CIVIL AVIATION: SUBSIDIARY LEGISLATION: CIVIL AVIATION (CERTIFICATION AND LICENSING OF AERODROMES) REGULATIONS
(section 89)
(13th June, 2022)
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
Preliminary Provisions
1. Citation
2. Interpretation
3. Application
4. Use of common reference systems
5. Requirements for operation of aerodrome
5A. Categories of aerodromes
PART II
Certification of Aerodromes
6. ...
7. Application of Part II
8. Application for certificate
9. Conditions for issuance of certificate
10. Breach of conditions of certificate and non-conformance with certification requirements
11. Aerodrome certificate
12. Issuance of certificate
13. Validity of certificate
14. Renewal of certificate
15. Amendment of certificate
16. Suspension and cancellation of certificate
17. Transfer of aerodrome certificate
18. Surrender of certificate
19. Charges at certificated aerodromes
20. Certificate register
20A. Aerodrome certification oversight
21. Notification of information and promulgation of certification status
PART III
Licensing of Aerodromes
22. Application of Part III
23. Application for a licence
24. Conditions for issuance of licence
25. Issuance of licence
26. Breach of licensing requirements
27. Specifications of aerodrome licence
28. Validity of licence
29. Renewal of licence
30. Amendment of licence
31. Suspension and cancellation of licence
32. Surrender of licence
33. Charges at licensed aerodrome
34. Transfer of aerodrome licence
35. Registered and licensed aerodrome register
36. Notification and furnishing of information
37. Aerodrome certification continued oversight
38. Enforcement
PART IV
Registration of Aerodromes
39. Application of Part IV
40. Application for registration of aerodrome
41. Aerodrome registration permit
42. Validity of registration permit
PART V
Clearance of Obstacles
43. Application of Part V
44. Application for an obstacle clearance
PART VI
Aerodrome Manual
45. Application of Part VI
46. Requirements for aerodrome manual
47. Information to be included in an aerodrome manual
48. Amendment of an aerodrome manual
49. Application for exemption
PART VII
Offences, Penalties and Savings
50. Offences and penalties
51. Savings and transition
S.I. 68, 2022,
S.I. 72, 2024.
PART I
Preliminary Provisions (regs 1-5)
These Regulations may be cited as the Civil Aviation (Certification and Licensing of Aerodromes) Regulations.
In these Regulations unless the context otherwise requires—
"accident" means an occurrence associated with the operation of an aircraft which, in the case of a manned aircraft, takes place between the time a person boards the aircraft with the intention of flight until such time the person has disembarked or in the case of an unmanned aircraft, takes place between the time the aircraft is ready to move with the purpose of flight until such time as it comes to rest at the end of the flight and the primary propulsion system is shut down, in which—
(a) a person is seriously injured as a result of—
(i) being in the aircraft,
(ii) direct contact with any part of the aircraft, including a part which has become detached from the aircraft, or
(iii) direct exposure to jet blast,
except when the injury is from a natural cause, self-inflicted or inflicted by other persons, or when the injury is to a stowaway hiding outside an area normally available to passengers and crew;
(b) the aircraft sustains damage or structural failure which—
(i) adversely affects the structural strength, performance or flight characteristics of the aircraft, and
(ii) would normally require major repair or replacement of the affected component, except for engine failure or damage, which is limited to a single engine and its cowlings and accessories, propellers, wing tips, antennas, probes, vanes, tires, brakes, wheels, fairings, panels, landing gear doors, windscreen, small dents or puncture holes in the aircraft skin, minor damages to main rotor blades, tail rotor blades, landing gear, and those resulting from hail or bird strike including holes in the aerodrome; or
(c) the aircraft is missing or is completely inaccessible;
"accuracy" means a degree of conformance between the estimated or measured value and the true value;
"aerodrome beacon" means an aeronautical beacon used to indicate the location of an aerodrome from the air;
"aerodrome category" means a number for an aerodrome determined based on the length (longest) and width of the fuselage of an aircraft normally using the aerodrome;
"aerodrome certificate" means a certificate issued by the Authority under these Regulations for the operation of an aerodrome;
"aerodrome elevation" means the elevation of the highest point of a landing area;
"aerodrome facility and equipment" means a facility and equipment, inside or outside the boundaries of an aerodrome that are constructed or installed and maintained for the arrival, departure or surface movement of an aircraft;
"aerodrome licence" means a licence issued by the Authority under these Regulations for the operation of an aerodrome;
"aerodrome manual" means a manual that forms part of an application for a licence or a certificate under these Regulations, including any amendments to the manual, approved by the Authority;
"aerodrome operator" means an operator of an aerodrome registered, licensed or certificated under these Regulations;
"aerodrome reference code" means a code used for planning purposes to classify an aerodrome with respect to the critical aircraft characteristics for which the aerodrome is intended;
