Civil Aviation Act

Civil Aviation (Passenger Fee) Regulations 2004

[GN 197 of 2004 – 20 January 2005] [Sections 8A and 11]

1. These regulations may be cited as the Civil Aviation (Passenger Fee) Regulations 2004.

2. In these regulations –

"Act" means the Civil Aviation Act;

"Director-General" has the same meaning as in the Mauritius Revenue Authority Act;

"passenger" –

(a) means any passenger leaving Mauritius by air, other than a passenger specified in the First Schedule to the Act; but

(b) does not include a passenger whose journey originally starts from Mauritius.

[Reg. 2 amended by reg. 3(a) of GN 189 of 2007 w.e.f. 1 January 2008.]

3. An airline or its agent shall, for the purpose of section 8A of the Act, pay to the Director-General the passenger fee.

[Reg. 3 amended by reg. 3(b) of GN 189 of 2007 w.e.f. 1 January 2008.]

4. An airline or its agent may recover the passenger fee from every passenger in respect of whom it is payable –

(a) at the time of the issue to any passenger of his travel ticket, whether electronic or otherwise;

(b) on the confirmation or reconfirmation of a reservation already held by any passenger; or

(c) at any time before the passenger leaves Mauritius.

5.

Every airline or the agent of the airline shall, not later than 30 days after the end of every month, remit the passenger fee on the basis of the number of passengers departing by each air flight during that month together with a statement certifying the class, category and number of passengers in respect of that air flight.

[Reg. 5 revoked and replaced by reg. 3(c) of GN 189 of 2007 w.e.f. 1 January 2008.]

6. - 7.

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Civil Aviation (Passenger Service Charge) Regulations 1999

[GN 98 of 1999 – 1 April 1999] [Section 11]

1. These regulations may be cited as the Civil Aviation (Passenger Service Charge) Regulations 1999.

2. In these regulations –

"airline" means an airline which operates to, through or in Mauritius, by itself or through its local agent;

"airport operator" means –

(a) in respect of Sir Seewoosagur Ramgoolam International Airport, Airports of Mauritius Co. Ltd; and

(b) in respect of Sir Gaëtan Duval Airport, Airport of Rodrigues Ltd;

"passenger" means a person leaving Mauritius by air;

"passenger service charge" means the fee specified in the First Schedule.

[Reg. 2 amended by reg. 3 of GN 35 of 2004 w.e.f. 1 April 2004; reg. 3 of GN 3 of 2012 w.e.f. 21 January 2012.]

3. (1) Subject to paragraph (2) and regulation 5(2), an airline or its agent shall, in respect of every passenger, pay to the airport operator the passenger service charge.

(2) No passenger service charge shall be paid in respect of the categories of passengers specified in the Second Schedule.

4. An airline or its agent which pays the passenger service charge under regulation 3 may recover from every passenger in respect of whom it is payable –

(a) at the time of the issue to any passenger of his travel ticket;

(b) on the confirmation or reconfirmation of a reservation already held by any passenger; or

(c) at any time before the passenger leaves Mauritius.

5. (1) The airport operator shall claim the passenger service charge from the airline or its agent periodically on the basis of the number of persons departing by each air flight and the airline or its agent shall, on the presentation of such claim, pay to the airport operator, subject to paragraph (2), the amount claimed.

(2) The Minister may, in consideration of the expenses or services incurred by an airline or its agent in connection with the recovery of the passenger service charge from the passengers, allow the airline or its agent a rebate.

5A. -

6. –

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FIRST SCHEDULE

[Regulation 2]

PASSENGER SERVICE CHARGE

 

(Rs)

1. Sir Seewoosagur Ramgoolam International Airport

(1) Passenger embarking on international flights –

 

(a) below 2 years

Nil

(b) aged 2 and above but below 12 years

500

(c) aged 12 and above, other than a passenger referred to in sub sub-item (d)

1,000

(d) citizens of Mauritius aged 60 and above

500

(2) Passenger embarking on domestic flights to Rodrigues –

(a) below 2 years

Nil

(b) aged 2 and above

Nil

2. Sir Gaëtan Duval Airport

 

(1) Passenger embarking on international flights –

(a) below 2 years

Nil

(b) aged 2 and above

500

(2) Passenger embarking on domestic flights to the island of Mauritius –

(a) below 2 years

Nil

(b) aged 2 and above

150

[First Sch. amended by reg. 3 of GN 70 of 2000 w.e.f. 1 May 2000; reg. 3 of GN 41 of 2001 w.e.f. 1 May 2001; revoked and replaced by reg. 4 of GN 35 of 2004 w.e.f. 1 April 2004; amended by reg. 3 of GN 95 of 2004 w.e.f. 1 April 2004; revoked and replaced by reg. 3 of GN 184 of 2005 w.e.f. 1 November 2005; reg. 3 of GN 67 of 2011 w.e.f. 1 June 2011; amended by reg. 4 of GN 3 of 2012 w.e.f. 21 January 2012.]

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SECOND SCHEDULE

[Regulation 3(2)]

PASSENGERS EXEMPT FROM PASSENGER SERVICE CHARGE

1. Heads of State and their families.

2. Passengers in transit for less than 24 hours holding onward reservations on the same aircraft or interlining at the airport, provided they –

(a) do not check out of the airport;

(b) are not travelling to Mauritius on an international flight to connect to Rodrigues or from Rodrigues to Mauritius to connect an international flight,

unless they are expected to stay longer due to delay in the departure of the flight on which the onward booking is held whether due to force majeure or any technical reasons.

3. Airline crew members who are on duty.

4. Ministers of foreign Governments and their families; Ambassadors or Commonwealth representatives and their families; Consuls other than Honorary Consuls and their families; Officials, experts and fellows from the United Nations, specialised agencies or serving under bilateral agreements or technical assistance, and their families; Diplomatic agents and their families.

5. Disabled persons in receipt of basic invalidity pension from the Government.

6. Passengers proceeding for medical treatment and holding a medical certificate from a specialist medical practitioner certifying that such treatment is required.

7. A passenger who forms part of a group of at least 10 persons going on pilgrImage to a holy place, provided that the pilgrimage is supported by a certificate issued by a recognised religious body in receipt of subsidy or grant from Government.

[Second Sch. revoked and replaced by reg. 4 of GN 35 of 2004 w.e.f. 1 April 2004; amended by reg. 5 of GN 3 of 2012 w.e.f. 21 January 2012.]

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Civil Aviation (Passenger Solidarity Fee) Regulations 2006

[GN 140 of 2006 – 30 September 2006] [Sections 8B and 11]

1. These regulations may be cited as the Civil Aviation (Passenger Solidarity Fee) Regulations 2006.

2. In these regulations –

"Act" means the Civil Aviation Act;

"Director-General" has the same meaning as in the Mauritius Revenue Authority Act.

[Reg. 2 amended by reg. 3(a) of GN 190 of 2007 w.e.f. 1 January 2008.]

3. An airline or its agent shall, for the purpose of section 8B of the Act, pay to the Director-General the passenger solidarity fee in respect of travel tickets issued on or after 29th October 2006.

[Reg. 3 amended by reg. 3(b) of GN 190 of 2007 w.e.f. 1 January 2008.]

4. An airline or its agent may recover the passenger solidarity fee from every passenger in respect of whom it is payable –

(a) at the time of issue to any passenger of his travel ticket whether electronic or otherwise;

(b) on the confirmation or reconfirmation of a reservation already held by any passenger; or

(c) at any time before the passenger leaves Mauritius.

5.

[Reg. 5 revoked by reg. 3(c) of GN 190 of 2007 w.e.f. 1 January 2008.]

6. Every airline or the agent of the airline shall, not later than 30 days after the end of every month, remit the passenger solidarity fee on the basis of the number of passengers departing by each air flight during that month together with a statement certifying the class and number of passengers in respect of that air flight.

[Reg. 6 revoked and replaced by reg. 3(d) of GN 190 of 2007 w.e.f. 1 January 2008.] 1

7.

[Reg. 7 revoked and replaced by reg. 3(e) of GN 190 of 2007 w.e.f. 1 January 2008.]

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1

Reg. 6 in respect of the passenger solidarity fee payable for the month of December 2007, came into operation on 1 January 2008.

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Civil Aviation (Security) Regulations 2008

[GN 38 of 2008 – 28 February 2008] [Section 11]

1. Short title

These regulations may be cited as the Civil Aviation (Security) Regulations 2008.

2.Interpretation

In these regulations –

"act of unlawful interference" –

(a) means an act or attempted act which jeopardises the safety of civil aviation and air transport; and

(b) includes –

(i) the unlawful seizure of an aircraft in flight;

(ii) the unlawful seizure of an aircraft on the ground;

(iii) hostage-taking on board an aircraft or at an airport;

(iv) the forcible intrusion on board an aircraft, at an airport or on the premises of an aeronautical facility;

(v) the introduction on board an aircraft or at an airport of a weapon or hazardous device or material intended for a criminal purpose;

(vi) the communication of false information which jeopardises the safety of an aircraft in flight or on the ground, of passengers, crew, ground personnel or the general public, at an airport or on the premises of a civil aviation facility;

"aerial work" –

(a) means an aircraft operation where an aircraft is used for specialised services; and

(b) includes services relating to agriculture, construction, photography, surveying observation, patrol, search, rescue and aerial advertisement;

"aircraft operator" means a person engaged in commercial air transport operations, aerial work or corporate aviation;

"aircraft security check" –

(a) means an inspection of the interior of an aircraft to which passengers may have had access; and

(b) includes the inspection of the hold of the aircraft for the purposes of discovering suspicious objects, weapons, explosives or other dangerous devices, articles and substances;

"aircraft security search" means a thorough inspection of the interior and exterior of an aircraft for the purpose of discovering suspicious objects, weapons, explosives or other dangerous devices, articles or substances;

"Airline Security Programme" means the Airline Security Programme referred to in regulation 9(1) and approved under regulation 17A;

"airport operator" means the holder of a licence issued under regulation 103 of the Civil Aviation Regulations 2007;

"Airport Security Programme" means the Airport Security Programme referred to in regulation 8(1) and approved under regulation 17B;

"airside" means the movement area of an airport, adjacent terrain and buildings or portions thereof to which access is controlled;

"air traffic services provider" means the provider of an air traffic control service which is designated by the Minister;

"Authority" has the same meaning as in the Civil Aviation Regulations 2007;

"background check" means the check of a person's identity and previous experience, including where legally permissible, any criminal history, as part of the assessment of an individual's suitability to implement a security control or for unescorted access to a security restricted area;

"cargo" means any property carried on an aircraft other than mail, stores and accompanied or mishandled baggage;

"certification" means a formal evaluation and confirmation by or on behalf of the Authority that a person possesses the necessary competencies to perform assigned functions to an acceptable level as defined by the Authority;

"commercial air transport operation" means an aircraft operation involving the transport of passengers, cargo or mail for remuneration or hire;

"Contracting State" means a member State of ICAO;

"corporate aviation" means the non-commercial operation or use of aircraft by a company for the carriage of passengers or goods as an aid to the conduct of its business, flown by a professional pilot employed to fly the aircraft;

"disruptive passenger" means a passenger who fails to respect the rules of conduct at an airport or on board an aircraft, or to follow the instructions of the airport staff or crew members, and by his conduct disturbs the good order and discipline at an airport or on board the aircraft;

"general aviation operation" means an aircraft operation other than a commercial air transport operation or an aerial work operation;

"hold baggage" means the baggage handed over by a passenger to an aircraft operator for carriage on board an aircraft in a compartment to which the passenger does not have access;

"human factors principles" means principles which apply to design, certification, training, operations and maintenance and which seek safe interface between the human and other system components by proper consideration to human performance;

"human performance" means human capabilities and limitations which have an impact on the safety, security and efficiency of aeronautical operations;

"ICAO" means the International Civil Aviation Organisation;

"National Civil Aviation Security Programme" means the National Civil Aviation Security Programme referred to in regulation 5(e) and approved under regulation 3(2);

"regulated agent" means an agent, freight forwarder or any other organisation that conducts business with an aircraft operator and provides security controls which are accepted or required by the Authority in respect of cargo or mail;

"Regulated Agent Security Programme" means the Regulated Agent Security Programme referred to in and approved under regulation 17C;

"screener" means a person who holds a written authorisation from the Authority under regulation 17E;

"screening" –

(a) means the application of technical or other means to identify or detect weapons, explosives or other dangerous devices, articles or substances which may be used to commit an act of unlawful interference; and

(b) includes any action to prevent any item referred to in paragraph (a) or package containing that item from reaching the aircraft;

"security" means safeguarding civil aviation against acts of unlawful interference;

"security audit" means an in-depth compliance examination of every aspect of the implementation of the National Civil Aviation Security Programme;

"security control" means the use of a verification procedure by which the introduction of weapons, explosives or other dangerous devices, articles or substances which may be used to commit an act of unlawful interference may be prevented;

"security inspection" means the examination of the implementation of relevant National Civil Aviation Security Programme requirements by an airline, airport or other organisation involved in aviation security;

"security restricted area" means an area of the airport identified by the Authority and described in the First Schedule;

"security survey" –

(a) means the evaluation of security needs; and

(b) includes the identification of vulnerabilities which may be exploited to carry out an act of unlawful interference and the recommendation of corrective actions;

"security test" means a covert or an overt trial of an aviation security measure which simulates an attempt to commit an unlawful act;

"service provider" means any person who engages, either directly or indirectly, under an agreement or otherwise, to carry out duties on behalf of an aircraft operator, airport operator or regulated agent, and provides security controls which are accepted or required by the Authority;

"training programme" means the training programme for aviation security referred to in regulation 17D;

"unidentified baggage" means baggage at an airport, with or without a baggage tag, which is not picked up by, or identified with, a passenger;

"vulnerable point" means any facility connected with an airport, found within the area described in the Second Schedule, which if damaged or destroyed, will seriously impair the functioning of the airport or air transport operation.

[Reg. 2 amended by reg. 3 of GN 18 of 2010 w.e.f. 1 February 2010.]

3. National Civil Aviation Security Committee

(1) There shall be for the purposes of these regulations a National Civil Aviation Security Committee.

(2) The National Civil Aviation Security Committee shall –

(a) approve the National Civil Aviation Security Programme setting out the Government's security policy in respect of civil aviation within Mauritius and of Mauritian civil aircraft overseas, and the necessary standards and guidelines for security;

(b) coordinate security activities between the departments, agencies and other entities of the State, airport and aircraft operators and other entities concerned with or responsible for the implementation of various aspects of the National Civil Aviation Security Programme;

(c) in the event of an act of unlawful interference, make arrangement to provide ICAO with all relevant information concerning the security aspects of the act of unlawful interference as soon as practicable after the act is resolved;

(d) after the occurrence of an act of unlawful interference, re-evaluate security controls and procedures and in a timely manner, take action necessary to remedy weaknesses so as to prevent recurrence; and

(e) make arrangement to inform ICAO of any action taken under subparagraph (d).

(3) The National Civil Aviation Security Committee shall consist of –

(a) the supervising officer of the Prime Minister's Office, Home Affairs Division, as Chairperson;

(b) a representative of the Prime Minister's Office, as Secretary;

(c) the Security Adviser to the Prime Minister;

(d) the Permanent Secretary of the Ministry responsible for the subject of civil aviation;

(e) the Commissioner of Police;

(f) the Commanding Officer of the Special Mobile Force;

(g) the officer in charge of the National Security Service;

(h) the Director of Civil Aviation;

(i) the officer in charge of the Passport and Immigration Office;

(j) the supervising officer of the Ministry responsible for the subject of health;

(k) the supervising officer of the Ministry responsible for the subject of agriculture;

(l) the Secretary for Foreign Affairs; and

(m) the Director-General of the Mauritius Revenue Authority.

(4) The National Civil Aviation Security Committee may co-opt any other person with specialised knowledge of a matter under consideration by it to be present at any meeting of the Committee.

(5) The National Civil Aviation Security Committee shall regulate its meetings in such manner as it may determine and 9 members, including at least 6 members from those referred to in paragraph (3)(a) to (i), shall constitute a quorum at any meeting.

(6) The National Civil Aviation Security Committee may issue directions, not inconsistent with these regulations, to the Authority on any issue concerning security, and the Authority shall comply with such directions.

4. Implementation of National Civil Aviation Security Programme generally

Every organisation which is involved with or responsible for the implementation of various aspects of the National Civil Aviation Security Programme shall –

(a) maintain a written statement of the security measures adopted by that organisation;

(b) apply the standards and endeavour to apply the recommended practices set out in Annex 17 to the Convention to international civil aviation operations;

(c) establish and implement suitable protection and handling procedures for security information shared by other Contracting States or security information that affects the security interests of other Contracting States, in order to ensure that inappropriate use, or disclosure, of such information is avoided;

(d) take appropriate measures for the safety of passengers and crew of an aircraft, which is subjected to an act of unlawful interference, while on the ground in Mauritius until their journey is continued;

(e) implement such security measures as may be entrusted to it under the National Civil Aviation Security Programme;

(f) ensure that every person implementing security controls is appropriately trained according to the requirements of the National Civil Aviation Security Programme and possesses all competencies required to perform his duties, and appropriate records are maintained for his training;

(g) ensure that every person who carries out screening operations is certified according to the requirements of the National Civil Aviation Security Programme, and performance standards are consistently and reliably achieved;

(h) apply security measures to domestic operations to the extent practicable, based upon a risk assessment carried out by the Authority; and

(i) prior to applying for an aviation security identification card on behalf of any of its employees or on behalf of any contractor providing it with services at the airport, carry out such preliminary checking of the employee or contractor, as may be required in the National Civil Aviation Security Programme.

