Commencement: 29 August 2005

republic of vanuatu

the
civil aviation (amendment) act no. 5 of 2005

Arrangement of Sections

1	Amendments
2	Commencement

------------------------------------

republic of vanuatu

the
civil aviation (amendment) act no. 5 of 2005

Assent: 14 July 2005
Commencement: 29 August 2005

An Act to amend the Civil Aviation Act No. 16 of 1999.

Be it enacted by the President and Parliament as follows-

1	Amendments

The Civil Aviation Act No. 16 of 1999 is amended as set out in the Schedule.

2	Commencement

This Act commences on the day on which it is published in the Gazette.

SCHEDULE

AMENDMENT OF THE CIVIL AVIATION ACT NO. 16 OF 1999

1	Section 2 (interpretation of aviation security officer)

Delete “the Civil Aviation Corporation”, substitute “Airports Vanuatu Limited”.

2	Section 2 (interpretation of Civil Aviation Corporation)

Delete the interpretation of “Civil Aviation Corporation”.

3	Section 2

Insert the following definition in the relevant alphabetical position:

“Airports Vanuatu Limited means Airports Vanuatu Limited, a company incorporated under the Companies Act [CAP. 191].”

4	Section 2 (interpretation of Department)

Delete the interpretation of “Department”.

5	Section 2

Insert the following definition in the relevant alphabetical position:

“Civil Aviation Authority means the Civil Aviation Authority replacing the Department of Civil Aviation.”

6	Section 2 (Interpretation of Director)

After “Aviation”, insert “Authority”.

7	Paragraph 3(1)(b)

Delete “;” substitute “or operated pursuant to an agreement for the lease, charter or interchange of the aircraft or any similar arrangement by an operator who has his principal place of business or if he has no such place of business, his permanent residence in another contracting state; ”

8	Subsection 3(2)

After “authority” (first occurring) insert “of an International Civil Aviation Organisation contracting State”

9	Paragraph 3(2)(a)

Delete “in the country of a foreign operator all or part of the responsibility for a Vanuatu registered aircraft operated by that foreign operator” substitute “all or part of its functions and duties as a State of registry in respect of that aircraft under Articles 12, 30, 31 and 32(a) and provide relevant notification/ information to International Civil Aviation Organisation and other States concerned with transfer arrangements”.

10	Subsection 5(3)

Repeal the subsection, substitute

“(3)	For the purposes of the administration of this Act and any other matter relating to civil aviation, the Civil Aviation Authority is the administering authority.”

11	Paragraph 12(4)(a)

Delete “management system”, substitute “safety management system that is to include training in knowledge and skills related to human performance”.

12	After section 36

Insert

“36A 	ADOPTION OF RULES BY REFERENCE

(1)	In addition to any other process by which the Minister may make ordinary rules in accordance with the provisions of this Act the Minister may when deemed appropriate make an ordinary rule by adopting by reference as an ordinary rule part of the Republic of Vanuatu a civil aviation rule part of a foreign jurisdiction pursuant to the provisions of this section.

(2)	For the purposes of this section a civil aviation rule part of a foreign jurisdiction means any ordinary civil aviation rule part which has been duly promulgated and published by any member state of International Civil Aviation Organisation other than the Republic of Vanuatu and which may be readily accessed by the public in electronic or printed formats.

(3)	Any rule part made by adoption by reference under this section need not be reproduced in either electronic or printed form in the Republic of Vanuatu but after making any rule pursuant to this section the Minister must, in addition to the publishing requirements set out in section 38(1), 38(3) and 38(4) and in substitution of the requirements of section 38(2) (which requirements shall not apply in the case of any rule made under this section), publish in the Vanuatu media and Gazette a notice of the making of a rule by adoption which shall contain where appropriate:

(a)	an Adoption Statement identifying by country of origin and part number in the country of origin the rule part which has been adopted by reference and the part number by which it will be known in the civil aviation system of Vanuatu;

(b)	an Interpretation Statement containing information and directions as the Minister may deem appropriate for the reading of the adopted rule suitable to the context of the Vanuatu civil aviation system including but not limited to:

(i)	any words (including place names) and numbers (including section numbers of the Republic of Vanuatu Acts of Parliament) to be substituted;

(ii)	any part or parts of the adopted rule which shall not apply in Vanuatu;

(iii)	any general exemption which will apply in Vanuatu;

(iv)	any additional provisions or requirements not found in New Zealand Rule Part but which will apply in Vanuatu;

(v)	any equivalent documents to be substituted for documents referred to in the adopted rule part;

(vi)	any direction as to the application or non application to Vanuatu of any amendment or repeal of an adopted rule part in its country of origin;

(vii)	any standards, requirements, recommended practices, rules or other written material or document incorporated by reference under section 40;

(viii)	any other matter which would assist in the practical, clear and unambiguous interpretation of the adopted rule in Vanuatu.

36B 	VALIDATION OF ADOPTION OF RULES BEFORE COMMENCEMENT OF THIS ACT

Every decision or direction of the Director of the Civil Aviation Authority of Vanuatu in relation to any incorporation or purported incorporation by reference of any New Zealand Aviation Rule part or parts prior to the commencement of this Act shall be as valid as it would have been if this Act had been in force at the time that the decision or direction was made and the decision or direction had been authorized under a rule duly made under the provisions of this Act.”

13	Subsection 42 (4)

Delete “the Civil Aviation Corporation”, substitute “Airport Vanuatu Limited” and delete “the Corporation”, substitute “Airports Vanuatu Limited”.

14	Subsection 49 (10)

Delete “the Civil Aviation Corporation”, substitute “Airports Vanuatu Limited”.

15	Section 93

Repeal the section, substitute

“93	THE RESPONSIBILITY OF THE MINISTER

The Minister must ensure that:

(a)	aviation security services are provided at all security designated airports and security designated air navigation installations; and

(b)	a written Vanuatu National Civil Aviation Security Programme is established and implemented to safeguard civil aviation operations against acts of unlawful interference, through regulations, practices and procedures which take into account the safety, regularity and efficiency of international flights and to the extent practicable, domestic flights; and

(c)	a National Aviation Security Committee or similar arrangements is established for the purpose of coordinating security activities between departments, agencies and other organizations of the State, airport and aircraft operators and other entities concerned with or responsible for the implementation of various aspects of the national civil aviation security programme; and

(d)	a Vanuatu National Aviation Security Quality Control Programme is developed, implemented and maintained to ensure the effectiveness of its national civil aviation security programme; and

(e)	training programmes are developed and implemented to ensure the effectiveness of its national civil aviation security programme. These programmes shall include training of civil aviation security personnel in human performance.

16	At the end of section 94

Add

“(3) The authorized aviation security service provider providing security at an airport or navigational installations must ensure the establishment and implementation of a written airport security programme appropriate to meet the requirements of the national aviation security programme.”

17	Subsection 130(3)

Repeal the subsection, substitute

“(3)	An instrument referred to in subsection (2) continues in force until the Minister otherwise determines by Order.”

--------------------------------------