"aerodrome reference point" means a designated geographical location of an aerodrome;
"aerodrome standards" means standards set by the Authority applicable to aerodromes;
"aeronautical beacon" means an aeronautical ground light visible at all azimuths, either continuously or intermittently, to designate a particular point on the surface of the earth;
"aeronautical ground light" means any light specially provided as an aid to air navigation, other than a light displayed on an aircraft;
"aeronautical information circular (AIC)" means a notice containing information that does not qualify for the origination of a NOTAM or for inclusion in the Aeronautical Information Publication, but which relates to flight safety, air navigation, technical, administrative or legislative matters;
"Aeronautical Information Publication (AIP)" means an Aeronautical Information Publication of a lasting character essential to air navigation, issued by the Authority;
"air traffic service" means a flight information service, alerting service, air traffic advisory service, or air traffic control service;
"air traffic service unit" includes an air traffic control unit, flight information centre or air traffic services reporting office;
"Aircraft Classification Number (ACN)" means a number expressing the relative effect of an aircraft on a pavement for a specified standard sub grade category;
"aircraft stand" means a designated area on an apron intended to be used for parking an aircraft;
"Appeals Tribunal" means the Appeals Tribunal established under the Act;
"apron" means a defined area on an aerodrome intended to accommodate an aircraft for the purpose of loading or unloading of passengers, mail or cargo, fuelling, parking or maintenance;
"authorised person" means a person authorised by the Authority either generally or in relation to a particular case or class of cases and reference to an authorised person includes a holder for the time being of an office designated by the Authority;
"balked landing" means a landing manoeuvre that is unexpectedly discontinued at any point below the obstacle clearance altitude/height (OCA/H);
"certificate" means a certificate issued by the Authority under these Regulations to operate an aerodrome;
"certified aerodrome" means an aerodrome whose operator has been granted an aerodrome certificate;
"clearway" means a defined rectangular area under the control of an appropriate authority selected or prepared as a suitable area over which an aircraft may make a portion of its initial climb to a specified height;
"datum" means a quantity which may serve as a reference or basis for the calculation of other quantities including—
(a) accelerate-stop distance available (ASDA), which is the length of the take-off runway available plus the length of the stop way, where provided;
(b) landing distance available (LDA), which is the length of the runway which is declared available and suitable for the ground run of an aircraft landing;
(c) take-off distance available (TODA), which is the length of the take-off run available plus the length of the clearway, where provided; and
(d) take-off run available (TORA), which is the length of runway declared available and suitable for the ground run of an aircraft taking-off;
"displaced threshold" means a threshold not located at the extremity of a runway;
"geoid" means an equipotential surface in the gravity field of the earth which coincides with the undisturbed Mean Sea Level extended continuously through the continents;
"geoid undulation" means the distance of the geoid above (positive) or below (negative) the mathematical reference ellipsoid;
"incident" means an occurrence other than an accident associated with the operation of an aircraft, which affects or may affect the safety operation of aircraft;
"intermediate holding position" means a designated position intended for traffic control at which a taxiing aircraft or vehicles stop and hold, until they are cleared to proceed, when so instructed by an aerodrome control tower;
"landing area" means a part of a movement area intended for the landing or take-off of an aircraft;
"manoeuvring area" means a part of an aerodrome used for the take-off, landing or taxiing of aircraft, excluding aprons;
"marker" means an object displayed above ground level in order to indicate an obstacle or delineate a boundary;
"marking" means a symbol displayed on the surface of a movement area in order to convey aeronautical information;
"movement area" means a part of an aerodrome which is used for take-off, landing or taxiing of an aircraft, and consists of the manoeuvring area and apron;
"Notice to Airmen (NOTAM)" means a notice distributed by means of telecommunication containing information concerning the establishment, condition or change in any aeronautical facility, service, procedure or hazard, the timely knowledge of which is essential to personnel concerned with flight operations;
"notify" means shown in Aeronautical Information Publications, Aeronautical Information Circulars, NOTAM, civil aviation publications or any other official publication issued for the purpose of enabling any of the provisions of these Regulations to be complied with;
"obstacle" means any fixed whether temporary or permanent, and mobile object, or part thereof, that—
(a) is located on an area intended for the surface movement of an aircraft;
(b) extends above a defined surface intended to protect an aircraft in flight; or
(c) stands outside the defined surface and that has been assessed as being a hazard to an air investigation;
