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On 20/11/2017, you requested the version as published on or before 30/03/2012.
No. S 124
Air Navigation Act
Air Navigation
(Amendment)
Order 2012
In exercise of the powers conferred by section 3 of the Air Navigation Act, the Minister for Transport hereby makes the following Order:
Citation and commencement
1.  This Order may be cited as the Air Navigation (Amendment) Order 2012 and shall come into operation on 2nd April 2012.
Amendment of paragraph 17A
2.  Paragraph 17A(1) of the Air Navigation Order (O 2) (referred to in this Order as the principal Order) is amended by deleting the words “that are to be complied with” and substituting the words “which shall be complied with”.
Amendment of paragraph 27
3.  Paragraph 27(1) of the principal Order is amended —
(a)
by deleting the colon at the end of sub-paragraph (c) and substituting a full-stop; and
(b)
by deleting the proviso.
Amendment of paragraph 50A
4.  Paragraph 50A(2) of the principal Order is amended by deleting the words “that are to be complied with” and substituting the words “which shall be complied with”.
Amendment of paragraph 50B
5.  Paragraph 50B of the principal Order is amended —
(a)
by inserting, immediately after the definition of “cargo”, the following definition:
“ “cargo aircraft” means an aircraft, other than a passenger aircraft, which carries goods or property;”;
(b)
by inserting, immediately after the definition of “dangerous goods incident", the following definition:
“ “exemption” means an authorisation issued by the Chief Executive under paragraph 50H providing relief from the provisions of the Technical Instructions;”; and
(c)
by inserting, immediately after the definition of “munitions of war”, the following definition:
“ “passenger aircraft” means an aircraft that carries any person other than a crew member, an operator’s employee in an official capacity, an authorised representative of an appropriate national authority or a person accompanying a consignment or other cargo;”.
New paragraph 50DA
6.  The principal Order is amended by inserting, immediately after paragraph 50D, the following paragraph:
Approval for transport of dangerous goods or other purposes
50DA.
—(1)  In addition to paragraph 50D, where the Technical Instructions specify that an approval is required —
(a)
for the transport of dangerous goods that are otherwise forbidden on passenger or cargo aircraft; or
(b)
for other purposes as provided for in the Technical Instructions,
the operator of the aircraft or the shipper, as the case may be, shall apply to the Chief Executive for such approval in a form or manner as may be determined by the Chief Executive.
(2)  An application for an approval shall be submitted to the Chief Executive —
(a)
in the case of an application under sub-paragraph (1)(a), at least 14 days before the relevant date of shipment of the dangerous goods; or
(b)
in the case of an application under sub-paragraph (1)(b), at least 14 days before the relevant date on which the other purposes are to be carried out.
(3)  The Chief Executive may grant to the operator of the aircraft or the shipper, as the case may be, a written approval subject to such conditions as he thinks fit.
(4)  An approval granted under sub-paragraph (3) shall be valid for such period (not exceeding one year) as the Chief Executive may determine.
(5)  The Chief Executive may vary, suspend or revoke the written approval granted under sub-paragraph (3) where he has reasonable grounds to believe that ―
(a)
any provision of the Technical Instructions or this Order has not been complied with; or
(b)
any condition of the written approval referred to in sub-paragraph (3) has not been complied with.”.
Amendment of paragraph 50E
7.  Paragraph 50E(1) of the principal Order is amended by deleting the words “or a dangerous goods permit under paragraph 50D” and substituting the words “, a dangerous goods permit under paragraph 50D or an approval for transport of dangerous goods or other purposes under paragraph 50DA”.
Amendment of paragraph 50I
8.  Paragraph 50I of the principal Order is amended by inserting, immediately after the words “Paragraphs 50D,”, the word “50DA,”.
Amendment of paragraph 80
9.  Paragraph 80 of the principal Order is amended —
(a)
by inserting, immediately after the words “he shall” in sub‑paragraph (4), the words “be guilty of an offence and shall”;
(b)
by deleting sub-paragraph (5) and substituting the following sub-paragraph:
(5)  If any person contravenes any provision specified in Part A of the Thirteenth Schedule he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000, or in the case of a second or subsequent conviction for the like offence to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 15 months or to both.”; and
(c)
by inserting, immediately after the words “he shall” in sub‑paragraph (6), the words “be guilty of an offence and shall”.
Amendment of Twelfth Schedule
10.  The Twelfth Schedule to the principal Order is amended —
(a)
by deleting the words “each subject of an examination” in paragraph 11(a) and substituting the words “each examination paper”;
(b)
by deleting the words “of a subject” in paragraph 11(aa) and (ab) and substituting in each case the word “paper”;
(c)
by deleting the paragraph immediately after paragraph 11(c); and
(d)
by deleting the words “, a Multi‑crew Pilot’s Licence (Aeroplanes)” in paragraph 12(1)(b).
Amendment of Nineteenth Schedule
11.  Part V of the Nineteenth Schedule to the principal Order is amended by deleting the words “or the dangerous goods permit granted under paragraph 50D(3)” in paragraph 2(1)(a) and substituting the words “, the dangerous goods permit granted under paragraph 50D(3) or the approval for transport of dangerous goods or other purposes granted under paragraph 50DA(3)”.
[MOT.CA.271.10.03.0.14; LE/LGN/A1.1; AG/LLRD/SL/6/2010/1 Vol. 5]