Revised Laws of Saint Lucia (2021)

50.   Regulations imposing charges

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   (1)   The Minister may make regulations imposing, with respect to aircraft in flight in or at any aerodrome in Saint Lucia, charges:

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      (a)     for the availability during flights of any facility or service provided by or on behalf of the Minister for or in respect of any aircraft, whether or not, the facility or service is provided during flight, the flight originates or terminates in Saint Lucia or any portion of the flight is over Saint Lucia;

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      (b)     in respect of an application for a civil aviation document, or the issue, renewal, amendment or endorsement of any such document issued or to be issued under this Act whether or not the document is issued, renewed amended or endorsed.

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   (2)   Any regulation made under subsection (1) may:

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      (a)     prescribe the amount of charges imposed; and

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      (b)     authorize any person to collect the charges on behalf of the Minister.

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   (3)   All charges imposed under this section constitute a debt due to the Government and may be recovered as such in any court of competent jurisdiction.

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   (4)   Where a charge is imposed in respect of an aircraft under this section, both the registered owner and operator of the aircraft are jointly and severally liable for payment of the charge.

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   (5)   The Minister may require registered owners or operators of aircraft who have failed to pay on time any charges imposed under this section to deposit each year with the Minister, or any other person authorized under subsection (2)(b), security in the form of a bond or letter of credit in an amount satisfactory to the Minister to ensure full payment of the charges to be imposed in the next following year in respect of the aircraft, facility, service or any activity for which a civil aviation document is required by regulations made pursuant to this Act.

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   (6)   Where the amount of any charge and interest thereon due by a person that has been imposed under subsection (5) has not been paid, the Minister may, in addition to any other remedy available for the collection of the amount and whether or not a judgment for the collection of the amount has been obtained, on application to the Court, obtain an order of the court, issued on such terms as the court deems necessary, authorizing the Minister to seize and detain the aircraft.

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   (7)   Where the amount of any charge and interest thereon due by a person that has been imposed under subsection (5) has not been paid and the Minister has reason to believe that the person is about to leave Saint Lucia or take from Saint Lucia any aircraft owned or operated by the person, the Minister may take such steps as necessary to seize and detain any aircraft.

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   (8)   The Minister may, in addition to any other remedy available for the collection of the amount and whether or not a judgment for the collection of the amount has been obtained, on ex-parte application to the Court in which any aircraft owned or operated by the person is situated, obtain an order of the Court, issued on such terms as the Court deems necessary, authorizing the Minister to seize and detain the aircraft.

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   (9)   Subject to subsection (10), except where otherwise directed by an order of the Court, the Minister is not required to release from detention an aircraft seized under this subsection, unless the amount in respect of which the seizure was made is paid.

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   (10)   The Minister shall release from detention an aircraft seized under this Part if a bond or other security in a form satisfactory to the Minister for the amount in respect of which the aircraft was seized is deposited with the Minister.

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   (11)   Subject to subsection (13) where any charges remain outstanding ninety days after the date of the detention of an aircraft, the Minister may sell the aircraft to satisfy the charges.

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   (12)   The Minister shall not sell an aircraft under subsection (11) unless he or she has leave of the Court of competent jurisdiction and he or she has established to the satisfaction of the Court, that default of payment under this section lies with the owner or operator of the aircraft.

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   (13)   The Minister may, by Order, exempt any aircraft from seizure and detention under this section and such Order shall be published in the Gazette.