"Obstacle Free Zone (OFZ)" means an airspace above an inner approach surface, inner transitional surfaces, balked lauding surface and a portion of a strip bounded by these surfaces, which is not penetrated by any fixed obstacle other than a low-mass and frangible mounted one required for air navigation purposes;
"obstacle limitation surfaces" means a series of surfaces that define the volume of airspace at and around an aerodrome to be kept free of obstacles in order to permit the intended aircraft operations to be conducted safely, and to prevent the aerodrome from becoming unusable by the growth of obstacles around the aerodrome;
"Pavement Classification Rating (PCR)" means a number expressing the bearing strength of a pavement for unrestricted operations;
"recommended practice" means any specification for the physical characteristics configuration, material, performance or procedure, which the uniform application of, is recognised as desirable in the interest of safety, regularity or efficiency of international air navigation;
"relevant authority" means any authority other than the Civil Aviation Authority whose action may be necessary or complimentary for the implementation of these Regulations;
"runway" means a defined rectangular area on a land aerodrome prepared for the landing or take-off of an aircraft;
"runway end safety area (RESA)" means an area symmetrical about the extended runway centreline and adjacent to the end of the strip primarily intended to reduce the risk of damage to an aircraft undershooting or overrunning the runway;
"runway visual range (RVR)" means the range over which a pilot of an aircraft on the centreline of a runway can see the runway surface markings or the lights delineating the runway or identifying the runway's centreline;
"safety" means a state in which the risk of harm to a person, or of property damage is reduced to, and maintained at or below unacceptable level through a continuing process or hazard identification and risk management;
"safety management system (SMS)" means a systematic approach to managing safety including the necessary organisational structure, accountabilities, policies and procedures;
"standard" means any specification for physical characteristics, configuration, material, performance, personnel or procedure, which the uniform application of is recognised as necessary for the safety of air navigation;
"stop way" means a defined rectangular area on the ground at the end of a take-off runway available, prepared as a suitable area in which an aircraft can be stopped in the case of an abandoned take-off;
"take-off runway" means a runway intended for take-off only;
"taxiway" means a defined path on a land aerodrome established for the taxiing of an aircraft and intended to provide a link between one part of the aerodrome and another, including—
(a) an aircraft stand taxi lane which is a portion of an apron designated as a taxiway and intended to provide access to aircraft stands only;
(b) an apron taxiway which is a portion of a taxiway system located on an apron and intended to provide a through taxi route across the apron; and
(c) a rapid exit taxiway which is a taxiway connected to a runway at an acute angle and designed to allow a landing aircraft to turn off at a higher speed than is achieved on other exit taxiways thereby minimising runway occupancy times;
"taxiway strip" means an area including a taxiway intended to protect an aircraft operating on a taxiway, and to reduce the risk of damage to an aircraft accidentally running off the taxiway;
"threshold" means the beginning of a portion of a runway usable for landing;
"touchdown zone" means a portion of a runway beyond the threshold, intended for the landing of an aircraft on first contact with the runway;
"vicinity" means a defined airspace around an aerodrome for the control of obstacles that may infringe the obstacle limitation surface around the aerodrome, contained within a radius of 13 kilometres from the aerodrome reference point up to a height of 1500 feet above ground level;
"wildlife" means any animal on the airside including a feral bird, and a domestic animal out of the control of its owner; and
"wildlife hazard" means a potential for a damaging aircraft collision with wildlife on or near an aerodrome.
These Regulations shall apply to an aerodrome in Botswana.
4. Use of common reference systems
(1) The World Geodetic System-1984 (WGS-84) shall be used as the horizontal reference system to express aeronautical geographical co-ordinates for aerodromes.
(2) The Mean Sea Level datum shall be used as the vertical reference system (elevation) at an aerodrome.
(3) Except where notified in the Aeronautical Information Publication or the Aeronautical Information Circular, the Gregorian calendar and Coordinated Universal Time shall be used as the temporal reference system.
(4) Unless where determined by the Authority, the International System of Units developed and maintained by the General Conference of Weights and Measures (CGPM) shall be used as the standard system of units of measurement.
5. Requirements for operation of aerodrome
(1) A person shall not operate an aerodrome in Botswana unless such person has certified, licensed or registered such aerodrome in accordance with these Regulations.
(2) A certified aerodrome is an aerodrome that—
(a) is designated as an international aerodrome; or
(b) serves an aircraft having a certificated seating capacity of more than 30 passengers that is engaged in regular air transport operations for the carriage of passengers.
