointment of Service Providers by the Minister under
subsection (1) :—
(
a
) the Statutory Service Provider shall be appointed
as the Service Provider for the purpose of providing
the aeronautical services specified in:—
(i) paragraph (
a
) of section 31 and for the
provision of aeronautical services specified
in paragraphs (
c
) and (
d
) of that section at any
International Aerodrome referred to in
paragraph (
a
) ; and
(ii)
paragraphs (
e
), (
f
), (
g
) and (
h
) of section 31 ;