5. Designated appropriate aviation security agency

The Authority shall for the purposes of these regulations be the designated appropriate aviation security agency for Mauritius and shall be responsible, inter alia, for –

(a) establishing a unit for security and developing and implementing guidelines, practices and procedures for security based on the provisions of Annex 17 to the Convention and taking into account the safety, regularity and efficiency of flights;

(b) meeting requests from other Contracting States for additional security measures in respect of specific flights by operators of such other States as far as may be practicable;

(c) establishing co-operation with other Contracting States in the development and exchange of information concerning civil aviation security programmes, training programmes and quality control programmes;

(d) establishing and implementing procedures to share with other Contracting States information that applies to the aviation security interests of those States, to the extent practicable;

(e) preparing a written National Civil Aviation Security Programme to be approved by the National Civil Aviation Security Committee;

(f) keeping under constant review the level of threat to civil aviation in Mauritius and making proposals to the National Civil Aviation Security Committee;

(g) ensuring the development and implementation of a national training programme for personnel of every organisation involved with, or responsible for, the implementation of the National Civil Aviation Security Programme;

(h) making available to the airport and aircraft operators in Mauritius and other entities concerned with civil aviation, a written version of the relevant parts of the National Civil Aviation Security Programme or other relevant information or guidelines to enable them to meet the requirements of the National Civil Aviation Security Programme;

(i) ensuring that persons implementing security controls are subjected to background checks and selection procedures;

(j) developing, implementing and maintaining a National Civil Aviation Security Quality Control Programme to determine compliance with, and validate the effectiveness of, the National Civil Aviation Security Programme;

(k) arranging for security audits, tests, surveys and inspections to be conducted on a regular basis, verifying compliance with the National Civil Aviation Security Programme and providing for the rapid and effective rectification of any deficiencies;

(l) supplementing the National Civil Aviation Security Quality Control Programme by establishing a confidential reporting system for analysing security information provided by sources such as passengers, crew and ground personnel;

(m) establishing a process to record and analyse the results of the National Civil Aviation Security Quality Control Programme, contributing to the effective development and implementation of the National Civil Aviation Security Programme, including identifying the causes and patterns of non-compliance and verifying that corrective actions have been implemented and sustained;

(n) establishing a modern, efficient and safe system for issuing aviation security identification cards to persons and vehicles requiring access to the security restricted areas in connection with their duties;

(o) establishing a process for the approval of regulated agents;

(p) processing special authorisation relating to the carriage of weapons on board an aircraft, by law enforcement officers and other authorised persons acting in the performance of their duties, in accordance with the laws of the States involved;

(q) considering requests by any other State to allow the travel of armed personnel, including in-flight security officers, on board aircraft of the operator of the requesting State;

(r) ensuring that contingency plans for security are developed and tested, and resources are made available by each organisation as may be necessary for implementation of such contingency plans; and

(s) approving the aviation security programme of each organisation involved in the implementation of the National Civil Aviation Security Programme.

6. Airport Security Committee

(1) There shall be at every airport serving civil aviation an Airport Security Committee to ensure the implementation of any national civil aviation security initiatives that may be required by the Authority from time to time.

(2) The Airport Security Committee shall –

(a) monitor the implementation of the Airport Security Programme;

(b) make reports to the Authority on the current state of security measures and procedures in force at the airport and on any security issues which cannot be resolved at the airport level;

(c) ensure that minimum security measures and procedures in force at the airport are adequate to meet threats with regard to normal situations and are under constant review for periods of heightened tension and emergency situations; and

(d) ensure that recommendations for improvements in security measures and procedures are implemented.

(3) The Airport Security Committee shall consist of –

(a) the responsible officer of the airport operator, as Chairperson;

(b) the officer in charge of the Police at the airport, as alternate Chairperson;

(c) a representative of the Customs Department of the Mauritius Revenue Authority;

(d) a representative of the Passport and Immigration Office;

(e) a representative of the Special Mobile Force;

(f) a representative of the aviation security identification card issuer;

(g) a representative of Air Mauritius Ltd;

(h) a representative of the air traffic services provider;

(i) a representative of the ground handling agencies;

(j) a representative of the airline representatives;

(k) a representative of the service providers; and

(l) a representative of the regulated agents.

(4) A representative of the Authority shall be invited to attend meetings of the Airport Security Committee as an observer.

(5) The Chairperson may co-opt any other person with specialised knowledge of a matter under consideration by the Airport Security Committee to be present at any meeting of the committee.

(6) The Airport Security Committee shall conduct its meetings within the policy framework established by the National Civil Aviation Security Programme and shall meet at least once quarterly.

(7) At any meeting of the Airport Security Committee, 8 members shall constitute a quorum.

7. Security responsibilities of Police

In addition to the duties of the Police under the Police Act, the Police at every airport serving civil aviation shall –

(a) control the access from landside to airside areas at the airport to prevent unauthorised entry;

(b) verify identity documents at designated check points before access is allowed to airside areas and security restricted areas;

(c) make available, upon request made by any organisation which is involved with, or responsible for, the implementation of the National Civil Aviation Security Programme, authorised and suitably trained personnel to assist in dealing with suspected, or actual cases of, unlawful interference with civil aviation;

(d) perform surveillance of the take-off and approach landside areas of the airport during high risk flights and as and when required;

(e) whenever informed by the Authority that an aircraft may be subjected to an act of unlawful interference, safeguard the aircraft if it is still on the ground and arrange for search of the aircraft for concealed weapons, explosives or other dangerous devices, articles or substances;

(f) inform the aircraft operator and the pilot-in-command when passengers are obliged to travel pursuant to judicial or administrative proceedings, in order that appropriate security controls can be applied; and

(g) make arrangements to investigate, render safe or dispose of, if necessary, suspected dangerous devices or other potential hazards at airports.

8. Security responsibilities of airport operator

(1) Every airport operator shall –

(a) subject to regulation 17B, within 3 months of being informed by the Authority of the approval of the National Civil Aviation Security Programme under regulation 3(2)(a), establish, implement and maintain a written Airport Security Programme which complies with the National Civil Aviation Security Programme;

(b) co-ordinate the implementation of security controls by various entities at the airport operated by it;

(c) comply with the National Civil Aviation Security Programme;

(d) integrate into the design and construction of new facilities and alterations to existing facilities at the airport operated by it, design requirements, including architectural and infrastructure-related requirements necessary for the implementation of the security measures specified in the National Civil Aviation Security Programme;

(e) supervise the movement of persons and vehicles on the airside to control access to security restricted areas;

(f) screen a proportion of persons other than passengers being granted access to security restricted areas, together with items carried;

(g) screen originating passengers of commercial air transport operations and their cabin baggage prior to boarding an aircraft;

(h) establish measures for transit operations to protect transit passengers and cabin baggage from unauthorised interference;

(i) screen transfer passengers of commercial air transport operations and their cabin baggage prior to boarding an aircraft except in cases where the Authority permits otherwise;

(j) protect passengers and their cabin baggage which have been screened from unauthorised interference from the point of screening until they board the aircraft;

(k) screen originating hold baggage prior to being loaded into an aircraft engaged in commercial air transport operations;

(l) screen transfer hold baggage prior to being loaded into an aircraft engaged in commercial air transport operations except in cases where the Authority permits otherwise;

(m) protect all hold baggage to be carried on an aircraft engaged in commercial air transport operations from unauthorised interference from the point it is screened or accepted into the care of the aircraft operator, whichever is earlier, until departure of the aircraft on which it is to be carried; and

(n) take such measures, not inconsistent with these regulations, as it may determine and deems expedient, to ensure that the airport has developed and tested contingency plans and procedures to respond to airport and aircraft related emergencies appropriate for the nature and scale of operations at the airport.

(2) The proportion referred to in paragraph (1)(f) shall be determined in accordance with such risk assessment as shall, from time to time, be carried out by the Authority.

(3) Where there is unauthorised interference with screened passengers and cabin baggage in breach of paragraph (1)(j), the airport operator shall re-screen the passengers together with their cabin baggage before they board an aircraft.

(4) Where the integrity of the hold baggage referred under paragraph (1)(m) is jeopardised, the airport operator shall re-screen the hold baggage before it is placed on board an aircraft.

[Reg. 8 amended by reg. 4 of GN 18 of 2010 w.e.f. 1 February 2010.]

9. Security responsibilities of aircraft operator

(1) Every aircraft operator shall –

(a) establish, implement and maintain a written Airline Security Programme which meets the requirements of the National Civil Aviation Security Programme;

(b) include in its Airline Security Programme, measures and procedures to ensure safety on board its aircraft in case a passenger is obliged to travel pursuant to judicial or administrative proceedings.

(2) Every aircraft operator shall –

(a) perform aircraft security checks or carry out aircraft security searches on its aircraft;

(b) take measures to ensure that disembarking passengers of commercial flights do not leave items on board its aircraft;

(c) protect its aircraft subject to security checks or searches from unauthorised interference from the time the search or check is until the aircraft departs; and

(d) control access to and from the aircraft which is subject to security checks or searches in order to prevent unauthorised access to its aircraft.

(3) Every aircraft operator shall, in determining whether an aircraft security check or an aircraft security search under paragraph (2)(a) shall be carried out, take into consideration any aviation security risk assessment which is carried out by the Authority.

(4) Every aircraft operator shall take appropriate measures to ensure that unauthorised persons are prevented from entering the flight crew compartment during any flight.

(5) Every aircraft operator shall not transport the baggage of passengers who are not on board the aircraft unless the baggage is identified as unaccompanied and has been subjected to additional screening.

(6) (a) Every aircraft operator shall only transport items of hold baggage which have been individually identified as accompanied or unaccompanied, screened to the appropriate standard and accepted for carriage on that flight.

(b) The aircraft operator shall keep a record of the baggage together with a statement that the baggage has met the criteria under subparagraph (a) and is authorised for carriage on that flight.

(7) An aircraft operator shall not transport a person who does not consent to an authorised search of his person when required to do so by the aircraft operator or person authorised to conduct such search on his behalf.

(8) An aircraft operator which contravenes this regulation shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding 12 months.

(9) In this regulation –

"aircraft operator" means an aircraft operator engaged in commercial air transport operations from Mauritius.

[Reg. 9 amended by reg. 3 of GN 253 of 2008 w.e.f. 28 February 2008; reg. 5 of GN 18 of 2010 w.e.f. 1 February 2010.]

10. Security responsibilities of regulated agent and service provider

(1) Every regulated agent and service provider shall –

(a) apply security controls to cargo and mail, prior to their being loaded in an aircraft engaged in passenger commercial air transport operations;

(b) protect cargo and mail which are carried in an aircraft engaged in passenger commercial air transport operations from unauthorised interference from the point security controls are applied to such cargo and mail until departure of the aircraft;

(c) not accept cargo or mail for carriage in an aircraft engaged in passenger commercial air transport operations unless the application of security controls to the cargo or mail is confirmed and accounted for by the regulated agent; and

(d) subject catering stores and supplies intended for carriage in an aircraft engaged in passenger commercial air transport operations to appropriate security controls and protection from unauthorised interference until they are loaded in the aircraft.

(2) Where a person who carries an arm with the authorisation of the Authority has been accepted to travel on an aircraft engaged in commercial air transport operations, the ground handling agent shall notify the pilot-in-command of the seat location of the person.

(3) A regulated agent or a service provider which contravenes this regulation shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding 12 months.

[Reg. 10 amended by reg. 4 of GN 253 of 2008 w.e.f. 28 February 2008.]

11. Security responsibilities of air traffic services provider

Every air traffic services provider shall –

(a) ensure that vulnerable points are adequately protected;

(b) provide to the Authority and the airport operator as much prior notification as possible of the arrival of an aircraft that may be subjected to an act of unlawful interference;

(c) when providing air traffic services for an aircraft which has departed from Mauritius or is over-flying the Mauritian airspace and is the subject of an act of unlawful interference, collect all relevant information on the flight of that aircraft and transmit that information to all other States responsible for air traffic services units concerned, including those airports of known or presumed destination;

(d) provide assistance to an aircraft which is the subject of an act of unlawful seizure or hostage-taking, including the provision of navigation aids and air traffic services; and

(e) where the circumstances so require, grant permission to land to an aircraft under paragraph (d) after consultation with the Authority.

11A. Security audits, tests, surveys and inspections

Where the Authority carries out a security audit, test, survey or inspection for the purposes of these regulations on its initiative or at the written request of an aircraft operator, airport operator, air traffic services provider or a regulated agent, the aircraft operator, airport operator, air traffic services provider or regulated agent shall, as the case may be, pay to the Authority the appropriate fee specified in the Third Schedule.

[Reg. 11A inserted by reg. 6 of GN 18 of 2010 w.e.f. 1 February 2010.]

12. Aviation security identification card

(1) The Authority shall for the purposes of these regulations establish a system for the issue of aviation security identification cards.

(2) The Authority may, upon a written request made by a person to –

(a) have access to a security restricted area or vulnerable point; or

(b) drive a vehicle into a security restricted area or vulnerable point,

issue, on payment of the appropriate application fee specified in the Third Schedule, an aviation security identification card to him or in respect of the vehicle, as the case may be.

(3) The Authority may require a background check to be conducted in respect of the applicant prior to the issue of an aviation security identification card for unescorted access to a security restricted area.

(4) The aviation security identification card issued under paragraph (2) may include electronic reading capability.

[Reg. 12 amended by reg. 7 of GN 18 of 2010 w.e.f. 1 February 2010.]

13. Sub-division of security restricted area

(1) The Authority may, having regard to the nature of the activities carried out in a security restricted area, sub-divide the area into distinct sub-zones.

(2) Every sub-zone shall be indicated by a sign affixed at the perimeter of the zone.

14. Temporary modification of security restricted area and vulnerable point

(1) The Authority may, having regard to the nature of the activities to be carried out within a security restricted area during a particular period grant, notwithstanding the First and Second Schedules, a temporary extension to, or remove a part from, a security restricted area or vulnerable point.

(2) Any extension or removal shall be indicated by a sign affixed at the extended or narrowed perimeter of the security restricted area or vulnerable point, as the case may be.

15. Access control

(1) Subject to regulation 16, no person shall be given access to, enter or remain inside a security restricted area or vulnerable point unless –

(a) he conspicuously displays a valid aviation security identification card for unescorted access, on the outer garment, at chest level, during the time of stay inside the security restricted area or vulnerable point;

(b) he is a bona fide passenger or crew member whose presence in a sub-zone of the security restricted area or vulnerable point is necessary; or

(c) he is otherwise permitted by the Authority and is accompanied by the holder of a valid aviation security identification card for the security restricted area or vulnerable point, as the case may be.

(2) Any person who contravenes this regulation shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding 12 months.

[Reg. 15 amended by reg. 5 of GN 253 of 2008 w.e.f. 28 February 2008.]

16. Exemptions regarding access control

(1) Where it is incompatible with the nature of the duty to be performed, or where it is impractical or otherwise undesirable, to conspicuously display the aviation security identification card, the National Civil Aviation Security Committee may grant exemptions from the conspicuous wearing of the card in such specific security sub-zones and during such period of time corresponding to specific phases of activity, as it may determine, to selected holders of aviation security identification cards.

(2) Notwithstanding an exemption granted under paragraph (1), an exempted holder shall always carry his aviation security identification card and make it readily available for inspection by an authorised officer when gaining access inside a security restricted area or vulnerable point.

17. Vehicular control

(1) No person in charge of a vehicle shall drive or otherwise bring the vehicle into a security restricted area or vulnerable point unless that person is in possession of a valid aviation security identification card in respect of that vehicle or, in the absence of an aviation security identification card, access in the security restricted area or vulnerable point, as the case may be, has been permitted by the Authority.

(2) Any person who contravenes paragraph (1) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding 12 months.

[Reg. 17 amended by reg. 6 of GN 253 of 2008 w.e.f. 28 February 2008.]

17A. Airline Security Programme

(1) No aircraft operator shall implement an Airline Security Programme or an amendment thereof, unless the Airline Security Programme or amendment, as the case may be, is approved by the Authority.

(2) Every aircraft operator shall make an application to the Authority in such form and manner as the Authority may determine for the approval of the Airline Security Programme or amendment thereof.

(3) Every application made under paragraph (2) shall be accompanied by the appropriate fee specified in the Third Schedule.

(4) The Authority may grant or reject an application made under paragraph (2).

(5) Where the Authority grants an application made under paragraph (2), it shall issue a written approval to the applicant subject to such terms and conditions as it may determine.

[Reg. 17A inserted by reg. 8 of GN 18 of 2010 w.e.f. 1 February 2010.]

17B. Airport Security Programme

(1) No airport operator shall implement an Airport Security Programme or any amendment thereof, unless the Airport Security Programme or the amendment, as the case may be, is approved by the Authority.

(2) Every airport operator shall make an application to the Authority in such form and manner as the Authority may determine for the approval of the Airport Security Programme or any amendment thereof.

(3) Every application made under paragraph (2) shall be accompanied by the appropriate fee specified in the Third Schedule.

(4) The Authority may grant or reject an application made under paragraph (2).

(5) Where the Authority grants an application made under paragraph (2), it shall issue a written approval to the applicant subject to such terms and conditions as it may determine.

[Reg. 17B inserted by reg. 8 of GN 18 of 2010 w.e.f. 1 February 2010.]

17C. Regulated Agent Security Programme

(1) Subject to paragraph (2), every regulated agent shall develop and maintain a Regulated Agent Security Programme consistent with the National Civil Aviation Security Programme.

(2) No regulated agent shall implement a Regulated Agent Security Programme or any amendment thereof, unless the Regulated Agent Security Programme or the amendment, as the case may be, is approved by the Authority.

(3) Every regulated agent shall make an application to the Authority in such form and manner as the Authority may determine for the approval of the Regulated Agent Security Programme or any amendment thereof.

(4) Every application made under paragraph (3) shall be accompanied by the appropriate fee specified in the Third Schedule.

(5) The Authority may grant or reject an application made under paragraph (3).

(6) Where the Authority grants an application made under paragraph (3), it shall issue a written approval to the applicant subject to such terms and conditions as it may determine.

[Reg. 17C inserted by reg. 8 of GN 18 of 2010 w.e.f. 1 February 2010.]

17D. Training programme for aviation security

(1) Subject to paragraph (2), every organisation involved with, or responsible for, the implementation of the National Civil Aviation Security Programme shall develop and maintain a training programme for aviation security for its personnel.

(2) No organisation shall implement a training programme referred to in paragraph (1) or any amendment thereof, unless the training programme or the amendment, as the case may be, is approved by the Authority.

(3) Every organisation referred to in paragraph (1) shall make an application to the Authority in such form and manner as the Authority may determine for the approval of the training programme or any amendment thereof.