(3) A licensed aerodrome—
(a) is an aerodrome that serves private and public domestic non-scheduled operations; or
(b) is a private aerodrome that serves owner authorised traffic only.
(4) A registered aerodrome is an aerodrome that serves as a temporary airfield open to domestic owner traffic only or an emergency landing ground.
(1) Aerodromes shall be categorised as follows—
|
Column I |
Column II |
Column III |
Column IV |
|
Aerodrome Category |
Aircraft Category for Fire Fighting |
Aircraft Overall Length |
Aircraft Maximum Fuselage Width |
|
1. |
1. |
less than 9 m |
2m |
|
2. |
2. |
at least 9 m but less than 12m |
2m |
|
3. |
3. |
at least 12 m but less than 18 m |
3m |
|
4. |
4. |
at least 18 m but less than 24 m |
4m |
|
5. |
5. |
at least 24 m but less than 28 m |
4m |
|
6. |
6. |
at least 28 m but less than 39 m |
5m |
|
7. |
7. |
at least 39 m but less than 49 m |
5m |
|
8. |
8. |
at least 49 m but less than 61 m |
7m |
|
9. |
9. |
at least 61 ni hut less than 76 m |
7m |
|
10. |
10. |
at least 76 m but less than 90 m |
8m |
(2) In these Regulations—
(a) certified aerodromes shall be classified in categories 3, 4, 5, 6, 7, 8, 9 and 10;
(b) licensed aerodromes shall be classified in categories 1, 2 and H; and
(c) registered aerodromes shall be classified in the following categories—
(i) category F, which comprises private aerodromes available for use by an aircraft of a maximum take-off mass not exceeding 7 500 kilograms; and only available for use by a domestic, non-commercial owner air traffic and non-commercial owner-authorised air traffic,
(ii) category X, which comprises emergency landing grounds as listed in the Botswana AIP, and
(iii) category G, which comprises airfield temporarily available for use for a period as shall be authorised by the Authority.
(3) Notwithstanding subregulation (1), aerodromes shall be categorised as follows—
(a) category 3, 4, 5, 6, 7, 8, 9 and 10, comprising aerodromes available for use by both international and domestic air traffic;
(b) category 1 and 2, comprising aerodromes available for use only by domestic air traffic; and
(c) category H, comprising aerodromes available for use only by domestic helicopter operations.
PART II
Certification of Aerodromes (regs 6-21)
This Part shall apply to aerodromes in categories 3, 4, 5, 6, 7, 8, 9 and 10 as set out under regulation 5A(1).
8. Application for certificate
(1) A person shall not operate an aerodrome unless he or she has been issued an aerodrome certificate by the Authority.
(2) A person shall apply to the Authority for an aerodrome certificate under subregulation (1), in Form A set out in Schedule 1, and such application shall be accompanied by—
(a) two copies of the aerodrome manual, which shall include—
(i) an aerodrome operations manual,
(ii) SMS Manual,
(iii) bird and wildlife hazard management manual, and
(iv) an aerodrome emergency plan;
(b) a plan of the aerodrome;
(c) a copy of an aerodrome establishment certificate;
(d) an environmental impact assessment report for initial applicants;
(e) an approval for establishment of the aerodrome from an authority responsible for national environmental management;
(f) proof of financial capability;
(g) particulars of any non-compliance or deviations from the appropriate aerodrome design, operation or equipment standards;
(h) fees as set out in Part 1 of Schedule 5; and
(i) detailed biodata of the key aerodrome management personnel.
(3) The details of the requirements in subregulation (2) are set out in Schedule 2 Part A and Schedule 3.
9. Conditions for issuance of certificate
(1) The Authority may issue a certificate subject to any conditions that the Authority may determine.
(2) The Authority shall endorse on a certificate the conditions for use of an aerodrome and any other details as may be deemed necessary by the Authority.
10. Breach of conditions of certificate and non-conformance with certification requirements
(1) A breach by a certificate holder of any condition subject to which a certificate is issued including any approval, permission or exemption, shall render the certificate invalid.
(2) The Authority shall impose operating restrictions or sanctions on a certified aerodrome in the event a certificate holder fails to conform to the certification requirements or the aerodrome has unresolved safety concerns.
A certificate shall specify the—
(a) name and address of an aerodrome operator;
(b) name or location of an aerodrome;
(c) category of the aerodrome (RFFS) and aerodrome reference code;
(d) restrictions, if any, relating to non-compliance with or deviations from the appropriate aerodrome design, operation or equipment standards;
(e) period of validity of the certificate; and
(f) critical aircraft type.
