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
ARRANGEMENT OF SECTIONS
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Section |
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Application of the Extradition Act, 1965, to persons arrested under this Act. |
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Amendment of section 10 of the Air Navigation (Eurocontrol) Act, 1963. |
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Acts Referred to |
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1965, No. 17 |
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Offenders Act, 1907 |
1907, c. 17 |
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1963, No. 15 |
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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. [19th 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
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Number |
Year |
Short Title/Citation |
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... ... |
... ... |
... 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.
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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.