(4) Every application made under paragraph (3) shall be accompanied by the appropriate fee specified in the Third Schedule.

(5) The Authority may grant or reject an application made under paragraph (3).

(6) Where the Authority grants an application made under paragraph (3), it shall issue a written approval to the applicant subject to such terms and conditions as it may determine.

[Reg. 17D inserted by reg. 8 of GN 18 of 2010 w.e.f. 1 February 2010.]

17E. Screener

(1) No person shall carry out any screening operations unless he holds a written authorisation from the Authority.

(2) An application for a written authorisation from the Authority shall be –

(a) made by the employer on behalf of the employee he wishes to appoint as a screener;

(b) made to the Authority in such form and manner as it may determine; and

(c) accompanied by the appropriate fee specified in the Third Schedule.

(3) On receipt of an application made under paragraph (2), the Authority may request the applicant to furnish such additional information as it may reasonably require to process the application.

(4) The Authority may grant or reject an application made under paragraph (2).

(5) Where the Authority grants an application made under paragraph (2), it shall issue a written authorisation to the applicant subject to such terms and conditions as it may determine.

(6) An authorisation under this regulation shall be valid for a period of 12 months from the date of issue and may be renewed.

(7) An authorisation shall cease to be valid where –

(a) the employer of the holder of the authorisation is no longer using his services;

(b) the employer has ceased his business.

(8) Where an authorisation ceases to be valid, its holder shall forthwith surrender the authorisation to the Authority.

(9) An application for the renewal of an authorisation shall be –

(a) made to the Authority within one month before the date of expiry of the authorisation in such form and manner as the Authority may determine;

(b) accompanied by the appropriate fee specified in the Third Schedule.

(10) The Authority may grant or reject an application made under paragraph (9).

(11) Where the Authority grants an application made under paragraph (9), it shall renew the authorisation subject to such terms and conditions as it may determine.

[Reg. 17E inserted by reg. 8 of GN 18 of 2010 w.e.f. 1 February 2010.]

18. Powers

(1) Nothing in these regulations shall be construed as conferring or delegating to any service provider any power held by the Commissioner of Police for law and order under the Police Act or under any other enactment.

(2) No person shall obstruct or impede any public officer or any service provider or other person acting in the exercise of his powers or in the performance of his duties under these regulations.

(3) Where, in relation to any security restricted area or vulnerable point, an offence under paragraph (2) is committed by any person –

(a) the employer of that person; or

(b) the owner of the vehicle, baggage, moveable property, or animal, as the case may be, which has been involved in that offence,

shall also commit the like offence unless he proves that the offence was committed without his knowledge or consent and that he took all necessary steps to prevent the commission of the offence.

(4) (a) Without prejudice to any prosecution under any enactment relating to civil aviation, the Authority shall have the power to suspend or cancel the aviation security identification card where it is satisfied that the holder of the card has contravened these regulations or has rendered himself ineligible to hold the card due to any other valid reason.

(b) The Authority shall, before an aviation security identification card is cancelled, give written notice to the holder of the card requesting him to show cause why the card shall not be cancelled.

(5) Without prejudice to its power to cancel an aviation security identification card under paragraph (4), the Authority may suspend the card forthwith.

(6) Where the Authority suspends or cancels an aviation security identification card under paragraph (4) or (5), as the case may be, the holder of the card shall forthwith surrender his card to the Authority.

(7) Any person who contravenes paragraph (2) or (6) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding 12 months.

[Reg. 18 amended by reg. 7 of GN 253 of 2008 w.e.f. 28 February 2008.]

19. Issue of directives

(1) The Authority may issue a directive, not inconsistent with these regulations, relating to the security of any aircraft, airport or vulnerable point in Mauritius and any person to whom the directive is issued shall comply with it.

(2) Any directive issued by the Authority under paragraph (1) to an airport operator, service provider, mail and cargo handling agency, aircraft owner and operator, air traveller and a member of the public, concerning aviation security, may relate to –

(a) the administrative arrangements for granting access into any part of the security restricted area;

(b) the conduct of persons and presence or movement of vehicles and animals, within any security restricted area;

(c) the nature of security measures and procedures applicable to persons seeking entry into the security restricted area or vulnerable point with intent to board a departing aircraft or for any other purpose, and their baggage or other property, whether intended for carriage by air or not;

(d) the nature of security measures and procedures applicable to any vehicle, movable property, machinery, goods, packages, entering and moving within any security restricted area or vulnerable point, whether consigned for transportation by air or brought into the area in relation to any other authorised purpose.

(3) Any person who, without reasonable excuse of justification, fails to comply with a directive issued under paragraph (1) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding 12 months.

[Reg. 19 amended by reg. 3 of GN 253 of 2008 w.e.f. 28 February 2008.]

19A. Other security tasks

Where, in relation to any function relating to a security task under these regulations, no charge is specified in the Third Schedule for that task, the aircraft operator, airport operator, regulated agent or air traffic service provider, as the case may be, shall pay to the Authority 500 rupees per man-hour for the task done by the Authority or any person appointed to act on behalf of the Authority.

[Reg. 19A inserted by reg. 9 of GN 18 of 2010 w.e.f. 1 February 2010.]

19B. Exemption, waiver or refund

The Authority may exempt, waive or refund any fee or charge payable under these regulations –

(a) by its officer or any person appointed to act on behalf of the Authority; or

(b) where good cause is shown to justify such exemption, waiver or refund.

[Reg. 19B inserted by reg. 9 of GN 18 of 2010 w.e.f. 1 February 2010.]

20.

21. Savings

(1) Any circular, notice, publication, or direction issued under the revoked regulations referred to under regulation 20 and which may also be issued under these regulations, shall –

(a) be deemed to have been issued under these regulations; and

(b) remain valid until replaced or revoked.

(2) –

22. –

________________

FIRST SCHEDULE

[Regulation 2]

SECURITY RESTRICTED AREAS

Zone A to the extent of 242 hectares 4990 square metres (242Ha.4,990m2), being part of the limit of the Sir Seewoosagur Ramgoolam International Airport premises and the external wall at ground floor level of the "New Terminal Building", and is bounded as follows –

By a line running from point S1 (1 015 392.963mE and 974 136.588mN) in a North Westerly direction to point S2 (1 015 379.925mE and 974 143.224mN); then to point S3 (1 015 376.767mE and 974 145.464mN); these lines follow the alignment of the external wall of the "New Terminal Building" at ground floor level;

From the previous point S3 in a South Westerly direction to point S4 (1 015 373.723mE and 974 143.950mN); from the previous point S4 in a Westerly direction to point S5 (1 015 369.718mE and 974 143.667mN); then to point S6 (1 015 361.549mE and 974 143.971mN); – the points between S3 to S6 following the alignment, of a masonry wall;

From the previous point S6 in a Southerly direction to point S7 (1 015 361.466mE and 974 142.110mN); from the previous point S7 in a Westerly direction to point S8 (1 015 349.589mE and 974 142.699mN) – this line following the alignment of a masonry wall;

From the previous point S8 in a Southerly direction to point S9 (1 015 349.508mE and 974 141.063mN); from the previous point S9 in a Westerly direction to point S10 (1 015 339.412mE and 974 141.507mN). From the previous point S10 in a North Westerly direction to point S11 (1 015 328.930mE and 974 160.444mN) – the points between S9 to S11 following the alignment of a masonry wall;

From the previous point S11 in a North Easterly direction to point S12 (1 015 334.339mE and 974 171.079mN); from the previous point S12 in a North Westerly direction to point S13 (1 015 332.694mE and 974 176.119mN); from the previous point S13 in a North Easterly direction to point S14 (1 015 342.752mE and 974 195.256mN); from the previous point S14 in an Easterly direction to point S15 (1 015 349.780mE and 974 197.708mN); from the previous point S15 in a South Easterly direction to point S16 (1 015 367.863mE and 974 188.672mN); then to point S17 (1 015 372.111mE and 974 187.521mN); then to point S18 (1 015 37d.504mE and 974 187.780mN); from the previous point S18 in a South Easterly direction to point S19 (1 015 384.791mE and 974 183.626mN) – the points between S12 to S19 follow the alignment of a masonry wall;

From the previous point S19 in a North Easterly direction to point S20 (1 015 385.876mE and 974 185.842mN); from the previous point S20 in a North Westerly direction to point S21 (1 015 380.514mE and 974 188.466mN); from the previous point S21 in a North Easterly direction to point S22 (1 015 385.756mE and 974 201.966mN) – the points between S20 to S22 following the alignment of the external wall of a concrete building (V.I.P Lounge and la terrasse);

From the previous point S22 in a North Westerly direction to point S23 (1 015 383.477mE and 974 202.967mN); then to point S24(1 015 346.501mE and 974 221.517mN) – these lines following the alignment of a security fence, intersected by a gate;

From the previous point S24 in a Northerly direction to point S25 (1 015 345.783raE and 974 224.418mN); from the previous point S25 in a North Westerly direction to point S26 (1015 328.063mE and 974 233.643mN) these points between S24 to S26 following the alignment of a wire fence supported by galvanised pipes;

From the previous point S26 in a Westerly direction to point S27 (1 015 326.067mE and 974 233.369mN); from the previous point S27 in a South Westerly direction to point S28 (1 015 324.940mE and 974 231.415mN) – these points between S26 to S28 follow the alignment of a concrete wall 15 centimetres (0.15m) thick;

From the previous point S28 in a South Westerly direction to point S29 (1 015 320.399mE and 974 222.678mN); from the previous point S29 in a South Westerly direction to point S30 (1 015 319.993mE and 974 219.841mN) these points between S28 to S30 following a wire fence supported by galvanised pipes;

From the previous point S30 in a South Westerly direction to point SC31 (1 015 314.823mE and 974 209.448mN) – this line following the alignment of the external wall of a concrete building (NA V Shelter);

From the previous point SC31 in a North Westerly direction to point SC32 (1 015 310.638mE and 974 211.530mN); this line following the alignment of the external wall of the said concrete building (NA V Shelter);

From the previous point SC32 in a North Easterly direction to point SC33 (1 015 316.690mE and 974 223.697mN) – this line following part of the alignment of the common wall of the said concrete building (NA V Shelter) and another concrete building (Technical Block);

From the previous point SC33 in a North Westerly direction to point SC34 (1 015313.109mE and 974 225.478mN) – this line following the alignment of the external wall of the said concrete building (Technical Block);

From the previous point SC34 in a North Easterly direction to point SC35 (1 015 315.051 mE and 974 229.382mN); from the previous point SC35 in a South Easterly direction to point SC36 (1 015 315.498mE and 974 229.159mN); from the previous point SC36 in a North Easterly direction to point SC37 (1 015 315.921 mE and 974 230.010mN); from the previous point SC37 in a South Easterly direction to point SC38 (1 015 316.772mE and 974 229.587mN); from the previous point SC38 in a North Easterly direction to point SC39 (1 015 317.195mE and 974 230.437mN); from the previous point SC39 in a South Easterly direction to point SC40 (1 015 318.046mE and 974 230.014mN); from the previous point SC40 in a North Easterly direction to point SC41 (1 015 320.2 19mE and 974 233.724mN) – the points between SC34 to SC41 following the alignment of the external wall of a concrete building Control Tower);

From the previous point SC41 in a South Easterly direction to point SC42 (1 015 321.187mE and 974 233.200mN); from the previous point SC42 in a North Easterly direction to point SC43 (1 015 322.566, nE and 974 235.751mN); from the previous point SC43 in a North Westerly direction to point SC44 (1 015 312.231mE and (974 2 U.339mN); from the previous point SC44 in a South Westerly direction to point SC45 (1 015 310.937mE and 974 238.857mN); from the previous point SC45 in a North Westerly direction to point SC46 (1 015 302.600mE and 974 243.198mN); from the previous point SC46 in a South Westerly direction to point SC47 (1 015 279.134mE and 974 195.821mN); from the previous point SC47 in a North Westerly direction to point SC48 (1 015 276.380mE and 974 197.234mN) – the points between SC41 to SC48 following the alignment of a wire fence supported by galvanised pipes;

From the previous point SC48 in a South Westerly direction to point SC49 (1 015 255.295mE and 974 156.213mN); this line follows partly the alignment of the external wall of a concrete building (Ramp Equipment Workshop) and partly the alignment of a wire fence supported by galvanised pipes;

From the previous point SC49 in a North Westerly direction to point SC50 (1 015 208.339mE and 974 181.472mN); from the previous point SC50 in a Northerly direction to point SC51 (1 015 204.138mE and 974 193.744mN); from the previous point SC51 in a North Easterly direction to point SC52 (1 015 211.998mE and 974 209.283mN) – the points between SC49 to SC52 following the alignment of a wire fence supported by galvanised pipes;

From the previous point SC52 in a North Westerly direction to point SC53 (1 015 202.060mE and 974 214.472mN) – this line following the alignment of a wire fence supported by galvanised pipes, intersected by a gate;

From the previous point SC53 in a North Easterly direction to point SC54 (1 015 203.427mE and 974 217.142mN) – this line following the alignment of a wire fence supported by galvanised pipes;

From the previous point SC54 in a North Westerly direction to point SC55(1 015 198.908mE and 974 219.404mN) – this line following partly the alignment of a wire fence supported by galvanised pipes, intersected by a gate, and partly the alignment of the external wall of a concrete building (Gate Post);

From the previous point SC55 in a North Easterly direction to point SC56 (1 015 203.672mE and 974 228.657mN) – this line following partly the alignment of the external wall of a concrete building (Shelter Fuel);

From the previous point SC56 in a North Westerly direction to point SC57 (1 015 158.307mE and 974 252.008mN) – this line following partly the alignment of the external wall of the said concrete building (Shelter Fuel) and partly a wire fence supported by galvanised pipes;

From the previous point SC57 in a South Westerly direction to point SC58 (1 015 145.751mE and 974 227.701mN); from the previous point SC58 in a North Westerly direction to point SC59 (1 015 133.575mE and 974 234.028mN); then to point SC60 (1 015 115.286mE and 974 252.583mN) these points between SC57 to SC60 follow the alignment of a wire fence supported by galvanised pipes;

From the previous point SC60 in a South Westerly direction to point SC61 (1 015 113.706mE and 974 249.519mN); from the previous point SC61 in a North Westerly direction to point SC62(1 015 112.525mE and 974 250.127mN); from the previous point SC62 in South Westerly direction to point SC63 (1 015 107.584mE and 974 240.541mN); from the previous point SC63 in a North Westerly direction to point SC64 (1 015 052.430mE and 974 268.970mN) – the points between SC60 to SC64 following the alignment of the external wall of a 2 storey concrete building at ground floor level Air Mauritius Flight Operation – Administrative Block);

From the previous point SC64 in a North Easterly direction to point SC65 (1 015 055.866mE and 974 275.637mN) – the line following the internal wall of a concrete staircase of the said 2 storey concrete building at ground floor level (Air Mauritius Flight Operation – Administrative Block);

From the previous point SC65 in a North Westerly direction to point SC66 (1 015 051.982mE and 974 277.639mN) – the line following the width of the internal wall of the said concrete staircase;

From the previous point SC66 in a South Westerly direction to point SC67 (1 015 048.539mE and 974 270.959mN) – the line following the alignment of the internal wall of the said concrete staircase;

From the previous point SC67 in a North Westerly direction to point SC68 (1 015 031.506mE and 974 279.734mN) – the line following the alignment of the external wall of the said 2 storey concrete building at ground floor level (Air Mauritius Flight Operation – Administrative Block);

From the previous point SC68 in a South Westerly direction to point SC69 (1 015 027. 269mE and 974 271.312mN); from the previous point SC69 in a North Westerly direction to point SC70 (1 014 999.225mE and 974 288.205mN); then to point SC71 (1 014 975.891 mE and 974 301.230mN); from the previous point SC71 in a Northerly direction to point SC72 (1 014 981.416mE and 974 318.231mN); from the previous point SC72 in a North Easterly direction to point SC73 (1 015 009.466mE and 974 333.664mN) then to point SC74 (1 015 011.404mE and 974 335.494mN) – the points between SC68 to SC74 follow the alignment of a wire fence supported by galvanised pipes;

From the previous point SC74 in a North Westerly direction to point SC75 (1 015 007.134mE and 974 342.854mN) – the line following the alignment of a wire fence supported by galvanised pipes, intersected by a gate;

From the previous point SC75 in a North Easterly direction to point SC76 (1 015 008.917mE and 974 343.808mN) – the line following the alignment of a wire fence supported by galvanised pipes;

From the previous point SC76 in a North Westerly direction to point SC77 (1 015 006.558mE and 974 347.931 mN) – the line following the alignment of the said wire fence supported by galvanised pipes, intersected by a gate;

From the previous point SC77 in a South Westerly direction to point SC78 (1 015 000.027mE and 974 344.305mN) – the line following partly the alignment of a wire fence supported by galvanised pipes and partly the alignment of the external wall of a concrete building (Gate Post);

From the previous point SC78 in a North Westerly direction to point SC79 (1 014 998.707mE and 974 347.221mN); from the previous point SC79 in a South Westerly direction to point SC80 (1 014 993.629mE and 974 342.926mN); from the previous point SC80 in a North Westerly direction to point SC81 (1 014 976.242mE and 974 351.747mN);

From the previous point SC81 in a South Westerly direction to point SC82 (1 014 975.709mE and 974 350.910mN); from the previous point SC82 in a North Westerly direction to point SC83 (1 014 961.437mE and 974 358.255mN); from the previous point SC83 in a North Easterly direction to point SC84 (1 014 973.898mE and 974 382.580mN); from the previous point SC84 in a Northerly direction to point SC85 (1 014 961.842mE and 974 399.249mN); then to point SC86 (1 014 958.807mE and 974 404.645mN); then to point SC87 (1 014 956.186mE and 974 410.083mN); then to point SC88 (1 014 950.602mE and 974427.203mN); from the previous point SC88 in a North Easterly direction to point SC89 (1 014 953.531mE and 974 435.596mN); from the previous point SC89 in Northerly direction to point SC90 (1014 963.114mE and 974 481.999mN); then to point SC91 (1014 964.989mE and 974 490.654mN); then to point SC92 (1014 973.454mE and 974 520.144mN); from the previous point SC92 in a North Easterly direction to point SC93 (1015 002.388mE and 974 535.918mN); from the previous point SC93 in an Easterly direction to point SC94 (1 015 035.355mE and 974 526.471 mN); from the previous point S094 in a North Easterly direction to point SC95 (1 015 066.718mE and 974 524.890mN) – the points between SC78 to SC95 following the alignment of a wire fence supported by galvanised pipes;