(1) The Authority shall issue a certificate in Form B set out in Schedule 1, where the Authority is satisfied that—
(a) an applicant and personnel employed by the applicant are adequate in number and have the necessary competency and experience to operate and maintain an aerodrome;
(b) an aerodrome manual prepared for the aerodrome and submitted with the application, has the relevant information;
(c) the aerodrome facilities, services and equipment are established in accordance with approved standards for the operations the aerodrome is intended to serve;
(d) there are operational procedures and their day-to-day application, where applicable, concerning—
(i) aerodrome data and reporting,
(ii) access to movement area,
(iii) aerodrome emergency plan,
(iv) rescue and firefighting (RFF),
(v) inspection of the movement area,
(vi) maintenance of the movement area,
(vii) snow and ice control, and other hazardous meteorological conditions,
(viii) visual aids and aerodrome electrical systems,
(ix) safety during aerodrome works,
(x) apron management,
(xi) apron safety,
(xii) vehicles on the movement area,
(xiii) wildlife hazard management,
(xiv) obstacles,
(xv) removal of disabled aircrafts,
(xvi) low visibility operations, and
(xvii) compliance of the safety management systems (SMS) with applicable regulations;
(e) the aerodrome operating procedure makes satisfactory provision for the safety of an aircraft;
(f) an approved safety management system is in place; and
(g) the applicant has an approved aviation security program in accordance with the applicable security regulations.
(2) The Authority shall issue a certificate subject to compliance with—
(a) these Regulations;
(b) standards set out by the Authority in the Aeronautical Information Circular and Aeronautical Information Publication; and
(c) any other condition as may be specified or notified by the Authority in accordance with safety audit and inspection.
(3) Where the Authority refuses to grant an applicant a certificate, the Authority shall notify the applicant in writing, of the reasons for the refusal not later than 14 days after making that decision.
(4) The Authority shall following the issuance of a certificate, carry out surveillance and inspections to ensure continuing validity of the certificate and continuing capacity of the aerodrome operator to maintain safe and regular operation of the aerodrome and associated facilities and services.
A certificate issued under these Regulations shall be valid for a period of five years unless the certificate is suspended, cancelled or revoked in accordance with these Regulations.
(1) A person shall apply to the Authority for a renewal of a certificate in Form C set out in Schedule 1.
(2) An application under subregulation (1) shall be accompanied by—
(a) the aerodrome manual if significant changes have been made following the initial certification;
(b) particulars of deviations, if any, from the appropriate design, operation or equipment standards;
(c) renewal fees as set out in Part 2 of Schedule 5; and
(d) inspection fees as set out in Part 1 of Schedule 5.
(3) An application for renewal shall be submitted 30 days before the expiry of the certificate.
(4) Where the Authority considers a renewal of the certificate, the renewal shall be subject to compliance with—
(a) these Regulations;
(b) standards set by the Authority in the Aeronautical Information Circular and Aeronautical Information Publication standards as determined by the Authority; and
(c) any other condition as may be specified or notified by the Authority as laid out by safety inspections and audit procedures by the Authority,
before the certificate may be renewed.
(1) A person shall apply to the Authority for an amendment of a certificate in Form D set out in Schedule 1.
(2) The Authority may request that the application be accompanied by—
(a) two copies of the aerodrome manual;
(b) a site plan for the aerodrome;
(c) an environmental impact assessment report;
(d) approval from any relevant authority;
(e) proof of financial capability;
(f) particulars of any non-compliance or deviations from the appropriate aerodrome design, operation or equipment standards; and
(g) fees as set out in Part 1 of Schedule 5.
(3) Where the requirements under regulation 30(2) are met, the Authority may amend an aerodrome certificate—
(a) for a change in the use or operation of the aerodrome;
(b) for a change in the boundaries of the aerodrome;
(c) where the holder of the aerodrome certificate requests an amendment; or
(d) where the Authority deems it necessary.
16. Suspension and cancellation of certificate
(1) The Authority may suspend a certificate where—
(a) following a safety inspection or audit, it is evident that a holder of the certificate has not complied with these Regulations and has failed to remedy the non-compliance within a period of 30 days after the inspection;
(b) the holder of the certificate prevents the Authority from carrying out a safety inspection or audit in accordance with these Regulations;
(c) the holder of the certificate is under receivership, liquidation or bankruptcy proceedings; or
(d) the Authority deems it necessary in the interest of aviation safety.
(2) The Authority may give notice in writing to the certificate holder, stating reasons for the suspension, and may suspend the certificate for a period not exceeding 30 days.
