(1) The Director General may make Regulations respecting all aspects of civil aviation safety and security including, regulating air navigation in Saint Lucia for carrying out the Chicago Convention, any Annex thereto relating to the international standards and recommended practices; being an Annex adopted in accordance with the Convention and, any amendment of the Convention or such Annex made in accordance with the Convention. (Amended by Act 25 of 2023)
(2) Without limiting the generality of subsection (1), the Director General may make Regulations with respect to—
(a) requirements no less than—
(i) the applicable Standards and Recommended Practices of Annex 1 of the Chicago Convention for licensing and supervision of personnel and for the certification and supervision of aviation training organizations,
(ii) the applicable Standards and Recommended Practices of Annex 2 of the Chicago Convention for rules of the air,
(iii) the applicable Standards and Recommended Practices of Annex 3 of the Chicago Convention for meteorology and for the certification and supervision of aviation meteorological services providers,
(iv) the applicable Standards and Recommended Practices of Annex 4 of the Chicago Convention for aeronautical charts and for the certification and supervision of aviation aeronautical charts services providers,
(v) the applicable Standards and Recommended Practices of Annex 5 of the Chicago Convention for the units of measurements to be used in air and ground operations,
(vi) the applicable Standards and Recommended Practices of Annex 6 of the Chicago Convention for—
(A) international commercial air transport operations including airplanes and helicopters;
(B) international general aviation operations including airplanes and helicopters;
(C) the certification and supervision of aircraft operators and the conditions under which passengers, goods and cargo may be carried by air;
(D) the certification and supervision of approved maintenance organizations,
(vii) the applicable Standards and Recommended Practices of Annex 7 of the Chicago Convention for the registration of civil aircraft in Saint Lucia,
(viii) the applicable Standards and Recommended Practices of Annex 8 of the Chicago Convention for certifying the airworthiness of a civil aircraft and for adopting international airworthiness standards for aeronautical products,
(ix) the applicable Standards and Recommended Practices of Annex 9 of the Chicago Convention for securing the efficiency and regularity of the operations of air navigation and the safety and security of an aircraft and a person and property carried on board the aircraft and persons and property on the ground,
(x) the applicable Standards and Recommended Practices of Annex 10 of the Chicago Convention for aeronautical telecommunication and for adopting international standards for aeronautical telecommunication products,
(xi) the applicable Standards and Recommended Practices of Annex 11 of the Chicago Convention for air traffic control, the certification and supervision of air traffic control services providers and control of the airspace above Saint Lucia,
(xii) the applicable Standards and Recommended Practices of Annex 12 of the Chicago Convention for search and rescue operations and for search and rescue service providers,
(xiii) the applicable Standards and Recommended Practices of Annex 13 of the Chicago Convention for conducting aircraft accident and incident investigations,
(xiv) the applicable Standards and Recommended Practices of Annex 14 of the Chicago Convention for licensing and supervision of aerodromes and heliports,
(xv) the applicable Standards and Recommended Practices of Annex 15 of the Chicago Convention for aeronautical information services and the certification and supervision of aeronautical information services providers,
(xvi) the applicable Standards and Recommended Practices of Annex 16 of the Chicago Convention for aircraft noise and aircraft engine emissions,
(xvii) the applicable Standards and Recommended Practices of Annex 17 of the Chicago Convention for aviation security, the certification and supervision of aviation security services providers,
(xviii) the applicable Standards and Recommended Practices of Annex 18 of the Chicago Convention for—
(A) the safe transport of dangerous goods by air;
(B) prohibiting the carriage by air of dangerous goods; and
(C) the certification and supervision of organizations that undertake to transport dangerous goods by air,
(xix) the applicable Standards and Recommended Practices of Annex 19 of the Chicago Convention for implementation of the State Safety Programme as well as acceptance and supervision of safety management systems for aviation organizations;
(b) the general aviation operations within the territory and airspace of Saint Lucia that may be subject to conditions, limitations and restrictions to ensure safety and security of civil aviation;
(c) the fees to be paid with respect to—
(i) the issue, validation, renewal, extension or variation of any aviation document,
(ii) undergoing a prescribed examination,
(iii) testing, or
(iv) any other matter for which it appears to the Minister to be expedient to charge a fee;
(d) the matters to ensure that the foreign operators operating in Saint Lucia comply with the safety and security requirements of Regulations made under this section;
(e) the designation by the Director General of inspectors and appropriately qualified persons to perform any of the functions under this Act where the functions do not include self-regulation;
(f) the grant of exemptions, deviations or waivers from Regulations made under this section on such terms and conditions as specified;
(g) the conferring of powers, on persons as may be specified, relating to the enforcement of any condition or prohibition including powers to examine, take samples of, seize and detain any goods and to require a passenger carrying baggage or a package containing goods to open the baggage or package for inspection and to produce any document;
(h) the provision of regulatory safety oversight in keeping with Article 83bis of the Chicago Convention over foreign air operators which are engaged in commercial air transport operations in the form of charters, leases and interchange arrangements;
(i) examinations and tests to be undertaken and the form, custody, production, cancellation, suspension, endorsement and surrender of any document;
(j) the steps related to aircraft flying over areas of Saint Lucia where flying is prohibited by the Regulations;
(k) the imposition of penalties for offences against the Regulations including—
(i) the suspension or revocation of—
(A) a certificate;
(B) a licence;
(C) an authorization,
(ii) a fine not exceeding $50,000 or imprisonment for a term not exceeding 2 years.
(Substituted by Act 25 of 2023)
(3) In this section a reference to “goods” includes a reference to mail or animals. (Inserted by Act 25 of 2023)
(4) Regulations made under this section are subject to a negative resolution of Parliament. (Inserted by Act 25 of 2023)