From the previous point SC95 in a North Easterly direction to point S96 (1 015 160.387mE and 974 575.858mN); from the previous point S96 in a North Westerly direction to point S97 (1 015 133.354mE and 974 625.446mN); from the previous point S97 in a Westerly direction to point S98 (1 015 121.777mE and 974 625.181mN); from the previous point S98 in a North Westerly direction to point S99 (1 015 113.610mE and 974 634.442mN) – the points between SC95, S96 to S99 following the alignment of a concrete wall;

From the previous point S99 in a North Westerly direction to point S100 (1 015 108.109mE and 974 635.790mN) – the line following the alignment of the external wall of a concrete building;

From the previous point S100 in a South Westerly direction to point S101 (1 015 106.291mE and 974 628.576mN) – the line following the alignment of the external wall of the said concrete building;

From the previous point S101 in a North Westerly direction to point S102 (1 015 086.073mE and 974 656.811mN); from the previous point S102 in a North Westerly direction to point S103 (1 015 063.673mE and 974 667.674mN); from the previous point S103 in a Westerly direction to point S104 (1 015 046.999mE and 974 671.589mN) – the points between S101 to S104 following the alignment of a concrete wall;

From the previous point S104 in a Westerly direction to point S105 (1 015 042.976mE and 974 672.790mN); from the previous point S105 in a North Westerly direction to point S106 (1 014 667.129mE and 974 865.917mN); then to point S107 (1 014 591.926mE and 974 902.007mN); then to point S108 (1 014 543.189mE and 974 923.838mN); from the previous point S108 in a Westerly direction to point S109 (1 014 531.347mE and 974 926.234mN); then to point S110 ( 014 518.723mE and 974 927.82mN) from the previous point S110 in a North Westerly direction to point S111 (1 014 500.924mE and 974 951.957mN); from the previous point S111 in a North Easterly direction to point S112 (1 014 508.778mE and 974 963.714mN); from the previous point S112 in a North Westerly direction to point S113 (1 014 481.407mE and 974 984.709mN); then to point S114 (1 014 454,705mE and 975 003.660mN); then to point S115 (1 014 443.077mE and 975 013.137mN); then to point S116 (1 014 430 465mE and 975 025.953mN); then to point S117 (1 014 327 714mE and 975 177.144mN);

From the previous point S117 in a North Easterly direction to point S118 (1 014 368.555mE and 975 257.102mN); from the previous point S118 in a South Easterly direction to point S119 (1 014 565 255mE and 975 155.673mN); from the previous point S119 in North Easterly direction to point S120 (1 014 645.586mE and 975 201 266mN); then to point S121 (1 014 670.470mE and 975 237 897mN); then to point S122 (1 014 676.355mE and 975 246 615mN); from the previous point S122 in a South Easterly direction to point S123 (1 014 884.191mE and 975 130.110mN); then to point S124 (1 017 187.362mE and 973 950.691mN); then to point S125 (1 017 441.586mE and 973 820.831 mN); then to point S126 (1 017 766.467mE and 973 652.790mN); from the previous point S126 in a South Easterly direction to point S127 (1 017 902 805mE and 973 432.156mN); then to point S128 (1 017 906 671mE and 973 416.754mN); from the previous point S128 in a South Easterly direction to point S129 (1 017 940.480mE and 973 399 322mN); from the previous point S129 in a South Westerly direction to point S130 (1 017 926.849mE and 973 370.717mN); from the previous point S130 in a Westerly direction to point S131 (1 017 921.118mE and 973 370.001mN); from the previous point S131 in a North Westerly direction to point S132 (1 017 906.608mE and 973 375.872mN); from the previous point S132 in a South Westerly direction to point S133 (1 017 903.036mE and 973 367.887mN); from the previous point S133 in a Westerly direction to point S134 (1 017 709.462mE and 973 345.746mN); from the previous point S134 in a Westerly direction to point S135 (1017 309.828mE and 973 514.968mN); then to point S136 (1 017 229.992mE and 973 553.906mN); from the previous point S136 in a Southerly direction to point S137 (1 017 262.923mE and 973279.440mN); from the previous point S137 in a South Westerly direction to point S138 (1 017 253.271mE and 973 213.388mN); from the previous point S138 in a South Westerly direction to point S139 (1 017 212.007mE and 973 157.367mN); from the previous point S139 in a South Westerly direction to point S140 (1 017 152.556mE and 973 124. 169mN); from the previous point S140 in a Westerly direction to point S141 (1 016 820.710mE and 973 042.660mN); from the previous point S141 in a North Westerly direction to point S142 (1 016 761.850mE and 973 275.779mN); from the previous point S142 in a North Westerly direction to point S143 (1 016 450.594mE and 973 421.000mN); then to point S144 (1 016 287.260mE and 973 499.498mN); then to point S145 (1 016 086.031mE and 973 609.789mN); from the previous point S145 in a North Westerly direction to point S146 (1 015 831.816mE and 973 675.787mN); from the previous point S146 in a Westerly direction to point S147 (1 015 777.558mE and 973 671.268mN); then to point S148 (1 015 733.292mE and 973 679.644mN); from the previous point S148 in a North Westerly direction to point S149 (1 015 669.424mE and 973 717.942mN); from the previous point S149 in a Westerly direction to point S150 (1 015 418.438mE and 973 783.022mN) – the points between S104 to S150 following the alignment of a wire fence supported by concrete poles;

From the previous point S150 in a North Westerly direction to point S151 (1 015 406.896mE and 973 791.294mN) – the line following the alignment of a wire fence, supported by concrete poles, intersected by a gate (F Gate);

From the previous point S151 in a North Easterly direction to point S152 (1 015 482.705mE and 973 953.162mN) – this line follows the alignment of a wire fence, supported by concrete poles;

From the previous point S152 in a North Easterly direction to point S153 (1 015 484.584mE and 973 957.624mN) – this line crosses a concrete building;

From the previous point S153 in a North Easterly direction to point S154 (1 015 510.317mE and 973 993.870mN) – this line following the alignment of a wire fence supported by concrete poles;

From the previous point S154 in a North Westerly direction to lint S155 (1 015 505.226mE and 973 996.428mN) – this line following a wire fence supported by concrete poles, intersected by a gate (Police Gate); then to point S156 (1 015 499.641mE and 973 999.277mN) – this line following the external alignment of a concrete ramp;

From the previous point S156 in a North Easterly direction to point S157 (1 015 512.149mE and 974 023.894mN) – this line following the external alignment of the said concrete ramp;

From the previous point S157 in a Northerly direction to point S158 (1 015 520.138mE and 974 043.855mN) – this line follows the external alignment of a concrete building at basement level;

From the previous point S158 in a North Westerly direction to point S159 (1 015 510.372mE and 974 066.064mN); then to point S160 (1 015 493.384mE and 974 074.710mN) – the points between S158 to S160 following the alignment of the external wall of the said concrete building at basement level;

From the previous point S160 in a North Easterly direction to point S161 (1 015 496.557mE and 974 080.944mN); from the previous point S161 in a North Westerly direction to point S162 (1 015 466.403mE and 974 096.291mE); from the previous point S162 in a North Westerly direction to point S163 (1015 465.910mE and 974 095.324mN); from the previous point S163 in a North Westerly direction to point S164 (1 015 436.104mE and 974,110.494mN) – from the previous point S164 in a South Westerly direction to point S165 (1 015 434.756mE and 974 107.847mN); from the previous point S165 in a Westerly direction to point S166 ( 015 429.376mE and 974 106.014mN); from the previous point S166 in a North Westerly direction to point S167 (1 015 412.884mE and 974 114.408mN); from the previous point S167 in a South Westertly direction to point S168 (1 015 412.671mE and 974 113.989mN);

From the previous point S168 in a North Westerly direction to point S169 (1015 395.631mE and 974 122.661mN); from the previous point S169 in a South Westerly direction to point S170 (1 015 395.427mE and 974 122.260mN) – the points between S160 to S170 following the alignment of the external wall of the said "New Terminal Building" at basement level (welcomer's area);

From the previous point S170 in a North Westerly direction to point S171 (1 015 392.000mE and 974 124.004mN) – this line follows partly the alignment of the external wall of the said "New Terminal Building" at basement level (welcomer's area) and partly the internal wall of a concrete staircase;

From the previous point S171 in a South Westerly direction to point S172 (1 015 391.686mE and 974 123.384mN); from the previous point S172 in a North Westerly direction to point S173 (1 015 387.274mE and 974 125.615mN) – the points between S171 to S173 following the internal wall of the said concrete staircase;

From the previous point S173 in a North Easterly direction to the starting point S1 at first floor level – the line following partly the internal wall of the said concrete staircase,

but excluding –

(i) the first floor level of the 2 storey concrete building, being the administrative block of Air Mauritius and having an extent of 911 square metres (911.00M2) and is bounded within the coordinates as follows –

By a line running from point C212 (1 015 114.564mE and 974 274.537mN) in a South Easterly direction to point C211 (1 015 124.075mE and 974 269.634mN); this line follows the alignment of the internal wall of a 2 storey concrete building at first floor level (Air Mauritius Flight Operation Administrative Block); from the previous point C211 in a South Westerly direction to point SC60 (1 015 115.286mE and 974 252.583mN); then to point SC61 (1 015 113.706mE and 974 249.519mN); from the previous point SC61 in a North Westerly direction to point SC62 (1 015 112.525mE and 974 250.127mN); from the previous point SC62 in a South Westerly direction to point SC63 (1 015 107.584mE and 974 240.541mN); from the previous point SC63 in a North Westerly direction to point SC64 (1 015 052.430mE and 974 268.970mN) – the points between C211 to SC64 following the alignment of the said external wall of the 2 storey concrete building at first floor level (Air Mauritius Flight Operation Administrative Block);

From the previous point SC64 in a North Easterly direction to point SC65 (1 015 055.866mE and 974 275.637mN); then to point C214 (1 015 057.371mE and 974 278.556mN); this line follows the alignment of the internal wall of a concrete staircase and partly the alignment of the external wall of the said 2 storey concrete building at first floor level (Air Mauritius Flight Operation Administrative Block); from the previous point C214 in a South Easterly direction to point C213 (1 015 104.196mE and 974 254.422mN); finally, from the previous point C213 in a North Easterly direction to the starting point C212 – the points between C214 to C212 following the alignment of the internal wall of the said 2 storey concrete building at first floor level (Air Mauritius Flight Operation – Administrative Block);

(ii) Part of the first floor level of the "New Terminal Building" being the departure hall, having an extent of 2462 square metres (2,462.00m2), and is bounded within the coordinates as follows –

By a line running from point S1 (1 015 392.963mE and 974 136.588mN) in South Easterly direction to point S210 (1 015 462.376mE and 974 101.281 mN); this line follows the alignment of the external wall of the said "New Terminal Building" at first floor level (Departure Hall).

From the previous point S210 in a North Westerly direction to point S209 (1 015 470.178mE and 974 116.610mN); from the previous point S209 in a South Easterly direction to point S208 (1 015 470.383mE and 974 116.506mN); from the previous point S208 in a North Easterly direction to point S207 (1 015 474.011 mE and 974 123.536mN); from the previous point S207 in a South Easterly direction to point S206 (1 015 479.204mE and 974120.892mN); from the previous point S206 in a South Westerly direction to point S205 (1 015 478.388mE and 974 119.288mN); from the previous point S205 in a South Easterly direction to point S204 (1 015 483.559mE and 974 116.656mN); from the previous point S204 in a South Westerly direction to point S203 (1 015 482.529mE and 974 114.633mN);

From the previous point S203 in a South Easterly direction to point S202 (1 015 491.816mE and 974 109.906mN); from the previous point S202 in a South Westerly direction to point S201 (1 015 490.074mE and 974 106.484mN); from the previous point S201 in a South Easterly direction to point S200 (1 015 495.893mE and 974 103.522mN); from the previous point S200 in a North Easterly direction to point S199 (1 015 496.805mE and 974 105.313mN); from the previous point S199 in a South Easterly direction to point S198 (1 015 501.030mE and 974 103.163mN); from the previous point S198 in a South Westerly direction to point S197 (1 015 499.533mE and 974 100.222mN); from the previous point S197 in a South Easterly direction to point S196 (1 015 500.734mE and 974 199.611mN);

From the previous point S196 in a North Easterly direction to point S195 (1 015 502.947mE and 974 103.960mN); from the previous point S195 in a South Easterly direction to point S194(1 015 503.864mE and 974 103.493mN); from the previous point S194 in North Easterly direction to point S193 (1 015 505.094mE and 974 1188105.909mN); from the previous point S193 in a South Easterly direction to point S192 (1 015 509.701 mE and 974 103.563mN); from the previous point S192 in a South Westerly direction to point S191 (1 015 508.472mE and 974 101.148mN); from the previous point S191 in a South Easterly direction to point S190 (1 015 510.329mE and 974 102.203mN); from the previous point S190 in a North Easterly direction to point S189 (1 015 511.558mE and 974 102.619mN); from the previous point S189 in a South Easterly direction to point S188 (1 015 516.306mE and 974 100.202mN); from the previous point S188 in a South Westerly direction to point S187 (1 015 515.077mE and 974 097.787mN); from the previous point S187 in a South Easterly direction to point S186 (1 015 515.799mE and 974 097.419mN); from the previous point S186 in a South Westerly direction to point S185 (1 015 508.941mE and 974 083.697mN); from the previous point S185 in a North Westerly direction to point S184 (1 015 502.658mE and 974 086.895mN); from the previous point S184 in a South Westerly direction to point S183 (1 015 500.186mE and 974 082.038mN); the points between S210 to S183 following the alignment of the internal wall of the "New Terminal Building" at first floor level (Departure Hall);

From the previous point S183 in a South Easterly direction to point S182 (1 015 506.439mE and 974 078.855mN); from the previous point S182 in a South Westerly direction to point S181 (1 0151 505.626mE and 974 077.259mN); from the previous point S181 in a South Easterly direction to point S180 (1 015 514.275mE and 974 – 072.857mN); from the previous point S180 in a South Westerly direction to point S179 (1 015 514.187mE and 974 072.683mN) from the previous point S179 in a South Easterly direction to point S178 (1 015 517.859mE and 974 070.814mN); the points between S183 to S178 following the alignment of the external wall of a concrete building at first floor level;

From the previous point S178 in a South Westerly direction to joint S177 (1 015 517.510mE and 974 070.128mN) – this line following the alignment of the external wall of a concrete building;

From the previous point S177 in a South Westerly direction to point S176 (1 015 525.689mE and 974 057.339mN); from the previous point S176 in a Southerly direction to point S175 (1 015 526.190mE and 974 042.166mN); from the previous point S175 in a South Westerly direction to point S174 (1 015 517.754mE and 974 021.068mN); then to point S155 (1 015 505.226mE and 973 996.428mN) – the points between S177 to S155 following the alignment of a wire fence supported by concrete poles;

From the previous point S155 in a North Westerly direction to point S156 (1 015 499.641 mE and 973 999.277mN) – the line following the external alignment of a concrete ramp;.

From the previous point S156 in a North Easterly direction to point S157 (1 015 512.149mE and 974 023.894mN) – the line following the external alignment of the said concrete ramp;

From the previous point S157 in a Northerly direction to point S158 (1 015 520.138mE and 974 043.855mN); this line follows the external alignment of a concrete building at basement level;

From the previous point S158 in a North Westerly direction to point S159 (1 015 510.372mE and 974 066.064mN); then to point S160 (1 015 493.384mE and 974 074.710mN) – the points between S158 to S160 following the alignment of the external wall of the said concrete building at basement level;

From the previous point S160 in a North Easterly direction to point S161 (1 015 496.557mE and 974 080.944mN); from the previous point S161 in a North Westerly direction to point S162 (1 015 466.403mE and 974 096.291mE); from the previous point S162 in a North Westerly direction to point S163 (1 015 465.91 0mE and 974 095.324mN); from the previous point S163 in a North Westerly direction to point S164 (1015 436.104mE and 974 110.494mN); from the previous point S164 in a South Westerly direction to point S165 (1 015 434.756mE and 974 107.847mN); from the previous point S165 in a Westerly direction to point S166 (1 015 429.376mE and 974 106.014mN);

From the previous point S166 in a North Westerly direction to point S167 (1 015 412.884mE and 974 114.408mN); from the previous point S167 in a South Westerly direction to point S168 (1 015 412.671mE and 974 113.989mN); from the previous point S168 in a North Westerly direction to point S169 (1 015 395.631mE and 974 122.661mN); from the previous point S169 in a South Westerly direction to point S170 (1 015 395.427mE and 974 122.260mN); the points between S160 to S170 following the alignment of the external wall of the said "New Terminal Building" at basement level (welcomer's area);

From the previous point S170 in a North Westerly direction to point S171 (1 015 392.000mE and 974 124.004mN) – the line following partly the alignment of the external wall of the said "New Terminal Building" at basement level (welcomer's area) and partly the internal wall of a concrete staircase;

From the previous point S171 in a South Westerly direction to point S172 (1 015 391.686mE and 974 123.384mN); from the previous point S172 in a North Westerly direction to point S173 (1 015 387.274mE and 974 125.615mN) – the points between S171 to S173 follow the internal wall of the said concrete staircase;

From the previous point S173 in a North Easterly direction to the starting point S1 at first floor level – this line following partly the internal wall of the said concrete staircase.

_______________

SECOND SCHEDULE

[Regulation 2]

VULNERABLE POINTS

1. Area Control Centre, Plaisance to the extent of 26524.38m2 and bounded by a line running from Point A (20°26'12.22"8) (57°40'33.33"E) to Point B (20°26'10.89"8) (57°40'29.49"E) to Point C (20026'10.48"8) (57°40'29.60"E) to Point D (20°26'09.63"8) (57°40'26.28"E) to Point E (20°26'06.51"8) (57°40'27.14"E) to Point F (20°26'07.36"8) (57°40'30.47"E) to Point G (20°26'06.67"8) (57°40'30.67"E) to Point H (20°26'07.598) (57°40'34.64"E) and to Point A (20°26'12.22"8) (57°40'33.33"E).