(3) A certificate holder who is notified of a suspension in subregulation (2) may submit a response in writing to the Authority within 14 days from receipt of the notice.
(4) Notwithstanding subregulation (3), the Authority may suspend any or all of the operations at an aerodrome pending receipt of a response from the holder of the certificate.
(5) A holder of a certificate which has been suspended may appeal against the suspension to the Appeals Tribunal within 30 days of the suspension of the certificate.
(6) Where a certificate holder makes an appeal under subregulation (5), he or she shall state in writing the reasons why in his or her opinion, the suspension of the certificate shall be varied or set aside.
(7) The Appeals Tribunal may vary or set aside the suspension made under subregulation (2) on the basis of the reasons given in the appeal under subregulation (5).
(8) The Authority may cancel the certificate where the holder does not appeal against the suspension of the licence in accordance with subregulation (5), and the Authority shall give the holder of the certificate reasons for such cancellation.
17. Transfer of aerodrome certificate
(1) An aerodrome certificate issued under these Regulations shall not be transferred without prior approval in writing of the Authority.
(2) A certificate holder shall apply to the Authority for an approval to transfer the certificate in Form E set out in Schedule 1.
(3) Any transfer of the certificate which is not done in accordance with subregulation (2) shall be void and of no effect.
(4) The Authority shall transfer an aerodrome certificate to a transferee where—
(a) an aerodrome operator, at least 60 days before ceasing to operate the aerodrome, notifies the Authority in writing that he or she will cease to operate the aerodrome as of the date specified in the notice;
(b) an aerodrome operator notifies the Authority in writing of the name of the transferee;
(c) the transferee applies to the Authority in Form F set out in Schedule 1 within 60 days before the aerodrome operator ceases to operate the aerodrome, for the certificate to be transferred to him or her; and
(d) the requirements set out in these Regulations are met.
(5) An application referred to in subregulation (4)(c) shall include a copy of the notice referred to in subregulation (4)(a).
(1) Subject to subregulation (2), a certificate holder may surrender the certificate to the Authority at any time.
(2) A certificate holder who surrenders the certificate shall give the Authority not less than 60 days' notice in writing.
(3) The Authority shall cancel the certificate upon the expiry of the notice period in subregulation (2).
(4) Where, after the expiry of the period in subregulation (2), an aerodrome is abandoned or is not maintained in accordance with the conditions of the certificate, the holder of the certificate shall remove, obliterate or modify any marking in the aerodrome in a manner determined by the Authority.
(5) A holder of an aerodrome certificate which is suspended or cancelled shall within 30 days of the suspension or cancellation of the certificate, surrender it to the Authority.
19. Charges at certificated aerodromes
(1) A certificate holder shall set charges for the use of the aerodrome or of any facilities provided at the aerodrome for the safety, security, efficiency or regularity of air navigation.
(2) Where required by the Authority, a certificate holder shall furnish particulars of the charges levied for the use of an aerodrome or the performance of services at the aerodrome.
(3) Notwithstanding subregulation (1), the Authority may where necessary, set the maximum charges which may be levied for the use of an aerodrome or the performance of services at the aerodrome, for a specified period of time.
(4) A certificate holder shall not cause or permit any charges to be made in contravention of subregulation (3).
(5) A certificate holder shall cause the charges under subregulation (3) to be posted in a conspicuous place at the aerodrome.
(1) The Authority shall maintain a register of all certificates issued in accordance with these Regulations.
(2) The register shall contain—
(a) the full names of the holder of an aerodrome certificate;
(b) the nationality of the certificate holder;
(c) information concerning any change in the operational status of any existing facility, for the issue of a Notice to Airmen (NOTAM), set out in the Civil Aviation (Aeronautical Information Services) Regulations (Cap. 71:01 (Sub. Leg.));
(d) the name and location of the aerodrome for which a certificate is issued;
(e) the number of the certificate;
(f) the validity of the certificate; and
(g) any other relevant information.
20A. Aerodrome certification oversight
(1) An aerodrome operator shall maintain an aerodrome certification status through aerodrome certification, safety assessments and aerodrome compatibility studies.
(2) The aerodrome operational management requirements shall be in accordance with subregulation 12(1).
(3) The procedure under subregulations (1) and (2) shall be as set out in the Civil Aviation Procedures for Air Navigation Services-Aerodromes-Doc ICAO 9981.
21. Notification of information and promulgation of certification status
An aerodrome operator shall—
(a) in the case of a certificate to operate an aerodrome for public use make a notice of the times during which the aerodrome is to be available for take-off and landing of aircraft for public transport or instruction in flying;
(b) upon request by an authorised person, furnish information concerning the terms of the certificate; and
(c) ensure that the certification status of the aerodrome shall be promulgated in the Aeronautical Information Publication (AIP).
