Revised Laws of Saint Lucia (2023)

46.   Powers to enter, inspect, seize, and detain

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   (1)   An inspector appointed under section 12 or a person delegated under section 13, when authorized in writing by the Director General, shall at all reasonable times for the purposes of making inspections relating to the oversight and enforcement of this Act or Regulations have access to—

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      (a)     an aircraft whether or not in flight and to any place where an aircraft has landed including point of origin of any product or goods being, or to be shipped by air, for the purposes of an investigation of matters concerning aviation safety and security;

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      (b)     an aerodrome and any facility located on the aerodrome and any land, area or premises outside the aerodrome used by businesses that operate at the aerodrome;

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      (c)     an air navigation services facility;

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      (d)     an air operator office and any facility related to civil aviation or any premises used for the design, manufacture, distribution, operation, maintenance or installation of aeronautical products;

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      (e)     a hangar;

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      (f)     an approved maintenance organization;

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      (g)     a workshop;

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      (h)     a ramp;

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      (i)     a fuel storage facility;

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      (j)     a cargo handling area; and

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      (k)     an aviation training organization's facility.

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   (2)   An inspector appointed under section 12 or a person delegated under section 13 shall, when authorized in writing by the Director General, have access to a civil aviation document or record including—

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      (a)     a manual;

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      (b)     a certificate;

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      (c)     an approval;

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      (d)     an authorization;

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      (e)     a permit;

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      (f)     a procedure;

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      (g)     a technical file;

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      (h)     a personnel file;

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      (i)     an airport personnel and aircraft personnel licence; and

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      (j)     other civil aviation documents.

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   (3)   In the performance of his or her functions as an inspector or in the performance of his or her delegation, an inspector appointed under section 12 or a person delegated under section 13 has the power to—

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      (a)     interview a relevant person for the purpose of assessing the implementation of civil aviation requirements and procedures;

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      (b)     require an entity connected with civil aviation to provide information relevant to an oversight activity or investigation;

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      (c)     test the effectiveness of civil aviation measures and procedures and performance of civil aviation equipment;

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      (d)     enforce corrective actions, including, immediate rectification of any deficiencies or apply enforcement measures for compliance with civil aviation requirements;

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      (e)     seize any property, except an aircraft, found by him or her whether in the aircraft, aerodrome, air navigation facility, hangar, approved maintenance organization, workshop, ramp, fuel storage facility, air operator office, cargo handling area or aviation training organization's facility and to subject that property to tests; and

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      (f)     require the holder or operator of the aircraft or the person performing the functions of manager of the airport, aerodrome, air navigation facility, hangar, approved maintenance organization, workshop, ramp, fuel storage facility, air operator office, cargo handling area or aviation training organization's facility to furnish him or her with the information and documents as the inspector or delegated person considers necessary.

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   (4)   The Director General or an inspector or a person authorized by the Director General shall, with respect to an applicant seeking the issuance of an aviation document or a holder of an aviation document, be granted unrestricted access to—

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      (a)     a place;

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      (b)     an office;

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      (c)     a hangar;

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      (d)     a ramp;

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      (e)     equipment;

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      (f)     a document;

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      (g)     a workshop or facility, including, a workshop or facility used for—

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         (i)     training,

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         (ii)     air navigation services,

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         (iii)     maintenance,

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         (iv)     fuel storage;

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         (v)     cargo handling,

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      and at any time conduct an inspection, audit or test, to determine that operations are conducted in accordance with prescribed safety, security and other recommended standards.

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   (5)   In subsection (4), “document” includes manuals, certificates, approvals, authorizations, procedures, technical files, personnel files and personnel licences.

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   (Substituted by Act 25 of 2023)