2. DVOR/DME, Grand Bay to the extent of 9545.50m2 and bounded by a line running from Point A (20°00'52.03"8) (57°36'02.84"E) to Point B (20°00'54.86"8) (57°36'03.95"E) to Point C (20°00'54.95"8) (57°36'04.22"E) to Point D (20°00'53.87"8) (57°36' 07.17"E) to Point E (20°00'50.91"8) (57°36'05.97"E) and to Point A (20°00'52.03"8) (57°36'02.84"E).

3. DVOR/DME Ruisseau Copeaux, Plaisance to the extent of 10178.68m2 and bounded by a line running from Point A (20°25'12.90"8) (57°39'47.09"E) to Point B (20°25'12.60"8) (57°39'46.49"E) to Point C (20°25'11.44"8) (57°39'47.11"E) to Point D (20°25'09.96"8) (57°39'44.05"E) to Point E (20°25'12.71"8) (57°39'42.6\0"E) to Point F (20°25'12.95"8) (57°39'42.78"E) to Point G (20°25'14.30"8) (57°39'45.56"E) to Point H (20°25'13.17"8) (57°39'46.17"E) to Point I (20°25'13.47"8) (57°39'46.78"E) and to Point A (20°25'12.90"8) (57°39'47.09"E).

4. Fan Marker, Blue Bay to the extent of 261.97m2 and bounded, by a line running from Point A (20°26'35.91"8) (57°42'38.93"E) to Point B (20°26'36.39"8) (57°42'38.90"E) to Point C (20°26'36.51"8) (57°42'39.64"E) to Point D (20°26'36.31"8) (57°42'39.78"E) and to Point A (20°26'35.91"8) (57°42'38.93"E).

5. HF Farm, Plaisance to the extent of 38791.18m2 and bounded by a line running from Point A (20°26' 31.58"8) (57°40'31.89"E) to Point B (20°26' 27.41"8) (57°40'34.75"E) to Point C (20°26'31.83"8) (57°40'42.05"E) to Point D (20°26'36.08"8) (57°40'39.16"E) and to Point A (20°26'31.58"8) (57°40'31.89"E).

6. Non Directional Beacon, Flic en Flac to the extent of 5002.51m2 and bounded by a line running from Point A (20°16'53.30"5) (57022'19.86"E) to Point B (20016'53.18"S) (57°22'19.76"E) to Point C (20016'52.78"S) (57022'17.39"E) to Point D (20016'55.02"S) (57022'16.97"E) to Point E (20016'55.41"S) (57°22'19.34"E) and to Point A (20°16'53.30"S) (57°22'19.86"E).

_______________

THIRD SCHEDULE

[Regulations 11A, 12, 17A, 17B, 17C, 17D and 17E]

1. Security audits, tests, surveys and inspections

Fee
(Rs)
 

(1) Aircraft operator

   

(a) Security audit

100,000 yearly

(b) Security inspection

500 per man-hour

(2) Airport operator

   

(a) Security audit

100,000 yearly

(b) Security test

500 per man-hour

(c) Security survey

500 per man-hour

(d) Security inspection

500 per man-hour

(3) Air traffic services provider

   

(a) Security audit

100,000 yearly

(b) Security test

500 per man-hour

(c) Security survey

500 per man-hour

(d) Security inspection

500 per man-hour

(4) Regulated agent

   

(a) Security audit

100,000 yearly

(b) Security test

500 per man-hour

(c) Security survey

500 per man-hour

(d) Security inspection

500 per man-hour

2. Aviation security identification card

   

(1) Electronic card

500  

(2) Non-electronic card for staff

300  

(3) Temporary aviation security card

150  

(4) Duplicate electronic card

300  

(5) Duplicate non-electronic card

150  

(6) Vehicle pass

300  

(7) Duplicate vehicle pass

150  

3. Airline Security Programme

   

(1) Initial approval

500,000  

(2) Approval of amendment

500 per man-hour

4. Airport Security Programme

   

(1) Initial approval

800,000  

(2) Approval of amendment

500 per man-hour

5. Regulated Agent Security Programme

   

(1) Initial approval

500,000  

(2) Approval of amendment

500 per man-hour

6. Training programme for aviation security

   

(1) Initial approval

50,000  

(2) Approval of amendment

500 per man-hour

7. Screeners

   

(1) Initial authorisation

1,500  

(2) Renewal

1,500  

[Third Sch. added by reg. 10 of GN 18 of 2010 w.e.f. 1 February 2010.]

_______________

Civil Aviation (Sir Seewoosagur Ramgoolam International Airport Fees and Charges) Regulations 1999

[GN 42 of 1999 – 1 April 1999] [Section 11]

1. These regulations may be cited as the Civil Aviation (Sir Seewoosagur Ramgoolam International Airport Fees and Charges) Regulations 1999.

2. In these regulations –

"aeronautical meteorological service charge" means the aeronautical meteorological service charge leviable under regulation 5;

"airport" means the Sir Seewoosagur Ramgoolam International Airport;

"airport operator" means the Airports of Mauritius Co. Ltd.;

"approach and aerodrome charge" means the approach and aerodrome charge leviable under regulation 5;

"fuel through-put charge" means the charge leviable under regulation 4;

"landing fee" means the fee leviable under regulation 3;

"Mauritius Flight Information Region" means the airspace bounded by rhumb lines joining successively the following coordinates –

1000S 05530E, 1900S 05530E, 2220S 05700E, 4500S 05700E, 4500S 07500E, 0600S 07500E, 0600S 06000E, 1000S 06000E, and 1000S 05530E;

"parking fee" means the fee leviable under regulation 3;

"pilot" means the pilot in command of an aircraft;

"route air navigation charge" means the route air navigation charge leviable under regulation 5.

[Reg. 2 amended by reg. 3 of GN 12 of 2007 w.e.f. 1 February 2007; reg. 3 of GN 32 of 2012 w.e.f. 1 April 2012.]

3. (1) Subject to paragraphs (2) and (3), there shall be levied in respect of any aircraft landing at the airport a landing fee which shall be calculated in accordance with the First Schedule.

(2) No landing fee shall be levied in respect of –

(a) state aircraft not engaged on commercial flights;

(b) aircraft engaged on flights undertaken exclusively by Government;

(c) aircraft engaged on air or sea rescue flights; or

(d) test flights carried out before the departure of an aircraft where –

(i) the flights are undertaken solely for the purpose of testing the aircraft, its engines or any instrument of the aircraft;

(ii) before the flights are undertaken, the operator of the aircraft notifies the airport operator of the intended flights; and

(iii) the airport operator is satisfied of the genuineness and need for the flights.

(3) A landing fee may –

(a) in respect of flights regularly undertaken for the sole purpose of grading or testing flying personnel; and

(b) on application being made to the airport operator before each flight,

be payable at a special rate approved by the Minister.

(4) Subject to paragraph (5), there shall be levied in respect of any aircraft which is parked at the airport, a parking fee calculated in accordance with the Second Schedule.

(5) No parking fee shall be levied in respect of –

(a) state aircraft not engaged on commercial flights; and

(b) where space is not, in the opinion of the airport operator, required for other aircraft expected to arrive, aircraft engaged on flights undertaken exclusively for Government and aircraft on air or sea rescue flights.

(6) Subject to paragraph (7), any landing or parking fee shall be paid by the pilot on demand before the aircraft leaves the airport.

(7) Where the airport operator is of the opinion that satisfactory arrangements have been made for the payment of landing and parking fees by a person other than the pilot, it may authorise the payment of those fees in accordance with the arrangements so made.

4. (1) There shall be levied, at the airport, a fuel through-put charge at the rate specified in the Third Schedule.

(2) Any fuel through-put charge shall be paid by the fuel concessionaire supplying the fuel at the airport.

5. (1) Subject to paragraph (2), there shall be levied –

(a) in respect of every flight of an aircraft overflying the Mauritius Flight Information Region, a route air navigation charge and an aeronautical meteorological service charge which shall be calculated in accordance with the formulae set out in the Fourth Schedule;

(b) in respect of every aircraft departing from and landing at the airport, a route air navigation charge, an aeronautical meteorological service charge and an approach and aerodrome charge, which shall be calculated in accordance with the formulae set out in the Fourth Schedule.

(2) No route air navigation charge, aeronautical meteorological service charge or approach and aerodrome charge shall be levied in respect of –

(a) state aircraft not engaged on commercial flights;

(b) aircraft engaged on flights undertaken exclusively by Government;

(c) aircraft engaged on air or sea rescue flights;

(d) aircraft engaged on domestic flights; or

(e) aircraft compelled on account of an emergency to change their route.

[Reg. 5 amended by reg. 4 of GN 12 of 2007 w.e.f. 1 February 2007.]

6.

[Reg. 6 revoked by reg 4(a) of GN 32 of 2012 w.e.f. 1 April 2012.]

7.

[Reg. 7 amended by reg. 3 of GN 52 of 2001 w.e.f. 1 June 2001; revoked by reg. 4(a) of GN 32 of 2012 w.e.f. 1 April 2012.]

8. (1) Subject to paragraph (2), the fees and charges prescribed in these regulations shall be payable to the airport operator.

(2) The route air navigation charge specified in regulation 5 shall be paid to the Director of Civil Aviation and shall be recoverable as a small State debt under the State Debts Act.

9. The airport operator may detain any aircraft if it is satisfied that any landing fee or parking fee in respect of the aircraft has not been paid in accordance with regulation 3 or that no satisfactory arrangements for the payment of the landing fee or parking fee have been made.

10. - 11.

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FIRST SCHEDULE

[Regulation 3(1)]

LANDING FEE

(1) Subject to paragraphs (2) and (3), the landing fee payable for any aircraft shall be assessed on the basis of the maximum permissible weight authorised by its certificate of airworthiness at the following rate –

 

(Rs)

For each 500 kgs of the first 50,000 kgs

35

For each 500 kgs of the next 50,000 kgs

39

For each 500 kgs of the next 50,000 kgs

42

For each 500 kgs of the next 50,000 kgs

46

For each 500 kgs or fraction thereof of the remainder

50

(2) A surcharge of 25 per cent on the rate mentioned in paragraph (1) shall be levied where the landing or take off of an aircraft occurs during the period 15 00 hours to 02 00 hours UTC.

(3) Where in relation to the payment of the landing fee leviable in respect of an aircraft, the aircraft operator is satisfied that it is not expedient to determine the fee on the basis of its maximum permissible weight, the fee shall be assessed on the basis of such weight as the airport operator may determine.

_______________

SECOND SCHEDULE

[Regulation 3(4)]

PARKING FEE

(1) Subject to paragraph (2), the fee for the parking of an aircraft for each period of 24 hours or any fraction thereof shall be 36 cents per square metre of space occupied by the product of the span of the aircraft and its maximum length.

(2) No fee shall be levied for the first 6 hour of continuous parking.

_______________

THIRD SCHEDULE

[Regulation 4]

FUEL THROUGH-PUT CHARGE

The fuel through-put charge shall be 30 cents per litre of fuel uplifted.

_______________

FOURTH SCHEDULE

[Regulation 5]

FORMULAE FOR CALCULATION OF CHARGES

1. Route air navigation charge (RANC) for arrivals and departures

For all aircraft departing from or landing within the Mauritius Flight Information Region –

Where –

K1 = 8.07 rupees

D = Distance expressed in nautical miles (nm), where D > 150 nm

If D is less than 150 nm, (D-150) = 0

W = Maximum take-off weight of the aircraft expressed in metric tonnes

2. Route air navigation charge (RANC) for aircraft overflying the Mauritius Flight Information Region

For all aircraft overflying the Mauritius Flight Information

Region –

Where –

K1 = 8.07 rupees

D = Distance expressed in nautical miles

W = Maximum take-off weight of the aircraft, expressed in metric tonnes

3. Aeronautical meteorological services charge (AMSC)

For all aircraft flying within or through the Mauritius Flight Information Region –

Where –

K3 = 0.76 rupees

D = Distance expressed in nautical miles

W = Maximum take-off weight of the aircraft, expressed in metric tonnes

4. Approach and aerodrome charge (AAC)

For all aircraft landing at SSR International Airport

AAC = K2 × W0.9

Where –

K2 = 98.47 rupees

W0.9

= Maximum take-off weight of the aircraft raised to the power 0.9

[Fourth Sch. amended by reg. 3 of GN 113 of 2003 w.e.f. 1 July 2003; revoked and replaced by reg. 5 of GN 12 of 2007 w.e.f. 1 February 2007.]

_______________

FIFTH SCHEDULE

[Regulation 6]

[Fifth Sch. revoked by reg. 4(b) GN 32 of 2012 w.e.f. 1 April 2012.]

_______________

SIXTH SCHEDULE

[Regulation 7]

[Sixth Sch. revoked by reg. 4(b) GN 32 of 2012 w.e.f. 1 April 2012.]

_______________

Civil Aviation (Terminal Expansion Fee) Regulations 2010

[GN 13 of 2010 – 1 November 2010] [Sections 8C and 11]

1. These regulations may be cited as the Civil Aviation (Terminal Expansion Fee) Regulations 2010.

2. In these regulations –

"airline" means an airline which operates to, through or in Mauritius, by itself or through its local agent;

"airport operator" means Airports of Mauritius Co. Ltd;

"passenger" means a person leaving Mauritius by air;

"terminal expansion fee" means the fee referred to in section 8C of the Act.

3. (1) Subject to paragraphs (2) and (3) and regulation 5(2), an airline or its agent shall, in respect of every passenger specified in the first column of Part A of the Schedule, pay to the airport operator the applicable terminal expansion fee specified in the second, third or fourth column of Part A of the Schedule.

(2) No terminal expansion fee shall be levied in respect of the categories of passengers specified in Part B of the Schedule.

(3) The terminal expansion fee shall be adjusted on 1 April of every year on the basis of the Mauritian inflation rate for the preceding year as published by Statistics Mauritius.

[Reg. 3 amended by reg. 3 of GN 83 of 2010 w.e.f. 28 March 2010; reg. 3 of GN 205 of 2010 w.e.f. 30 October 2010.]

4. An airline or its agent which pays the terminal expansion fee may recover the fee from every passenger in respect of whom it is payable –

(a) at the time of the issue to any passenger of his travel ticket;

(b) on the confirmation or reconfirmation of a reservation already held by any passenger; or

(c) at any time before the passenger leaves Mauritius.

5. (1) The airport operator shall claim the terminal expansion fee from the airline or its agent periodically on the basis of the number of persons departing by each air flight and the airline or its agent shall, on the presentation of such claim, pay to the airport operator, subject to paragraph (2), the amount claimed.

(2) The airport operator shall remit the terminal expansion fee to the company registered under the name of Airport Terminal Operations Ltd, in such manner as shall be agreed between them or, in the absence of agreement, as the Minister may direct.

6.

[Reg. 6 revoked and replaced by reg. 4 of GN 83 of 2010 w.e.f. 28 March 2010.]

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SCHEDULE

[Regulation 3]

TERMINAL EXPANSION FEE

PART A

Passengers On long haul journey On short haul journey (on regional route)* In transit**
  Euro Euro Euro

All passengers

11.0

3.10

3.10

Children aged 2 to 12 years

6.0

1.60

1.60

*from Mauritius to Reunion, Madagascar, Seychelles, Comores, Kenya and South Africa

**Passengers holding onward reservations on the same aircraft or interlining at the airport

PART B

1. Children who have not reached their second birthday.

2. Heads of State and their families; Ministers of foreign Governments and their families; Ambassadors or Commonwealth representatives and their families; Consuls other than Honorary Consuls and their families; Officials, experts and fellows from the United Nations, specialised agencies or serving under bilateral agreements or technical assistance, and their families; Diplomatic agents and all holders of diplomatic passports, including their wives and dependents.

3. Naval, military or airforce personnel stationed in or on official mission to Mauritius, including their wives and dependents.

4. Bona fide aircrew members, supernumerary aircrew members travelling as passengers, bona fide aircrew members and passengers travelling by aircraft not operating for hire or reward.

[Sch. amended by reg. 6 of GN 83 of 2010 w.e.f. 28 March 2010.]

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Civil Aviation Regulations 2007

[GN 133 of 2007 – 24 September 2007] [Section 11]

PART I – PRELIMINARY

1. Short title

These regulations may be cited as the Civil Aviation Regulations 2007.