PART III
Licensing of Aerodromes (regs 22-38)
This Part shall apply to aerodromes in category 1, 2 and H except where otherwise specified.
(1) A person shall not operate an aerodrome without a licence issued by the Authority.
(2) A person shall make an application to the Authority for an aerodrome licence in Form G set out in Schedule 1.
(3) An application under subregulation (2) shall be accompanied by—
(a) an aerodrome manual;
(b) a site plan for the aerodrome;
(c) an environmental impact assessment report;
(d) approval from any relevant authority;
(e) particulars of any non-compliance or deviations from the appropriate aerodrome design, operation or equipment standards; and
(f) fees as set out in Part 2 of Schedule 5.
24. Conditions for issuance of licence
(1) A licence may be issued subject to conditions set out in Schedule 4.
(2) The Authority shall endorse on a licence the conditions for use of an aerodrome and any other details as may be deemed necessary by the Authority.
(3) Where an applicant requests, or the Authority considers that an aerodrome shall be available for public use, a licence may be issued subject to a condition that the aerodrome shall at all times be available to any person on equal terms and conditions.
(4) Notwithstanding subregulation (3), an aerodrome operator may refuse an aircraft from using the aerodrome except in an emergency situation.
(1) The Authority shall issue a licence in Form H set out in Schedule 1 where the Authority is satisfied that—
(a) an applicant is competent to operate an aerodrome on consideration of the previous conduct and experience of the applicant, the equipment, organisation, staffing, maintenance and other arrangements of the applicant;
(b) the physical characteristics of the aerodrome and its surroundings are safe for use by an aircraft; and
(c) an applicant for a licence complies with the applicable security regulations as prescribed by the Authority.
(2) The Authority shall issue a licence subject to compliance with—
(a) these Regulations;
(b) standards set out by the Authority in the Aeronautical Information Circular and Aeronautical Information Publication; and
(c) any other condition as may be specified or notified by the Authority in accordance with safety audit and inspection.
(3) Where the Authority refuses to grant an applicant a licence, the Authority shall notify the applicant in writing, of the reasons for the refusal not later than 14 days after making that decision.
(4) The Authority shall, following the issuance of a licence, carry out a surveillance inspection to ensure continuing validity of the licence and capacity of the aerodrome operator to maintain safe and regular operation of the aerodrome and its associated facilities and services.
26. Breach of licensing requirements
(1) A breach by an aerodrome operator of any condition to which a licence is issued shall render the licence invalid.
(2) Notwithstanding subregulation (1), the Authority shall impose operating restrictions or sanctions on a licensed aerodrome in the event of non-conformance with the licensing requirements or any unresolved safety concerns.
27. Specifications of aerodrome licence
A licence shall specify—
(a) the category of an aerodrome and the aerodrome reference code;
(b) restrictions, if any, relating to non-compliance with, or deviations from the appropriate aerodrome design, operation or equipment standards; and
(c) the period of validity of the licence.
(1) A licence issued under these Regulations shall be valid for a period of one year unless the licence is suspended, cancelled or revoked in accordance with these Regulations.
(2) A holder of an aerodrome licence which is suspended or cancelled shall within 30 days of the suspension or cancellation, surrender the licence to the Authority.
(3) Notwithstanding subregulation (2), where an aerodrome licence is suspended for a period of less than 30 days, a holder of the licence shall surrender the licence immediately after the suspension.
(1) An applicant shall make an application to the Authority for the renewal of a licence in Form I set out in Schedule 1.
(2) An application under subregulation (1) shall be accompanied by—
(a) an aerodrome manual where significant changes have been made following the initial licensing;
(b) particulars of deviations, if any, from the appropriate design, operation or equipment standards;
(c) renewal fees as set out in Part 2 of Schedule 5; and
(d) inspection fees as set out in Part 1 of Schedule 5.
(3) An application for renewal of a licence shall be submitted 60 days before the expiry of the licence.
(4) Where the Authority considers an application for the renewal of a licence, the renewal shall be in compliance with—
(a) these Regulations;
(b) standards set out by the Authority in the Aeronautical Information Circular and Aeronautical Information Publication; and
(c) any other conditions as may be specified or notified by the Authority as determined by safety inspections and audit procedures by the Authority, before the renewal of the licence.
(1) An applicant shall make an application to the Authority for an amendment of a licence in Form J set out in Schedule 1.
