Revised Laws of Saint Lucia (2023)

10.   Appointment of Director General Civil Aviation

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   (1)   The Director General shall be appointed in accordance with Article 10 of the Agreement.

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   (2)   Without prejudice to subsection (3), the Minister may give to the Director General such directions of a general character as to the performance of his or her functions as he or she thinks appropriate.

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   (3)   The Minister may give the Director General directions to do a particular thing or refrain from doing a particular thing if the Minister considers it appropriate to give such directions—

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      (a)     in the interests of national security; and

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      (b)     in connection with any matter appearing to him or her to affect the relations of Saint Lucia with another country or territory.

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   (4)   The person appointed pursuant to Article 10 of the Agreement shall—

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      (a)     be deemed to be the Director General for Saint Lucia and shall exercise the functions and powers set out in this Act; and

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      (b)     subject to any general or special directions given by the Minister, exercise any functions or powers delegated by the Minister in the same manner and with the same effect as if those powers had been conferred on that person by this Act.

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   (5)   Where the Director General purports to act pursuant to any delegation under this section, the Director General shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

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   (6)   The Director General shall have and may exercise such functions and powers as may be conferred or imposed on him or her by regulations made under this Act, and without limiting such functions and powers as may be delegated to him or her by the Minister under subsection (4) shall—

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      (a)     exercise control over entry into the civil aviation system through the granting of civil aviation documents under this Act or any regulation made pursuant to this Act;

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      (b)     take such action as may be appropriate in the public interest to enforce the provisions of this Act, including the carrying out or requiring of inspections and audits;

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      (c)     be responsible for regulating civil aviation safety and security including—

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         (i)     registration and certification of aircraft,

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         (ii)     control over the airworthiness of aircraft,

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         (iii)     licensing and certification of personnel who perform duties related to aviation,

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         (iv)     prescribing civil aviation safety and security implementing standards,

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         (v)     establishing commercial air service standards and administering the certification of air transport, aerial work, and flight training units, and

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         (vi)     certification of airports and airport services;

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      (Amended by Act 25 of 2023)

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      (d)     be responsible for the approval of aviation security programmes; (Substituted by Act 25 of 2023)

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      (e)     take measures for the prevention of aircraft accidents and incidents;

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      (f)     where delegated by the Minister, collect any fees or charges payable to the Minister under the authority of this Act or regulations made thereunder; and

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      (g)     inform the Minister with respect to Regulations to be made by the Director General under section 49(1); (Substituted by Act 25 of 2023)

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      (h)     develop and establish a State Safety Programme within Saint Lucia to improve aviation safety oversight and practices. (Inserted by Act 25 of 2023)

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   (7)   The Director General shall act independently and shall not be subject to any influence or directive from any person or authority in exercising any powers or discharging any functions in relation to—

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      (a)     the grant, suspension or revocation of civil aviation documents;

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      (b)     the issue, suspension or revocation of medical certificates;

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      (c)     the issue of a validation permit for a foreign licence;

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      (d)     the grant of recognition of a foreign medical assessment or certificate used in a foreign country;

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      (e)     the grant of exemptions or deviations or waivers;

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      (f)     the enforcement of this Act, Regulations made by the Director General or any other law relating to aviation safety or aviation security.

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   (Inserted by Act 25 of 2023)