Air Navigation and Transport Act 1975


Number 9 of 1975


AIR NAVIGATION AND TRANSPORT ACT 1975

REVISED

Updated to 17 September 2020


This Revised Act is an administrative consolidation of the Air Navigation and Transport Act 1975. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 (14/2020), enacted 11 September 2020, and all statutory instruments up to and including the Transport, Tourism and Sport (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 351 of 2020), made 15 September 2020, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 9 of 1975


AIR NAVIGATION AND TRANSPORT ACT 1975

REVISED

Updated to 17 September 2020


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Air Navigation and Transport Acts 1936 to 1998 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Air Navigation and Transport (Amendment) Act 1998 (24/1998), s. 1(2)). The Acts in this group are:

Air Navigation and Transport Act 1936 (40/1936)

Air Navigation and Transport (Amendment) Act 1942 (10/1942) (Repealed)

Air Navigation and Transport Act 1946 (23/1946)

Air Navigation and Transport Act 1950 (4/1950)

Air Navigation and Transport Act 1959 (1/1959)

Air Navigation and Transport (No. 2) Act 1959 (29/1959) (Repealed)

Air Navigation and Transport Act 1961 (25/1961) (Repealed)

Civil Liability Act 1961 (41/1961), Part VI

Air Navigation (Eurocontrol) Act 1963 (15/1963), in so far as it amends the Air Navigation and Transport Acts 1936 to 1961 (Repealed)

Air Navigation and Transport Act 1965 (6/1965)

Air Navigation and Transport Act 1973 (29/1973)

Air Navigation and Transport Act 1975 (9/1975)

Air Navigation and Transport (No. 2) Act 1975 (21/1975)

Air Transport Act 1986 (4/1986)

Air Navigation and Transport (Preinspection) Act 1986 (18/1986)

Air Navigation and Transport Act 1988 (15/1988)

Air Navigation and Transport (Amendment) Act 1998 (24/1998)

Airports and Aviation Acts 1936 to 2016 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Public Transport Act 2016 (3/2016), s. 1(4)). The Acts in this group are:

Air Navigation and Transport Acts 1936 to 1998

Air Navigation and Transport (International Conventions) Act 2004 (11/2004)

State Airports Act 2004 (32/2004), other than Part 3 and s. 25

State Airports (Shannon Group) Act 2014 (27/2014), other than Parts 8 and 9

Public Transport Act 2016 (3/2016), s. 6

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

State Airports (Shannon Group) Act 2014  (27/2014)

Criminal Procedure Act 2010 (27/2010)

Bail Act 1997 (16/1997)

Air Navigation and Transport Act 1988 (15/1988)

All Acts up to and including Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 (14/2020), enacted 11 September 2020, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

All statutory instruments up to and including Transport, Tourism and Sport (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 351 of 2020), made 15 September 2020, were considered in the preparation of this revision.


Number 9 of 1975


AIR NAVIGATION AND TRANSPORT ACT 1975

REVISED

Updated to 17 September 2020


ARRANGEMENT OF SECTIONS


Acts Referred to

Extradition Act, 1965

1965, No. 17

Offenders Act, 1907

1907, c. 17

Air Navigation (Eurocontrol) Act, 1963

1963, No. 15


Number 9 of 1975


AIR NAVIGATION AND TRANSPORT ACT 1975

REVISED

Updated to 17 September 2020


AN ACT TO ENABLE EFFECT TO BE GIVEN TO THE CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF CIVIL AVIATION, DONE AT MONTREAL ON THE 23rd DAY OF SEPTEMBER, 1971, AND TO PROVIDE FOR MATTERS RELATED THERETO. [19 th June, 1975]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1

Application of collectively cited Airports and Aviation Acts 1936 to 2004 affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies

...

Review of existing plans

46. ...

(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations.

...

General provisions regarding licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

...

...

...

...

Airports and Aviation Acts 1936 to 2004

...

C2

Authorised officer of the Irish Aviation Authority authorised to exercise powers under Air Navigation and Transport Act 1988 (15/1988), s. 18 in relation to enforcement of any provisions of collectively cited Air Navigation and Transport Acts as provided (8.12.1993) by Irish Aviation Authority Act 1993 (29/1993), s. 72(4), (5), S.I. No. 355 of 1993.

Miscellaneous amendments of Acts.

72.— ...

(4) An authorised officer of the company may for the purposes of the enforcement of any provisions of—

(a) the Acts or this Act or an instrument made or given thereunder and relating to a matter to which a function of the company relates,

(b) the Annexes to the Chicago Convention specified in the Schedule, or

(c) the Eurocontrol Convention,

exercise any of the powers conferred by section 18 of the Act of 1988 on an authorised person within the meaning of that section and, for the purposes of such exercise, subsections (2) and (4) of that section shall apply in relation to an authorised officer of the company as they apply in relation to an authorised person within the meaning aforesaid.

(5) The powers conferred on an authorised officer within the meaning of section 33 of the Act of 1988 by subsection (1) (b) of that section may be exercised by an authorised person within the meaning of section 18 of that Act.

C3

Application of collectively cited Air Navigation and Transport Acts extended in so far as an instrument made under the collectively cited Air Navigation and Transport Acts relates to a matter to which a function of the Irish Aviation Authority relates (8.12.1993) by Irish Aviation Authority Act 1993 (29/1993), s. 74, S.I. No. 355 of 1993.

Offences.

74.—(1) Without prejudice to subsection (2), if in relation to an aircraft there is a contravention of a provision of this Act or an instrument to which this section applies, the operator of the aircraft (not being the State) and the pilot in command thereof shall be deemed to have contravened the provision or instrument, as the case may be.

(2) A person who contravenes or is deemed to have contravened an instrument to which this section applies or fails to comply with a condition thereof shall be guilty of an offence.

...

C4

Power of Minister to refuse to cancel the registration of an aircraft under collectively cited Air Navigation and Transport Acts extended (22.06.1988) by Air Navigation and Transport Act 1988 (15/1988), s. 15, commenced on enactment.

Extension of power of Minister to refuse or cancel registration of aircraft.

15.—(1) Any power conferred on the Minister under the Acts to refuse or cancel the registration of an aircraft shall include the power, if it appears to him that an aircraft does not, or has ceased to, comply with any security or safety requirements specified by the Minister in a direction under section 13 , to refuse or to cancel the registration of that aircraft.

...

Editorial Notes:

E1

Power to appoint an authorised officer under Air Navigation and Transport (Amendment) Act 1998 (24/1998), s. 48 as authorised officer under collectively cited Airports and Aviation Acts or for specific purposes provided (27.07.2014) by State Airports (Shannon Group) Act 2014 (27/2014), s. 48(10), commenced on enactment.

E2

Certain immunity of authorised officer under collectively cited Airports and Aviation Acts provided (27.07.2014) by State Airports (Shannon Group) Act 2014 (27/2014), s. 49, commenced on enactment.