(2) The Authority may request the applicant to submit together with the application under subregulation (1), the following—
(a) an aerodrome manual;
(b) a site plan for the aerodrome;
(c) an environmental impact assessment report;
(d) an approval from any relevant authority;
(e) particulars of any non-compliance or deviations from the appropriate aerodrome design, operation or equipment standards;
(f) fees as set out in Part 1 of Schedule 5; or
(g) inspection fees as set out in Part 1 of Schedule 5.
(3) The Authority may, provided that the requirements under this regulation, are met, where necessary, amend a licence—
(a) for a change in the use or operation of an aerodrome;
(b) for a change in the boundaries of the aerodrome;
(c) where a holder of the licence requests an amendment; or
(d) where the Authority deems it necessary to do so.
31. Suspension and cancellation of licence
(1) The Authority may suspend an aerodrome licence where—
(a) after a safety inspection or audit, it is evident that a licence holder has not complied with the requirements under these Regulations, and has failed to remedy the non-compliance within a period of 30 days after the inspection;
(b) the licence holder prevents the Authority from carrying out a safety inspection or audit in accordance with these Regulations; or
(c) the licence holder is under receivership, liquidation or bankruptcy proceedings.
(2) The Authority shall give notice in writing to the licence holder stating reasons of the suspension, and the Authority may suspend the licence for a period not exceeding 60 days.
(3) A licence holder who is notified of a suspension in subregulation (2) may submit a response in writing to the Authority within 14 days from the date of the notice.
(4) Notwithstanding subregulation (3), the Authority may suspend any or all of the operations at an aerodrome pending receipt of a response from the licence holder.
(5) A holder of a licence which has been suspended may appeal against the suspension to the Appeals Tribunal within 30 days of suspension of the licence.
(6) Where a licence holder makes an appeal under subregulation (5), he or she shall state in writing the reasons why in his or her opinion, the suspension of the licence shall be varied or set aside.
(7) Where an aerodrome licence is suspended, the holder of a licence shall—
(a) surrender the licence immediately, where the suspension is for a period of less than 30 days; or
(b) surrender the licence within 14 days, where the suspension is for a period of more than 30 days.
(8) The Authority may cancel the licence where the holder does not appeal against the suspension of the licence in accordance with subregulation (5), and the Authority shall give the holder of the certificate reasons for such cancellation.
(9) A holder of an aerodrome licence which is cancelled shall within 30 days of the cancellation, surrender the licence to the Authority.
(1) Subject to subregulation (2), a licence holder may surrender the licence to the Authority at any time.
(2) A licence holder who surrenders the licence shall give the Authority at least 30 days' notice in writing, before the date on which the licence is to be surrendered.
(3) The Authority shall cancel the licence upon the expiry of the period of notice under subregulation (2).
(4) Where, after the expiry of the period in subregulation (2), an aerodrome is abandoned or is not maintained in accordance with the conditions of the licence, the holder of the licence shall remove, obliterate or modify the markings made on the aerodrome.
33. Charges at licensed aerodromes
(1) A licence holder shall set charges for the use of the aerodrome or of any facilities provided at the aerodrome for the safety, security, efficiency or regularity of air navigation.
(2) Where required by the Authority, a licence holder shall, furnish particulars of the charges levied for the use of an aerodrome or the performance of services at the aerodrome.
(3) Notwithstanding subregulation (1), the Authority may where necessary, set maximum charges which may be levied for the use of an aerodrome or the performance of services at the aerodrome.
(4) A licence holder shall not cause or permit any charges to be made in contravention of subregulation (3).
(5) A holder of a licence of an aerodrome shall cause the set charges under subregulation (3) to be posted in a conspicuous place at the aerodrome.
34. Transfer of aerodrome licence
(1) An aerodrome licence issued under these Regulations shall not be transferable and any purported transfer of a controlling interest in the operation of an aerodrome shall be void and of no effect.
(2) For the purposes of this regulation, transfer of a controlling interest in the operations of an aerodrome includes a transfer of the aerodrome licence.
35. Registered and licensed aerodrome register
(1) The Authority shall maintain an aerodrome register for all licences issued or aerodromes registered in accordance with these Regulations.
(2) The register shall contain—
(a) the full names of the licence holder;
(b) the nationality of the licence holder;
(c) the postal, telephone, facsimile and e-mail addresses of the holder of a licence;
(d) the name and location of the aerodrome for which the aerodrome is registered and a licence is issued;
(e) the number of the licence;
(f) the date on which the licence was issued or the aerodrome was registered; and
(g) any other relevant information.
36. Notification and furnishing of information
An aerodrome operator shall—
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