Air Navigation (Bailiwick of Guernsey) (Environmental Standards) Ordinance, 2015

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The Air Navigation (Bailiwick of Guernsey)
(Environmental Standards) Ordinance, 2015
 
THE STATES, in pursuance of their Resolution of the1st day of November, 2012[a], and in exercise of the powers conferred on them by sections 145(2) and 151 of the Air Navigation (Bailiwick of Guernsey) Law, 2012[b] and all other powers enabling them in that behalf, hereby order:-
 
Requirement for noise certificate for aircraft.
1.      Subject to section 7, an aircraft to which ICAO aircraft noise standards are applicable, and registered –
 
(a)      in Guernsey, shall not fly unless it has a noise certificate issued by the Director of Civil Aviation, in accordance with section 2,
 
(b)      elsewhere, shall not fly in the Bailiwick unless it has a noise certificate issued by or on behalf of the State of Registry certifying compliance with those standards.
 
Issue of noise certificate by Director of Civil Aviation .
2.      (1)       The Director of Civil Aviation shall issue a noise certificate to an aircraft registered in Guernsey if satisfied that it complies with the applicable ICAO aircraft noise standards.
 
(2)       For the purposes of subsection (1) the applicant shall furnish such evidence and submit the aircraft to such flying trials and other tests as the Director of Civil Aviation may require.
 
(3)       The Director of Civil Aviation shall issue every noise certificate subject to a condition as to the maximum total weights at which the aircraft may land or take-off and may impose other conditions relating to noise standards.
 
Validity of noise certificate.
3.      Subject to section 11, a noise certificate issued under section 2 shall only cease to be valid –
 
(a)      if the aircraft or any part of it is modified in any way which affects the ability of the aircraft to comply with the applicable noise standards, except if such modification is done in a manner and with material of a type approved by the Director of Civil Aviation, and
 
(b)       until the satisfactory completion of any inspection or test of the aircraft required by the Director of Civil Aviation for the purpose of ascertaining whether the aircraft continues to comply with the applicable noise standards.
 
Information to be included in flight manual.
4.      (1)       This section applies to any aircraft first registered in Guernsey in respect of which a noise certificate must be carried under section 9.
 
(2)       An aircraft to which this section applies shall not fly unless the flight manual in respect of that aircraft includes the ICAO mandatory information.
 
Requirement for emissions certification for aircraft .
5.       (1)      Subject to section 7, an aircraft to which ICAO aircraft engine emissions standards are applicable, and registered –
 
(a)      in Guernsey shall not fly unless it has been certified by the Director of Civil Aviation as complying with those standards,
 
(b)      elsewhere, shall not fly in the Bailiwick unless it has been certified by or on behalf of the State of Registry as complying with those standards.
 
(2)      For the purpose of subsection (1) aircraft may either be certified individually, or as a type.
 
Issue of emissions certification for types by Director of Civil Aviation.
6.      (1)      The Director of Civil Aviation shall certify a type of aircraft, turbojet engine, or turbofan engine if satisfied that the type in question complies with the applicable ICAO aircraft engine emissions standards.
 
(2)       For the purposes of subsection (1), the applicant shall furnish such evidence and subject aircraft or engines of the type in respect of which the application has been made to such tests as the Director of Civil Aviation may require.
 
Exception
7.       The requirement for a noise certificate (under section 1) or to have an emissions certification (under section 5) does not apply to –
 
(a)       an aircraft flying in accordance with a permit to fly under section 6 of the Law, or
 
(b)       an aircraft landing or taking off at a prescribed place.
 
Exemptions
8.      The Director of Civil Aviation may exempt any aircraft or engine or persons or classes of aircraft or engine or persons from the provisions of sections 1 to 6, either absolutely or subject to conditions.
 
Noise certificate to be carried
9.      An aircraft registered –
 
(a)       in Guernsey shall, when in flight, carry the noise certificate required by section 1 in respect of that aircraft unless the flight is intended to begin and end at the same aerodrome in the Bailiwick in which case the certificate may be kept at that aerodrome instead,
 
(b)      elsewhere, shall not land or take-off in Bailiwick unless it carries the noise certificate that it is required to carry under the law of the State of Registry.
 
Production of noise certificate
10.      Within a reasonable time after being requested to do so by the Director of Civil Aviation or an authorised person –
 
(a)      the commander of an aircraft, or
 
(b)      the operator of an aircraft,
 
as the case may be, shall cause to be produced to the Director of Civil Aviation or that person every noise certificate in force in respect of that aircraft.
 
 
 
Revocation, suspension and variation of noise certificate
11.      (1)      The Director of Civil Aviation may provisionally suspend any noise certificate, exemption or other document issued under this Ordinance pending inquiry into or consideration of the case.
 
