【法规名称】
【法规编号】 79360 什么是编号？
【正 文】
第3页 CAP 312 CIVIL AVIATION (AIRCRAFT NOISE) ORDINANCE
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[接上页] (b) the Director may, by notice in writing to the air traffic manager to which a notice under that subsection relates, determine that a particular occasion or series of occasions on which aircraft take off or land at the aerodrome shall be disregarded for the purposes of the notice under that subsection; and (c) any notice published in pursuance of that subsection may contain such exceptions and such incidental or supplementary provisions as the Director considers appropriate. (Amended 68 of 1994 s. 5)(4) Any owner or operator of an aircraft who fails without reasonable excuse to comply with any prohibition or restriction imposed by a notice under subsection (1) commits an offence and is liable on conviction to a fine of $50000. (Amended 68 of 1994 s. 5) (5) Subject to subsection (3), an air traffic manager who fails without reasonable excuse to secure the compliance referred to in subsection (2) commits an offence and is liable on conviction to a fine of $50000. (Added 68 of 1994 s. 5) (Enacted 1986) Cap 312 s 7 Directions to managers of airports (1) The Director may give to an airport manager such directions as he considers appropriate for the purpose of avoiding, limiting or mitigating the effect of noise and vibration connected with the taking off or landing of aircraft at the aerodrome; and it shall be the duty of the airport manager to comply with the directions. (2) The Director may, after consultation with an airport manager, by notice in writing require him at his own expense- (a) to provide in an area and within a period specified in the notice, and to maintain and operate in accordance with any instructions so specified, such equipment for measuring noise in the vicinity of the aerodrome as is so specified; and (b) to make to the Director such reports as are so specified with respect to the noise measured by the equipment and to permit any person authorized by the Director for the purpose to inspect the equipment on demand at any time,and it shall be the duty of the airport manager to comply with the requirements of the notice. (3) If an airport manager fails to perform any requirement or duty imposed on him by notice under subsection (2) the Director may, after affording him an opportunity of making representations to the Director with respect to the matter and after considering any representations then made by him- (a) take such steps as the Director considers appropriate for remedying the failure, which may include steps to secure the provision, maintenance and operation of equipment by the Director; and (b) recover in any court of competent jurisdiction from the airport manager any reasonable expense attributable to the taking of those steps which is incurred by the Director from time to time,and if an airport manager fails without reasonable excuse to perform any duty imposed on him by a notice under subsection (2)(b), then without prejudice to the preceding provisions of this subsection he- (i) commits an offence and is liable on conviction to a fine of $20000; and (ii) if the failure continues after his conviction of an offence under this subsection arising from the failure, is liable to a daily penalty of $10000. (Amended 68 of 1994 s. 6) Cap 312 s 8 Enforcement of prohibitions as to take off (1) If it appears to the Director that an aircraft is about to take off in contravention of any prohibition or restriction imposed in pursuance of this Ordinance, then, without prejudice to any powers exercisable by virtue of this Ordinance by the airport manager or air traffic manager, any person authorized by the Director for the purpose may detain the aircraft for such period as that person considers appropriate for preventing the contravention and may, for the purpose of detaining the aircraft, enter upon any land. (2) If it appears to a person authorized for the purpose by the airport manager that an aircraft is about to take off in contravention of any prohibition or restriction imposed in pursuance of this Ordinance, then without prejudice to any other provision of this Ordinance, the person so authorized may detain the aircraft for such period as he considers appropriate for preventing the contravention and may, for the purpose of detaining the aircraft, enter upon any land. (Amended 68 of 1994 s. 7) Cap 312 s 9 Power to make regulations Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) The Chief Executive in Council may make regulations- (Amended 36 of 1999 s. 3) (a) for carrying out the Annex; (b) specifying the circumstances in which a noise certificate may be granted and the conditions which may be imposed; (c) as to the manner and conditions of the issue, validation, renewal, extension of any certificate or other document required by this Ordinance or the regulations (including any examinations and tests to be undergone), and as to the form, custody, production, cancellation, suspension, endorsement and surrender of any such document; |
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