2. Interpretation

(1) In these regulations –

"A Conditions" means the conditions specified in Part I of the First Schedule;

"accident" means an occurrence associated with the operation of an aircraft which takes place between the time a person boards the aircraft with the intention of flight until such time as the person has disembarked, and as a result of which –

(a) a person is fatally or seriously injured as a result of being in or on the aircraft or by direct contact with the aircraft or anything attached thereto, except where the injury is –

(i) from natural causes;

(ii) self-inflicted or inflicted by other persons; or

(iii) due to hiding, as a stowaway, outside the area normally available to the passengers and crew;

(b) the aircraft incurs damage or structural failure which adversely affects the structure, strength, performance or flight characteristics of the aircraft and which would normally require major repair or replacement of the affected component;

(c) the safety of the operation may be affected; or

(d) the aircraft is completely inaccessible or is missing, that is to say, the official search for it has been terminated and its wreckage has not been located;

"Act" means the Civil Aviation Act;

"advisory airspace" includes advisory area and advisory route;

"advisory area" means a designated area within a flight information region where air traffic advisory service is available;

"advisory route" means a route within a flight information region along which air traffic advisory service is available;

"aerial work" means any purpose, other than public transport, for which an aircraft is flown and where hire or reward is given or promised in respect of the flight or the purpose of the flight;

"aerial work aircraft" means an aircraft, other than a public transport aircraft, flying, or intended by the operator to fly, for the purpose of aerial work;

"aerobatic manoeuvres" means manoeuvres intentionally performed by an aircraft involving an abrupt change in its altitude, flying at an abnormal altitude, or an abnormal variation in speed;

"aerodrome control service" means air traffic control service for aerodrome traffic;

"aerodrome control tower" means a unit established to provide air traffic control service to aerodrome traffic;

"aerodrome operating minima", in relation to the operation of an aircraft at an aerodrome, means the cloud ceiling and runway visual range for take-off, and the decision height, runway visual range and visual reference for landing, specified by the operator in, or ascertainable by reference to, the operations manual as being the minimum for the operation of that aircraft at that aerodrome;

"aerodrome traffic", in relation to an aircraft which is in, entering or leaving, an aerodrome traffic zone, means air traffic on the manoeuvring area, or flying in the vicinity, of an aerodrome;

"aerodrome traffic zone" means an airspace extending from the surface to a height of 2,000 feet above the level of an aerodrome and within a distance of one and a half nautical miles of its boundaries;

"aeronautical beacon" means an aeronautical ground light which is visible at all azimuth, either continuously or intermittently, to designate a particular point on the surface of the earth;

"aeronautical ground light" means any light specifically provided as an aid to air navigation, other than a light displayed on an aircraft;

"Aeronautical Information Publication" ("AIP") means a publication issued by or with the authority of a State and containing aeronautical information of a lasting character essential to air navigation;

"aeronautical mobile radio service" means a radio service between aircraft radio stations and land stations or 2 or more aircraft radio stations;

"aeronautical station"–

(a) means a land station in the aeronautical mobile radio service; and

(b) includes a station placed on board a ship or an earth satellite;

"aeroplane" means a power driven, heavier than air, aircraft deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under a given condition of flight;

"aeroplane flight manual" means a manual, associated with a certificate of airworthiness, containing limitations within which the aeroplane is to be considered airworthy, and instructions and information necessary to the flight crew members for the safe operation of the aeroplane;

"AIC" means an Aeronautical Information Circular issued by the Authority;

"aircraft maintenance organisation" means any organisation engaged, or intending to engage, in any stage of the design, manufacture, distribution or maintenance of aircraft, aircraft components or aircraft materials, or in training activities associated therewith;

"aircraft station" means a radio station located in an aircraft;

"airline" means an air transport undertaking offering or operating scheduled air transport operations;

"air operator certificate" means a certificate authorising an operator to carry out specified commercial air transport operations;

"Airport Facilitation Programme" means the Airport Facilitation Programme referred to in regulation 136A;

"air route" means the navigable airspace between 2 points and the terrain beneath the airspace, identified to the extent necessary for the application of flight rules;

"airship" means a power driven, lighter than air, aircraft;

"air traffic" means all aircraft in flight or operating on the manoeuvring area of any aerodrome;

"air traffic advisory service" means a service provided within advisory airspace to ensure separation, insofar as is possible, between aircraft which are operating on IFR flight plans;

"air traffic control clearance" means the authorisation given to an aircraft to proceed under conditions specified by an air traffic control unit;

"air traffic control service" means a service provided for the purpose of –

(a) preventing collisions between aircraft, and between an aircraft and any obstruction on the manoeuvring area; and

(b) expediting and maintaining an orderly flow of air traffic;

"air traffic control unit" means an area control centre, an approach control office or an aerodrome control tower;

"air traffic service" means flight information service, alerting service, air traffic advisory service or air traffic control service, area control service, approach control service or aerodrome control service;

"air traffic services reporting office" means an office established for the purpose of receiving reports concerning air traffic services and flight plans submitted before departure;

"air traffic services unit" means an air traffic control unit, a flight information centre or an air traffic services reporting office;

"air transport undertaking" means an undertaking whose business includes the carriage by air of passengers or cargo for hire or reward;

"airway" means a control area in the form of a corridor equipped with radio navigational aids;

"alerting service" means a service provided to notify organisations regarding an aircraft in need of search and rescue, and to assist any organisation where required;

"alternate aerodrome" means an aerodrome specified in the flight plan to which a flight may proceed when it becomes inadvisable to land at the aerodrome of intended landing;

"altitude" means the vertical distance of a level, a point or an object considered as a point, and measured from mean sea level;

"anti-collision light" means a flashing red light showing in all directions for the purpose of enabling the aircraft to be more readily detected by the pilot of a distant aircraft;

"approach control office" means an office established to provide air traffic control service to IFR flights arriving at, or departing from, any aerodrome;

"approach control service" means the air traffic control service for arriving or departing IFR flights;

"approach to landing" means that portion of the flight of an aircraft in which it is descending below a height of 1,000 feet above the decision height of the relevant minimum for landing;

"appropriate aeronautical radio station", in relation to an aircraft, means an aeronautical radio station serving the area in which the aircraft is for the time being;

"appropriate air traffic control unit", in relation to an aircraft, means the air traffic control unit notified as serving the area in which the aircraft is for the time being or intends to enter and with which the aircraft is required to communicate before entering that area;

"appropriate licence" means a licence which entitles the holder to perform the functions which he undertakes in relation to the aircraft concerned and the flight on which he is engaged;

"apron" means the part of an aerodrome provided for the stationing of aircraft for the embarkation and disembarkation of passengers or loading and unloading of cargo and for parking;

"area control service" means air traffic control service for flights in a control area;

"area navigation equipment" means equipment, carried on board an aircraft, which enables the aircraft to navigate on any desired flight path within the coverage of appropriate ground based navigation aids or within the limits of that on-board equipment or a combination of both;

"authorised" means authorised by the Authority;

"authorised person" means a person designated by the Minister to exercise any of the functions and powers conferred on the Authority;

"Authority" means the Director of Civil Aviation or such authority as may be specified in any enactment as being responsible for promoting the safety of civil aviation;

"aviation fuel" means fuel intended for use in an aircraft;

"aviation fuel installation" means any apparatus or container, including a vehicle, designed, manufactured or adapted for the storage of aviation fuel or the delivery of such fuel to an aircraft;

"B Conditions" means the conditions specified in Part II of the First Schedule;

"baggage" means the personal property of passengers or crew carried on an aircraft by agreement with the operator;

"break-in area", in relation to an aircraft, means an area which may, for the purpose of rescue in an emergency, be most readily and effectively broken into by persons outside the aircraft;

"cabin crew", in relation to an aircraft, means those persons on board a flight for the purpose of public transport carried for the purpose of performing, in the interests of the safety of passengers, duties assigned by the operator or commander of the aircraft, but who shall not act as a member of the flight crew;

"captive balloon" means a balloon which, when in flight, is attached by a restraining device to the surface;

"captive flight" means flight by an uncontrollable balloon during which it is attached to the surface by a restraining device;

"cargo" –

(a) means an animal or property carried on an aircraft; but

(b) does not include mail, stores or baggage;

"certificate of airworthiness" means a certificate issued under regulation 14(5) or the law of another State, together with any validation, flight manual, performance schedule or other document incorporated by reference of the certificate;

"certificate of competence" means a certificate granted to a licence holder, certifying his proficiency in respect to certain privileges, duties, or functions associated with the licence;

"certificate of maintenance review" means a certificate issued under regulation 17;

"certificate of release to service" means a certificate issued under regulation 19;

"certificate of validation" means a certificate issued under regulation 13, 14(7), 20(5) or 36;

"certificate of validity" means a certificate issued under regulation 16(5)(d);

"certificated for single pilot operation" means an aircraft which is not required to carry more than one pilot by virtue of –

(a) the certificate of airworthiness issued or rendered valid under the law of the State in which the aircraft is registered;

(b) if no certificate of airworthiness is required to be in force, the certificate of airworthiness, if any, last in force in respect of the aircraft;

(c) if no certificate of airworthiness is, or has previously been, in force but the aircraft is identical in design with an aircraft in respect of which such a certificate is, or has been, in force, the certificate of airworthiness which is, or has been, in force in respect of such an identical aircraft; or

(d) in the case of an aircraft flying in accordance with the conditions of a permit to fly issued by the Authority, that permit to fly;

"Class A airspace", "Class B airspace", "Class C airspace", "Class D airspace" and "Class E airspace" mean the airspace respectively notified by the Authority as such in the Aeronautical Information Publication;

"class rating" means a rating that –

(a) does not specify any particular make or model of aircraft; but

(b) specifies a class of aircraft such as single engine, microlight or self launching motor glider;

"cloud ceiling" means the height above the ground of the base of the lowest layer of any cloud visible from the aerodrome, which is sufficient to obscure more than one-half of the sky so visible;

"commander", in relation to an aircraft, means –

(a) the member of the flight crew designated as commander of that aircraft by the operator; or

(b) where no person has been designated under paragraph (a), the pilot in command;

"competent authority" means, in relation to –

(a) Mauritius, the Authority;

(b) any other State, the authority responsible under the law of that State for promoting the safety of civil aviation;

"congested area", in relation to a city, town or settlement, means any area which is substantially used for residential, industrial, commercial or recreational purposes;

"Contracting State" means a State, other than Mauritius, which is a party to the Convention;

"control area" means an airspace which has been notified as such by the Authority and extends upwards from a notified altitude;

"controllable balloon" means a balloon, not being a balloon exceeding 2 metres in any linear dimension, which is capable of free controlled flight;

"controlled airspace" means a control area and a control zone;

"control zone" means an airspace which has been notified as such by the Authority and extends upwards from the surface;

"co-pilot" means a pilot who, in performing his duties as such, is subject to the direction of another pilot in an aircraft;

"crew" means every person employed or engaged in an aircraft in flight on the business of the aircraft;

"cross country flight" means any flight during the course of which the aircraft is more than 3 nautical miles from the aerodrome of departure;

"cruising level" means a level maintained during a significant portion of a flight;

"dangerous light" means any light which may endanger the safety of an aircraft by reason of glare or confusion with, or prevention of, clear visual reception of signals, aeronautical ground lights or beacons;

"day" means –

(a) in relation to length of time, a continuous period of 24 hours beginning immediately after midnight UTC;

(b) in relation to day and night, the time from half an hour before sunrise until half an hour after sunset, both times exclusive, sunset and sunrise being determined at surface level;

"decision height" means the height at which a missed approach shall be initiated if the required visual reference to continue the approach to land has not been established;

"drop" includes project or lower;

"elevation" means the vertical distance of a fixed point above mean sea level;

"emergency distance available" means the distance from the point on the surface of the aerodrome at which an aeroplane may commence its take-off to the nearest point in the direction of take-off at which the aeroplane may not roll over the surface of the aerodrome and be brought to rest, in an emergency, without risk of accident;

"FAR" means the Federal Aviation Regulations;

"final approach fix" means a fix determined by means of radio navigational aids indicating the beginning of the final approach segment;

"final approach segment" means the segment of an instrument approach procedure in which alignment and descent for landing are accomplished;

"flight crew", in relation to an aircraft, means those members of the crew of the aircraft who undertake to act as pilot, navigator, engineer or radio operator;

"flight information centre" means a centre established to provide flight information service and alerting service;

"flight information region" means airspace of defined dimensions within which flight information service and alerting service are provided;

"flight information service" means a service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights;

"flight level" means a surface of constant atmospheric pressure which is related to a specific pressure datum and separated from such other surface by specific pressure intervals;

"flight plan" means specified information provided to an air traffic services unit relative to the intended flight of an aircraft;

"flight recorder" means a flight data recorder or a cockpit voice recorder;

"flight simulator" means an apparatus by means of which flight conditions in an aircraft are simulated on the ground;

"flight visibility" means the visibility forward from the flight deck of an aircraft in flight;

"flying display" means any flying activity deliberately performed for the purpose of providing an exhibition or entertainment at an advertised event open to the public;

"flying machine" means a heavier than air, power driven, aircraft;

"free balloon" means a balloon which, when in flight, is not attached by any form of restraining device to the surface;

"free controlled flight" means flight during which a balloon is not attached to the surface by any form of restraining device, other than a tether, not exceeding 5 metres in length, which may be used as part of the take-off procedure, and during which the height of the balloon is controllable by means of a device attached to the balloon and operated by the commander of the balloon or by remote control;

"Government aerodrome" means an aerodrome in Mauritius which is managed and operated by the Government;

"ground visibility" means the horizontal visibility at an aerodrome at ground level;

"height" means the vertical distance of a level, fixed point, or an object considered as a point, measured from a specified datum;

"helicopter" means an aircraft, heavier than air, supported in flight mainly by the reactions of the air on one or more power driven rotors on substantially vertical axes;

"hPa" means hectoPascal;

"ICAO" means the International Civil Aviation Organisation;

"Instrument Flight Rules" or "IFR" means the Instrument Flight Rules set out in Part V of the Fifteenth Schedule;

"instrument meteorological conditions" means meteorological conditions expressed in terms of visibility, cloud ceiling and distance from cloud, which are less than the minima specified for visual meteorological conditions;

"international standard" means –

(a) an international standard or procedure adopted under Article 37 of the Convention; and

(b) includes any subsequent amendment thereof;

"JAR" means Joint Aviation Requirements;

"JAR-FCL" means Joint Aviation Requirements for Flight Crew Licensing issued by the Joint Aviation Authorities;

"Joint Aviation Authorities" means the associated body of the European Civil Aviation Conference;

"land", in relation to an aircraft –

(a) means the action under normal conditions of making contact with the ground; and

(b) includes alighting on water;

"land station" means a radio station located on the ground;

"landing area" means the part of a manoeuvring area primarily intended for landing or take-off of an aircraft;

"landing distance available" means the distance from the point on the surface of the aerodrome at which an aeroplane may commence its landing, having regard to –

(a) the obstructions in its approach path;

(b) the nearest point in the direction of landing at which the surface of the aerodrome is incapable of bearing the weight of the aeroplane under normal operating conditions; and

(c) any obstacle capable of affecting the safety of the aeroplane;

"licence" –

(a) means a licence issued under these regulations or under the law of another State; and

(b) includes any certificate of competence or certificate of validity issued with the licence or required to be held in connection with the licence;

"licence for public use" means the licence referred to in regulation 103(4);

"licensed aerodrome" means an aerodrome licensed under regulation 103;

"licensed aerodrome operator" means the operator of an aerodrome who is licensed under the Act;

"life jacket" includes a device designed to support a person in or on water;

"log book", in the case of an aircraft log book, an engine log book, a variable pitch propeller log book or a personal flying log book, includes a record kept in the book or by any other means approved by the Authority;

"main exit" means an exit in the side of an aircraft at floor level intended for the disembarkation of passengers in normal circumstances or in an emergency;

"manoeuvring area" –

(a) means the part of an aerodrome provided for the take-off, landing and surface movement of an aircraft associated with take-off and landing; but

(b) does not include the apron and any part of the aerodrome provided for the maintenance of aircraft;

"maximum total mass authorised", in relation to an aircraft, means the maximum total mass of the aircraft and its contents at which the aircraft may take off anywhere in the world, in the most favourable circumstances, in accordance with the certificate of airworthiness in force in respect of that aircraft;

"medical examiner" means a medical examiner registered under regulation 124A;

"microlight aeroplane" means an aeroplane, designed to carry not more than 2 persons, which has –

(a) a maximum total mass authorised not exceeding –

(i) 300 kilogrammes for a single seat landplane, or 390 kilogrammes for a single seat landplane in respect of which a Mauritian permit to fly or certificate of airworthiness was in force before 1 January 2003;

(ii) 450 kilogrammes for a two-seat landplane;

(iii) 330 kilogrammes for a single seat amphibian or floatplane; or

(iv) 495 kilogrammes for an amphibian or two-seat floatplane; and

(b) a wing loading at the maximum total mass authorised not exceeding 25 kilogrammes per square metre or a stalling speed at the maximum total mass authorised not exceeding 35 knots calibrated airspeed;

"minimum descent height", in relation to the operation of an aircraft at an aerodrome, means the height in a non-precision approach below which descent may not be made without the required visual reference;

"month" means a calendar month, starting immediately after midnight UTC on the last day of the previous calendar month and ending at midnight UTC on the last day of the current calendar month;

"movement area" means the part of an aerodrome used for take-off, landing and taxiing of aircraft, consisting of the manoeuvring area and the apron;

"National Air Transport Facilitation Programme" means the programme referred to in regulation 136A;

"night" means the time from half an hour after sunset until half an hour before sunrise, sunset and sunrise being determined at surface level;

"non-precision approach" means an instrument approach using non-visual aids for guidance in azimuth or elevation which is not a precision approach;

"North Atlantic Minimum Navigation Performance Specification airspace" means the airspace specified in paragraph 18(3) of the Seventh Schedule;

"notice to airmen" or "NOTAM" means a notice containing information concerning the establishment, condition or change in any aeronautical facility, service, procedure or hazard, the timely knowledge of which is essential to personnel concerned with flight operations;

"notified" means set out by the Authority in a document published by or under an arrangement entered into with the Authority and entitled '˜NOTAM' or '˜Mauritius AIP' or 'AIC' and for the time being in force;

"operator" means a person engaged in or offering to engage in an aircraft operation;

"parascending parachute" means a parachute which is towed by cable in such a manner as to cause it to ascend;

"passenger" means a person on board an aircraft other than a member of the crew;

"performance group" means the performance group of an aircraft specified in the certificate of airworthiness in force in relation to that aircraft;

"permit to fly" means a permit issued under regulation 16(1);

"pilot in command", in relation to an aircraft, means the person who is in charge of the piloting of the aircraft and is not under the direction of any other pilot in the aircraft;

"precision approach" means an instrument approach using Instrument Landing System, Microwave Landing System or Precision Approach Radar for guidance in both azimuth and elevation;

"pressurised aircraft" means an aircraft provided with means of maintaining, in any compartment, a pressure greater than that of the surrounding atmosphere;

"private flight" means a flight which is not for the purpose of aerial work or public transport;

"problematic use of substances" means the use of a psychoactive substance by aviation personnel in a way that –

(a) constitutes a direct hazard to the user or endangers the lives, health or welfare of others; or

(b) causes or worsens an occupational, social, mental or physical problem or disorder;

"proficiency check" has the meaning specified in –

(a) paragraph 1.001 of JAR-FCL 1, in respect of aeroplanes; and

(b) paragraph 2.001 in JAR-FCL 2, in respect of helicopters;

"prohibited area" means airspace of a defined dimension, above the land areas or territorial waters of Mauritius, within which the flight of an aircraft is prohibited;

"psychoactive substance" means alcohol, opioids, cannabinoids, sedatives, hypnotics, cocaine, other psychostimulants, hallucinogens, volatile solvents other than coffee and tobacco;