(2)      The Director of Civil Aviation may, after due inquiry, revoke, suspend or vary any such certificate, exemption or other document.
 
(3)      The holder or any person having the possession or custody of any noise certificate, exemption or other document revoked, suspended or varied shall surrender it to the Director of Civil Aviation within a reasonable time after being required to do so.
 
(4)      Breach of any condition subject to which any noise certificate, exemption or other document has been issued under this Ordinance renders the document invalid during the continuance of the breach.
 
Prohibition in relation to noise certificates and emissions certification
12.      A person shall not purport to issue any noise certificate or emissions certification under this Ordinance unless authorised to do so by the Director of Civil Aviation.
 
Power to prevent aircraft flying.
13.      (1)       If it appears to the Director of Civil Aviation or an authorised person that any aircraft is intended or likely to be flown in such circumstances that sections 1 or 5 would be contravened, the Director of Civil Aviation or that authorised person may direct the operator or the commander of the aircraft not to permit the aircraft to make the flight or any other flight specified, until the direction has been revoked by the Director of Civil Aviation or by an authorised person, and, if the aircraft is in the Bailiwick, the Director of Civil Aviation or that authorised person may take such steps as are necessary to detain the aircraft.
 
(2)      The operator or, as the case may be, the commander of an aircraft shall comply with any direction given to him under subsection (1), unless he has reasonable excuse not to do so.
 
(3)      For the purposes of subsection (1), the Director of Civil Aviation or any authorised person may enter upon and inspect any aircraft.
 
Obstruction of persons
14.      A person shall not intentionally obstruct or impede any person acting in the exercise of his powers or the performance of his duties under this Order.
 
Offences by legal persons, etc
15.      (1)      Where an offence under this Ordinance is committed by a legal person and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of -
 
(a)      any director, manager, secretary or other similar officer, or any foundation official, of the legal person, or
 
(b)      any person purporting to act in any such capacity,
 
he as well as the legal person is guilty of the offence and may be proceeded against and punished accordingly.
 
(2)      Where the affairs of a legal person are managed by its members, subsection (1) applies to a member in connection with his functions of management as if he were a director.
 
(3)      Where an offence under this Ordinance is committed by an unincorporated body and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of -
 
(a)      in the case of a partnership, any partner,
 
(b)      in the case of any other unincorporated body, any officer of that body who is bound to fulfil any duty whereof the offence is a breach or, if there is no such officer, any member of the committee or other similar governing body, or
 
(c)      any person purporting to act in any capacity described in paragraph (a) or (b),
 
he as well as the unincorporated body is guilty of the offence and may be proceeded against and punished accordingly.
 
(4)      Where an offence under this Ordinance is alleged to have been committed by an unincorporated body, proceedings for the offence shall be brought in the name of that body and not in the name of any of its members.
 
Extent
16.      (1)      Except where the context otherwise requires, the provisions of this Ordinance –
 
(a)       insofar as they apply to aircraft registered in Guernsey, apply to such aircraft wherever they may be,
 
(b)       insofar as they apply to other aircraft apply to such aircraft when they are within the Bailiwick, and
 
(c)       insofar as they prohibit, require or regulate the doing of anything by the commander of an aircraft registered in Guernsey, apply to the commander wherever the commander may be.
 
Interpretation.
17.      (1)       In this Ordinance -
 
"ICAO aircraft engine emission standards" means the current edition of Volume II of Annex 16 to the Chicago Convention, published by the International Civil Aviation Organisation,
 
"ICAO aircraft noise standards" means the current edition of Volume I of Annex 16 to the Chicago Convention, published by the International Civil Aviation Organisation,
 
"ICAO mandatory information" means that specified in Part II, Chapter 1 of the ICAO aircraft noise standards,
 
"the Law" means the Air Navigation (Bailiwick of Guernsey) Law, 2012,
 
"noise certificate" means a certificate issued by the Director of Civil Aviation in accordance with section 2 or a certificate or other document issued or validated in accordance with section 1(b),
 
and other words or expressions have the same meaning as in the Law.
 
(2)      The Interpretation (Guernsey) Law, 1948[c] applies to the interpretation of this Ordinance throughout the Bailiwick
 
(3)      Any reference in these regulations to an enactment is a reference thereto as from time to time amended, repealed and replaced (with or without modification), extended or applied.
 
Citation.
18.      This Ordinance may be cited as the Air Navigation (Bailiwick of Guernsey) (Environmental Standards) Ordinance, 2015.
 
Commencement.
19.      This Ordinance shall come into force on 2nd February, 2015.
 
[a]

Article V of Billet d'État No. XXI of 2012.

[b]

Order in Council No. XI of 2013.

[c]

Ordres en Conseil Vol. XIII, p. 355





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