"public transport" means the carriage of persons or cargo effected by aircraft by an air transport undertaking for remuneration of any nature, or without remuneration;

"public transport aircraft" means aircraft flying, or intended by the operator to fly, for the purpose of public transport;

"qualified person" means a citizen of Mauritius or a body corporate registered in Mauritius under any enactment;

"rating" means an authorisation entered on a licence stating special conditions, privileges or limitations pertaining to the licence;

"reduced vertical separation minimum airspace" means airspace, between flight level 290 and flight level 410 inclusive, designated by the relevant competent authority as being airspace within which a vertical separation of minimum of 1,000 feet or 300 metres shall be applied;

"rendering valid" means the action taken by a Contracting State, as an alternative to issuing its own licence, in accepting a licence issued by any other Contracting State as the equivalent of its own licence;

"repair", in relation to a compass, includes adjusting and compensating the compass;

"reportable occurrence" means an occurrence specified in paragraph 14 of the Seventh Schedule;

"reporting point" means a geographical location in relation to which the position of an aircraft is to be reported;

"restricted area" means airspace of defined dimensions above the land areas or territorial waters of Mauritius within which the flight of aircraft is restricted in accordance with conditions published by the Authority;

"Rules of the air and air traffic control" means the rules specified in the Fifteenth Schedule;

"runway" means a defined rectangular area on an aerodrome prepared for the landing and take-off of an aircraft;

"runway visual range" means the maximum distance in the direction of take-off or landing, as the case may be, at which the runway surface markings or light delineating the runway or identifying its centre line can be seen from a point 5 metres above its centre line;

"scheduled journey" means one of a series of journeys undertaken by an aircraft for the purpose of public transport between the same 2 places and which together amount to a systematic service;

"self launching motor glider" or "SLMG" means an aircraft with the characteristics of a non-power-driven glider, fitted with one or more power units and designed or intended to take off under its own power;

"serious injury" means injury sustained by a person in an accident which –

(a) requires hospitalisation for more than 48 hours, commencing within 7 days from the date the injury was received;

(b) results in a fracture of bone other than a simple fracture of a finger, toe, or nose;

(c) involves lacerations which cause severe haemorrhage or nerve, muscle or tendon damage;

(d) involves injury to any internal organ; or

(e) involves second or third degree burns, or any burn affecting more than 5 per cent of the body surface;

"signal area" means a selected part of an aerodrome used for the display of ground signals so as to be visible to an aircraft in the air;

"skill test", in relation to –

(a) an aeroplane, has the same meaning as in paragraph 1.001 of JAR-FCL1;

(b) a helicopter, has the same meaning as in paragraph 2.001 of JAR-FCL2;

"solo flight" means a flight on which the pilot of an aircraft is not accompanied by another person holding a pilot's licence granted or rendered valid under these regulations;

"special VFR Flight" means a flight made in –

(a) Instrument Meteorological Conditions or at night in a control zone or in a control zone notified for the purpose of paragraph 6 of Part III of the Fifteenth Schedule; or

(b) any airspace in respect of which the appropriate air traffic control unit has given permission for the flight to be made in accordance with special instructions given by that unit instead of in accordance with the Instrument Flight Rules;

"State aircraft" means any aircraft of Mauritius or any other State registered as State aircraft;

"State of manufacture", in relation to an aircraft, means the State responsible for the certification of the airworthiness of the prototype of the aircraft;

"State of registry" means the State on whose register an aircraft is entered;

"State of the operator" means the State in which an operator has his principal place of business or, if there is no such place of business, his permanent residence;

"step down fix" means a fix determined by means of radio navigation aids in the final approach segment and established for identifying a point at which a controlling obstacle has been safely overflown;

"take-off distance available" means –

(a) the distance from the point on the surface of the aerodrome at which the aeroplane may commence its take-off run to the nearest obstacle, in the direction of take-off, projecting above the surface of the aerodrome and capable of affecting the safety of the aeroplane; or

(b) one and one half times the take-off run available, whichever is less;

"type certificate", in relation to an aircraft, engine or propeller, means a document issued by the manufacturer and approved by the appropriate authority of the State of manufacture or design certifying that the type design of the aircraft, engine or propeller complies with the certification basis to which the certificate refers;

"type rating" in relation to –

(a) an aeroplane, has the meaning specified in paragraph 1.215 of JAR-FCL 1;

(b) a helicopter, has the meaning specified in paragraph 2.215 of JAR-FCL 2;

"UTC" means coordinated universal time;

"VFR Flight" means a flight conducted in accordance with VFR;

"Visual Flight Rules" or "VFR" means the visual flight rules set out in Part IV of the Fifteenth Schedule;

"visual meteorological conditions" means meteorological conditions expressed in terms of visibility, cloud ceiling and distance from cloud equal to or better than the specified minima.

(2) For the purposes of these regulations, an aircraft shall be in flight in the case of –

(a) a piloted flying machine, from the moment when, after the embarkation of its crew for the purpose of taking off, it first moves under its own power until the moment when it next comes to rest after landing;

(b) a pilotless flying machine or a glider, from the moment when it first moves for the purpose of taking off until the moment when it next comes to rest after landing;

(c) an airship, from the moment when it first becomes detached from the surface until the moment when it next becomes attached thereto or comes to rest thereon;

(d) a free balloon, from the moment when the balloon, including the canopy and basket, becomes separated from the surface until the moment it next comes to rest thereon;

(e) a captive balloon, from the moment when the balloon, including the canopy and basket, becomes separated from the surface, apart from a restraining device attaching it to the surface, until the moment when it next comes to rest thereon;

(f) a helicopter, from the moment the helicopter's rotor blades start turning until the moment the helicopter finally comes to rest at the end of the flight and the rotor blades stop turning.

(3) (a) Subject to subparagraph (b), references in these regulations to the operator of an aircraft shall, for the purposes of the application of these regulations to a particular aircraft, be references to the person who, at the relevant time, has the management of that aircraft.

(b) Where, by virtue of any charter or other agreement for the hire or loan of an aircraft, a person, other than an air transport undertaking or an aerial work undertaking, has the management of that aircraft for a period not exceeding 14 days, Part IV shall apply as if the charter or other agreement had not been entered into.

[Reg. 2 amended by reg. 3 of GN 17 of 2010 w.e.f. 1 February 2010.]

3. Application of regulations

(1) Unless the context otherwise requires, these regulations shall extend to –

(a) Mauritius;

(b) every aircraft registered in Mauritius and persons on such aircraft; and

(c) every aircraft registered in a State other than Mauritius, whilst in or flying over Mauritius, and persons on such aircraft.

(2) These regulations, other than regulations 90 and 91, shall not apply to –

(a) a balloon which, at any stage of its flight, is not more than 2 metres in any linear dimension, including any basket or other equipment attached to the balloon;

(b) a kite weighing not more than 2 kilogrammes; and

(c) any other aircraft weighing not more than 7 kilogrammes without fuel.

[Reg. 3 amended by reg. 4 of GN 17 of 2010 w.e.f. 1 February 2010.]

4. Exemption from regulations

(1) The Authority may exempt any aircraft or person from these regulations other than the payment of the prescribed fee.

(2) Any person who wishes to obtain an exemption under paragraph (1) shall make an application to the Authority.

(3) Where the Authority grants or rejects the application, it shall so inform the applicant in writing.

[Reg. 4 amended by reg. 5 of GN 17 of 2010 w.e.f. 1 February 2010.]

5. Variation or replacement of licence or certificate

(1) The Authority may, on application made to it by the holder of a licence or certificate, vary the licence or certificate.

(2) Where it appears to the satisfaction of the Authority that any certificate or licence issued under these regulations has been lost, destroyed or defaced, or is in a state of delapidation, the Authority may, on payment of the prescribed fee, issue a duplicate certificate or licence with the word "Duplicate" written on it.

5A. Additional fee for functions performed abroad

Where, in relation to any function in respect of which a fee is prescribed in these regulations, the Authority considers it necessary for its employee, or any other person appointed to act on its behalf, to travel outside Mauritius, the person who is required to pay the fee shall, in addition –

(a) pay to the Authority –

(i) 1,500 rupees per man/hour for the duration of the travel, to and from Mauritius, of the employee or the person appointed to act on behalf of the Authority; and

(ii) such subsistence allowance as may be determined by the Authority in respect of that person; and

(b) provide a return air ticket for such person.

[Reg. 5A inserted by reg. 6 of GN 17 of 2010 w.e.f. 1 February 2010.]

5B. Other fees not specified

Where the Authority performs any function relating to an aerodrome, the airworthiness of an aircraft, the operations of an aircraft, the licensing of cabin crew or flight crew and no fee is specified in these regulations for that function, the Authority may, in relation to –

(a) an aerodrome, levy a fee of 1,000 rupees per man/hour;

(b) the airworthiness of an aircraft, the operations of an aircraft or the licensing of cabin crew or flight crew, levy a fee of 6,000 rupees per man/hour.

[Reg. 5B inserted by reg. 6 of GN 17 of 2010 w.e.f. 1 February 2010.]

PART II – REGISTRATION OF AIRCRAFT

6. Registration of aircraft

(1) No person shall, subject to paragraph (2), fly an aircraft in or over Mauritius unless it is registered in –

(a) Mauritius;

(b) a Contracting State; or

(c) a State in relation to which there is in force an agreement between the Government of Mauritius and the Government of that State whereby an aircraft registered in that State is authorised to fly in or over Mauritius.

(2) Paragraph (1) shall not apply to –

(a) a glider, on a flight which –

(i) begins and ends in Mauritius without passing over any other State; and

(ii) is not for the purpose of public transport or aerial work, other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests in a glider owned or operated by a flying club, of which the person giving the instruction or conducting the test, and the person receiving the instruction or undergoing the test, are both members;

(b) an aircraft, on a flight which –

(i) begins and ends in Mauritius without passing over any other State; and

(ii) complies with the B Conditions; or

(c) a kite or captive balloon.

(3) Notwithstanding paragraph (2)(a), a glider shall comply with regulations 23, 26, 32 and 49.

(4) Where an aircraft flies in breach of paragraph (1) in such manner or circumstances that, if the aircraft had been registered in Mauritius, an offence against these regulations would have been committed, the same offence shall be committed in respect of that aircraft.

7. Procedure for registration of aircraft

(1) The Authority shall be responsible for the registration of an aircraft in Mauritius and for maintaining the register and shall record therein the particulars specified in paragraph (6) in a legible form, or a non-legible form where the recording is capable of being reproduced in a legible form.

(2) An application for the registration of an aircraft shall be made to the Authority and be accompanied by the following evidence –

(a) a certificate under the hand of the Director-General of the Mauritius Revenue Authority to the effect that no customs duty or other duty, tax or charge, in respect of the aircraft, is due;

(b) a description of the aircraft, as specified in the Third Schedule;

(c) all particulars relating to the aircraft and its ownership; and

(d) where the aircraft is leased, all particulars of the leasing.

(3) Subject to paragraphs (4) and (5), an aircraft shall not be registered or continue to be registered unless the Authority is satisfied that –

(a) the aircraft has not already been registered outside Mauritius, or if it has, that such registration will cease by operation of law upon the aircraft being registered in Mauritius;

(b) the owner, lessor, lessee, any sub-lessee or operator of the aircraft is a qualified person;

(c) the aircraft may not more suitably be registered in another State; and

(d) it will not be contrary to public interest for the aircraft to be, or to continue to be, registered.

(4) (a) Where any unqualified person residing or having a place of business in Mauritius, and holding a legal or beneficial interest in an aircraft, or a share therein, applies for registration of that aircraft, the Authority may, on being satisfied that the aircraft may otherwise be properly so registered, register the aircraft in the name of that person.

(b) A person referred to in subparagraph (a) shall not cause or permit the aircraft, while it is registered, to be used for the purpose of public transport or aerial work.

(5) Where an aircraft is leased to a qualified person, the Authority may, whether or not an unqualified person is entitled as owner to a legal or beneficial interest therein, register the aircraft in the name of the lessee on being satisfied that the aircraft may otherwise be properly so registered and, subject to this regulation, the aircraft may remain so registered during the subsistence of the lease.

(6) Where the Authority registers an aircraft, it shall –

(a) enter in the register –

(i) the name of the registered owner;

(ii) the number of the certificate of registration;

(iii) the nationality mark of the aircraft;

(iv) the registration mark assigned to the aircraft;

(v) the name of the manufacturer of the aircraft;

(vi) the name or the designation of the aircraft;

(vii) the serial number of the aircraft;

(viii) the name and address of any person who has an interest or a share in the aircraft;

(ix) where the aircraft is chartered by demise, the name of the charterer; and

(x) where the aircraft is registered under paragraph 4(a) or (b), an indication that it is so registered; and

(b) issue to the registered owner a certificate of registration in the form set out in Part I of the Fourth Schedule.

(7) Where –

(a) there has been a change, other than a change in ownership, in the particulars furnished to the Authority in connection with the application for registration of an aircraft; or

(b) an aircraft has been destroyed or permanently withdrawn from use,

the registered owner of the aircraft shall, within 28 days of the change, destruction, or permanent withdrawal, as the case may be, give written notice of that fact to the Authority.

(8) On receipt of a written notice under paragraph (7), or on its own initiative, the Authority may, where it considers that it is expedient in the public interest so to do, cancel the registration of an aircraft or amend an entry in the register.

(9) (a) An application for a duplicate of a certificate of registration issued under this regulation shall be made to the Authority in such form and manner as the Authority may determine.

(b) A duplicate of a certificate of registration shall be issued on payment of the appropriate fee specified in the Second Schedule.

[Reg. 7 amended by reg. 7 of GN 17 of 2010 w.e.f. 1 February 2010.]

8. Temporary transfer of aircraft

The Minister may make such adaptation or modification to regulation 7, as he considers necessary or expedient for the purpose of providing for the temporary transfer of an aircraft to or from the register.

9. Change in ownership

(1) Where there is a change in the ownership of an aircraft registered in Mauritius –

(a) the registered owner of the aircraft shall forthwith give written notice of the change and surrender his certificate of registration to the Authority;

(b) the new owner of the aircraft shall –

(i) give a similar notice to the Authority; and

(ii) when he wishes to obtain a new certificate of registration, make an application to that effect to the Authority; and

(c) the aircraft shall not, except with the written permission of the Authority, be flown unless and until a new certificate of registration has been issued to the new owner.

(2) On a change in ownership of an aircraft, the new owner shall, without prejudice to any other liability on the part of the registered owner, be responsible for the payment of any charge outstanding in respect of the aircraft, whether liability for the payment of these charges was incurred before the change in ownership or not.

10. Nationality and registration marks

(1) An aircraft shall not fly in or over Mauritius unless it bears, painted on it or affixed to it, in the manner required by the law of the State in which it is registered, the nationality and registration marks required by that law.

(2) An aircraft registered in Mauritius shall bear the marks specified in the Fifth Schedule.

(3) An aircraft shall not bear any mark which purports to indicate –

(a) that the aircraft is registered in a State in which it is not so registered; or

(b) that the aircraft is a State aircraft of a particular State if it is not in fact such an aircraft,

unless the appropriate authority of that country has sanctioned the bearing of that mark.

PART III – AIR OPERATOR CERTIFICATE

11. Air operator certificate

(1) An aircraft registered in Mauritius shall not fly for the purpose of public transport unless –

(a) the operator of the aircraft is the holder of an air operator certificate; and

(b) the aircraft flies in accordance with the terms of the air operator certificate.

(2) An application for an air operator certificate shall be made to the Authority and shall contain –

(a) particulars of the type of aircraft which the applicant intends to operate;

(b) the description of the flight on which the applicant intends to operate his aircraft, together with details of the purpose of the flight; and

(c) details regarding the management organisation, maintenance arrangements and operations in relation to the aircraft.

(2A) Where the number of hours required to examine an application made under paragraph (2) and relating to –

(a) an aircraft weighing not more than 2 tonnes, is more than 36 hours;

(b) an aircraft not less than 2 tonnes nor more than 15 tonnes, is more than 360 hours;

(c) an aircraft weighing more than 15 tonnes, is more than 480 hours,

the applicant shall pay an additional investigation fee of 3,000 rupees for every additional hour.

(3) Subject to paragraph (4), where the Authority is satisfied, having regard to –

(a) the applicant's previous conduct and experience;

(b) the applicant's equipment, organisation and staffing;

(c) the arrangements which the applicant proposes to make in relation to the maintenance of his aircraft, including the minimum equipment list referred to in regulation 24; and

(d) the applicant's flight crew, cabin crew and dangerous goods training programmes,

that the applicant is competent to secure the safe operation of aircraft of the types specified in the certificate on flights of the description and for the purposes so specified, it shall grant the application and issue an air operator certificate to the applicant.

(4) Every applicant shall satisfy the Authority that it has a management organisation capable of exercising operational control and supervision over any flight operated under the terms of the certificate and shall have nominated an accountable manager acceptable to theAuthority to ensure that the maintenance of the operator's aircraft is carried out in accordance with the maintenance schedule approved by the Authority.

(5) An air operator certificate shall –

(a) specify the type of aircraft, which the holder of the certificate may operate;

(b) specify the description and purpose of every flight which the holder of the certificate may operate;

(c) certify that the holder of the certificate is competent to secure that an aircraft specified under subparagraph (a) is operated safely on a flight specified under subparagraph (b); and

(d) specify the period of validity.

(6) The holder of an air operator certificate shall –

(a) ensure that an aircraft registered in Mauritius is maintained and periodically inspected in accordance with the requirements of the maintenance schedule issued by the manufacturer and approved by the Authority, and that all airworthiness directives and mandatory service bulletins are complied with;

(b) ensure that an organisation approved by the Authority under regulation 22 maintains its aircraft in airworthy condition and in accordance with the approved maintenance schedule;

(c) establish and maintain an accident prevention and flight safety programme, the sole purpose of which shall be the prevention of accidents and which shall, in no circumstance, purport to apportion blame or liability;

(d) ensure that if the total mass authorised of the aircraft being flown by him for the purpose of public transport is more than 27,000 kilogrammes, a flight data monitoring programme is included as part of its accident prevention and flight safety programme.

(7) (a) Subject to subparagraphs (b) and (c), the holder of an air operator certificate shall, in respect of the number of flight hours flown by each of its aircraft pursuant to an air operator certificate in a year, pay, within one month at the expiry of every 3 months, during the whole or part of which the air operator certificate remains in force, the appropriate variable quarterly fee specified in the Second Schedule.

(b) Where the holder of an air operator certificate fails to pay the variable quarterly fee within the period of one month referred to in paragraph (a), he shall pay a surcharge of 5 per cent on every month due.

(c) This paragraph shall not apply to a non-revenue flight.

(d) For the purpose of this paragraph –

(i) the number of flight hours shall be rounded to the nearest whole hour, with half hours being rounded up;

(ii) a flight hour shall be calculated from the time an aircraft becomes airborne to the time the aircraft touches down, the time being in accordance with the aircraft's technical log time.

(8) Where the holder of an air operator certificate wishes that the certificate be varied by specifying a new aircraft type, he shall make an application to that effect to the Authority.

(9) Where the Authority grants an application made under paragraph (8), it shall specify the new aircraft type in the air operator certificate, subject to such terms and conditions as it may determine.

(10) Where, following the issue or renewal of an air operator certificate under this regulation, there is a change in the information furnished by the holder of the air operator certificate under paragraph (2) or (9), he shall make an application to the Authority for the variation of the air operator certificate.

(11) Where the Authority grants an application made under paragraph (10), it shall vary the air operator certificate.

[Reg. 11 amended by reg. 8 of GN 17 of 2010 w.e.f. 1 February 2010.]

12. Period of validity and renewal

(1) Subject to regulation 85, an air operator certificate shall remain in force for the period specified in the certificate.

(1A) Every person who wishes to renew his air operator certificate shall make an application to the Authority within one month of the expiry of the certificate.

(2) The Authority may renew an air operator certificate for such further period as it may determine, where it is satisfied that the holder of the certificate continues to meet the requirements of regulations 11(4) and 11(6).

(2A) Where the Authority grants an application made under paragraph (1A), it shall renew the air operator certificate.

[Reg. 12 amended by reg. 9 of GN 17 of 2010 w.e.f. 1 February 2010.]

12A. Route authorisation

(1) No person shall fly an aircraft, and no operator shall cause an aircraft to fly, on a route not located in the region specified in an air operator certificate granted under regulation 11.

(2) Where an operator intends to cause an aircraft to fly on a route not located in the region specified in its air operator certificate, it shall make an application for a variation of the certificate to the Authority.

(3) Where the Authority grants an application made under paragraph (2), it shall issue a written authorisation in respect of the new route.

[Reg. 12A inserted by reg. 10 of GN 17 of 2010 w.e.f. 1 February 2010.]

PART IV – AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT

13. Type certificate

(1) The Authority shall accept or validate a type certificate in respect of any aircraft, engine or propeller that is imported into Mauritius where –

(a) the airworthiness authority of the State of manufacture or design has issued a type certificate on the basis of FAR or JAR; and

(b) the type certificate approval basis meets the airworthiness requirements laid down by the Authority.

(2) In any other case, the Authority may, in its discretion, accept or validate a type certificate that is issued by the airworthiness authority of the State of manufacture or design and the type certificate approval basis meets the airworthiness requirements laid down by the Authority.

14. Certificate of airworthiness

(1) Subject to paragraph (2), an aircraft shall not fly unless –

(a) there is in force, in relation to that aircraft, a certificate of airworthiness; and

(b) the aircraft flies in accordance with the terms of the certificate of airworthiness.

(2) Paragraph (1) shall not apply to a flight which begins and ends in Mauritius, without passing over any other State, and is made by –

(a) a glider, which is not being used for public transport of passengers or aerial work;

(b) a balloon, which is not being used for public transport of passengers;

(c) a kite;

(d) an aircraft which is flying in accordance with the A Conditions or B Conditions; or

(e) an aircraft which is flying in accordance with a permit to fly issued by the Authority under regulation 16.

(3) In the case of an aircraft registered in Mauritius, the certificate of airworthiness referred to in paragraph (1) shall be a certificate issued or rendered valid in accordance with this regulation.

(4) The registered owner of an aircraft may apply to the Authority for a certificate of airworthiness in respect of the aircraft.

(5) Where the Authority is satisfied, having regard to –

(a) the design, construction, workmanship and materials of –

(i) the aircraft, including in particular any engine fitted in the aircraft; and

(ii) any equipment carried in the aircraft, which it considers necessary for the airworthiness of the aircraft; and

(b) the results of such flying trials and other tests of the aircraft as the Authority may require,

that the aircraft is fit to fly, it shall grant the application and issue a certificate of airworthiness in the form set out in Part II of the Fourth Schedule in respect of that aircraft.

(6) A certificate of airworthiness –

(a) shall set out the category specified in the Sixth Schedule which, in the opinion of the Authority, is appropriate to the aircraft;

(b) shall be issued subject to the condition that the aircraft shall not be flown for a purpose other than that specified in the Sixth Schedule in respect of the category to which the aircraft belongs; and

(c) may designate, for the purpose of regulation 45(1), the performance group to which the aircraft belongs.

(6A) The registered owner of an aircraft may apply to the Authority for a variation of the category specified in a certificate of airworthiness.

(7) The Authority may issue, in respect of an aircraft registered in Mauritius, a certificate of validation rendering valid a certificate of airworthiness issued in respect of that aircraft under the law of a Contracting State.

(8) Subject to paragraph (9) and regulation 85, a certificate of airworthiness or of validation –

(a) shall remain in force for the period specified in the certificate; and

(b) may be renewed from time to time by the Authority for such further periods as it thinks fit, after satisfying itself that the aircraft is fit to fly.

(9) A certificate of airworthiness or of validation issued in respect of an aircraft shall cease to be in force where –

(a) the aircraft, or such of its equipment as is necessary for the airworthiness of the aircraft, is overhauled, repaired or modified, or any part of the aircraft or of such equipment is removed or replaced, otherwise than in a manner and with material of a type other than that approved by the Authority, either generally or in relation to a class of aircraft or the particular aircraft;

(b) the Authority has required an inspection of the aircraft or any equipment, specified in subparagraph (a), for the purpose of ascertaining the aircraft remains airworthy, until the completion of that inspection;

(c) the Authority has required a modification of the aircraft, or any equipment, specified in subparagraph (a), for the purpose of ensuring that the aircraft remains airworthy, until the completion, to the satisfaction of the Authority, of that modification;

(d) the aircraft has sustained damage of such a nature that, in the opinion of a person qualified under regulation 17(3), it is no longer fit to fly;

(e) any Airworthiness Directive issued by the State of manufacture or design or any Mandatory Service Bulletin issued by the manufacturer of the aircraft is not complied with; or

(f) an inspection required by a maintenance schedule approved by the Authority in relation to that aircraft has not been carried out, until completion of the inspection.

(10) The Authority may, for the purpose of this regulation, accept reports furnished to it by a person whom it may approve, either absolutely or subject to such conditions as it may determine, as qualified to furnish such reports.

[Reg. 14 amended by reg. 11 of GN 17 of 2010 w.e.f. 1 February 2010.]

14A. Validity and renewal of certificate of airworthiness

(1) A certificate of airworthiness shall be valid for such period as the Authority may determine and may be renewed.

(2) Notwithstanding the period for which a certificate of airworthiness is issued, the registered owner of an aircraft shall pay the appropriate fee specified in the Second Schedule, to the Authority, on an annual basis.

(3) An application for the renewal of a certificate of airworthiness shall be made to the Authority within one month of the expiry of the certificate.

(4) Where the Authority grants an application made under paragraph (3), it shall renew the certificate of airworthiness.

[Reg. 14A inserted by reg. 12 of GN 17 of 2010 w.e.f. 1 February 2010.]

14B. Certificate of airworthiness for export

(1) No person shall export an aircraft outside Mauritius unless there is a certificate of airworthiness for export in respect of that aircraft.

(2) An application for a certificate of airworthiness for export shall be made to the Authority.

(3) Where the Authority grants an application made under paragraph (2), it shall issue to the applicant a certificate of airworthiness for export.

(4) A certificate of airworthiness for export issued under paragraph (4) shall not confer on the holder of the certificate the same rights as those in respect of a certificate of airworthiness issued under regulation 14.

(5) (a) Unless specifically endorsed by the Authority, a certificate of airworthiness for export under this regulation shall not certify compliance with the airworthiness requirements of the importing State.

(b) In subparagraph (a) –

"importing State" means the State to which the aircraft is exported.

[Reg. 14B inserted by reg. 12 of GN 17 of 2010 w.e.f. 1 February 2010.]

15. Airworthiness directives, special inspections, modifications and repairs

(1) The Authority may, in the interest of safety, issue a directive that an aircraft registered in Mauritius, the aircraft engine, propeller or component shall be modified or undergo special inspection, and compliance with the directive shall be mandatory.

(2) Any airworthiness directive or its equivalent, issued by the State of manufacture and any mandatory service bulletin issued by the aircraft manufacturer shall be complied with.

(3) Every owner or operator of a Mauritius registered aircraft shall ensure that he receives all airworthiness directives and mandatory service bulletins that affect his aircraft and are issued by the Authority, the airworthiness authority in the State of manufacture or the manufacturer.

(4) (a) On the issue of an applicable airworthiness directive or mandatory service bulletin, the owner or operator of an aircraft shall –

(i) take immediate action for compliance; and

(ii) record the details of all actions taken, in the logbook, and other technical records of the aircraft.

(b) Any repair or modification shall be embodied only in accordance with approved data specified in the instructions issued by the Authority, the airworthiness authority of the State of manufacture, or the manufacturer, as the case may be.

(5) Every modification or repair carried out shall be subject to the approval of the Authority in accordance with –

(a) detailed drawings and other technical data adequate to define completely the proposed modification and using approved materials, parts and processes conforming to the manufacturer's specifications; and

(b) the technical assessment showing compliance with an approved design standard.

(6) Every approval given by the Authority under paragraph (5) shall be subject to the payment of the appropriate fee specified in the Second Schedule.

[Reg. 15 amended by reg. 13 of GN 17 of 2010 w.e.f. 1 February 2010.]

16. Issue and renewal of permit to fly

(1) (a) Subject to subparagraph (b), the Authority shall issue, in respect of any aircraft, where a certificate of airworthiness cannot be issued for the aircraft, a permit to fly where it is satisfied that the aircraft is fit to fly having regard to the airworthiness of the aircraft and the conditions to be attached to the permit.

(b) The Authority shall not issue a permit to fly in respect of an aircraft if it appears to the Authority that the aircraft is eligible for, and ought to fly under and in accordance with, a certificate of airworthiness.

(2) (a) Subject to subparagraph (c), an aircraft flying in accordance with a permit to fly shall not fly for the purpose of public transport or aerial work, other than aerial work which consists of flights for the purpose of flying displays, associated practice, test and positioning flights or exhibition or demonstration of the aircraft.

(b) No aircraft shall carry any person during a flight for the purpose of flying displays or demonstration flying except the minimum flight crew, unless the prior permission of the Authority has been obtained.

(c) With the permission of the Authority, an aircraft flying in accordance with a permit to fly may fly for the purpose of aerial work which consists of the giving of instruction in flying or the conduct of flying tests, subject to the aircraft being owned or operated under arrangements entered into by a flying club, of which the person giving the instruction or conducting the test and the person receiving the instruction or undergoing the test are both members.

(3) An application for a permit to fly in respect of an aircraft shall be made by the operator to the Authority.

(3A) Where the Authority grants the application, it shall issue a permit to fly in relation to the airworthiness, operation or maintenance of the aircraft.

(4) Subject to paragraph (5) and regulation 85, a permit to fly issued under this regulation shall remain in force for such period as may be specified in the permit and may be renewed, from time to time, by the Authority for such further period as it may determine.

(4A) An application for the renewal of a permit to fly shall be made to the Authority, within one month of the expiry of the permit;

(4B) Where the Authority grants an application made under paragraph (4A), it shall renew the permit to fly.

(5) A permit to fly issued in respect of an aircraft shall cease to be in force –

(a) where any condition associated with the permit is not complied with;

(b) until the completion of any inspection, modification or maintenance of the aircraft or any of its equipment required for ascertaining whether the aircraft remains airworthy which is –

(i) classified as mandatory by the Authority; or

(ii) required as a condition of the permit to fly;

(c) where the aircraft, its engines or propellers, or such of its equipment as is necessary for the airworthiness of the aircraft, are modified or repaired, otherwise than where the repair or modification has been approved by the Authority or by a person approved by the Authority;

(d) unless the permit includes a current certificate of validity issued by the Authority or a person approved by the Authority.

(6) A placard shall be affixed to any aircraft flying in accordance with a permit to fly, in full view of the occupants, which shall be worded as follows –

Occupant Warning – This aircraft has not been certificated to an International Requirement

(7) An aircraft flying in accordance with a permit to fly shall be flown only by day and in accordance with the visual flight rules, unless the prior permission of the Authority has been obtained.

(8) Nothing in this regulation shall compel the Authority to accept an application for the issue, variation or renewal of a permit to fly where the application is not supported by such reports, from such approved persons, as the Authority may specify.

(9) A permission granted for the purpose of paragraph (2)(b) or (c) or (7) and an approval granted for the purpose of paragraph (5)(c) or (d) shall be in writing.

[Reg. 16 amended by Reg. 14 of GN 17 of 2010 w.e.f. 1 February 2010.]

17. Certificate of maintenance review

(1) No aircraft registered in Mauritius, in respect of which a certificate of airworthiness in the transport or the aerial work category is in force, shall fly unless –

(a) the aircraft, including its engines, together with its equipment and radio station, is maintained in accordance with a maintenance schedule approved by the Authority in relation to that aircraft;

(b) there is in force a certificate of maintenance review issued in respect of the aircraft which certifies the date on which the maintenance review was carried out and the date when the next review is due; and

(c) all airworthiness directives issued by the Authority, the State of manufacture or design, and all mandatory service bulletins issued by the manufacturer have been complied with.

(2) The approved maintenance schedule referred to in paragraph (1)(a) shall specify the occasions on which a review shall be carried out for the purpose of issuing a certificate of maintenance review.

(3) Subject to paragraph (4), a certificate of maintenance review shall not be issued by any person other than –

(a) the holder of an aircraft maintenance engineer's licence which entitles him to issue that certificate;

(b) a person whom the Authority has authorised to issue that certificate, and in accordance with that authorisation; or

(c) a person approved by the Authority as being competent to issue that certificate, and in accordance with that approval.

(4) Where the Authority approves a maintenance schedule, it may direct that certificates of maintenance review relating to that schedule shall not be issued by any person other than the holder of such licence as the Authority may specify.

(5) A person referred to in paragraph (3) shall not issue a certificate of maintenance review unless he has first verified that –

(a) maintenance has been carried out on the aircraft, in accordance with the maintenance schedule approved for that aircraft;

(b) any inspection or modification required by the Authority under regulation 14 or 15 has been completed, as certified in the relevant certificate of release to service issued in accordance with regulation 19;

(c) any defect entered in the technical log of the aircraft in accordance with regulation 18 has been rectified or its rectification has been deferred, in accordance with procedures approved by the Authority; and

(d) a certificate of release to service has been issued, in accordance with regulation 19,

and for this purpose, the operator of the aircraft shall make such information, as is necessary, available to that person.

(6) A certificate of maintenance review shall be –

(a) issued in 2 copies, one of which shall, during the period of validity of the certificate, be carried in the aircraft and the other be kept by the operator elsewhere than on board the aircraft; and

(b) in a form approved by the Authority.

(7) Subject to regulation 84, every certificate of maintenance review shall be preserved by the operator of the aircraft for the period of validity of the certificate and for such further period as the Authority may require, but in any case for a minimum period of 2 years after the expiry of the period of validity.

18. Technical log

(1) A technical log shall be kept in respect of an aircraft registered in Mauritius in respect of which a certificate of airworthiness in the transport or aerial work category is in force.

(2) Subject to paragraph (3), the commander of an aircraft registered in Mauritius shall, at the end of every flight for any purpose specified in paragraph (1) –

(a) enter in the technical log in ink or indelible pencil –

(i) the times when the aircraft took off and landed;

(ii) particulars of any defect known to him in any part of the aircraft or its equipment, being a part to which a maintenance schedule relates or, if no such defect is known to him, an entry to that effect; and

(iii) such other particulars in respect of the airworthiness or operation of the aircraft as the Authority may require; and

(b) sign and date the entries.

(3) Where an aircraft is engaged on a number of consecutive flights beginning and ending on the same day and with the same person as commander of the aircraft, the commander of the aircraft may, if he is flying for the purpose of –

(a) public transport and each of the consecutive flight begins and ends at the same aerodrome; or

(b) dropping or projecting any material for agricultural, public health or any other similar purpose,

and, except where he becomes aware of a defect during a flight, make the entries specified in paragraph (2) in the technical log at the end of the last of the consecutive flights.

(4) On rectification of any defect which has been entered in the technical log, a person issuing a certificate of release to service, in respect of that defect, shall enter the certificate in the technical log in such a position or manner as to be readily identifiable with the entry of the defect to which it relates.

(5) The technical log referred to in paragraph (1) shall be carried in the aircraft.

(6) A copy of the certificate of release to service under paragraph (4) shall –

(a) be kept on the ground; or

(b) where, in the case of –

(i) an aeroplane, the maximum total authorised mass of which is not more than 2,730 kilogrammes; or

(ii) a helicopter,

it is not reasonably practicable for the copy to be kept on the ground, carried on board in a box approved by the Authority for that purpose.

(7) Subject to regulation 84, a technical log or any other approved record required to be kept under this regulation shall be preserved by the operator of the aircraft to which it relates until a date 2 years after the aircraft has been destroyed or permanently withdrawn from use, or for such shorter period as the Authority may permit in a particular case.

19. Certificate of release to service

(1) Subject to paragraphs (2), (3) and (4), an aircraft registered in Mauritius, in respect of which a certificate of airworthiness issued or rendered valid under these regulations is in force, shall not fly if a part of the aircraft or of such of its equipment as is necessary for the airworthiness of the aircraft, has been overhauled, repaired, replaced or modified, or has been inspected under regulation 14 or 15, unless there is in force a certificate of release to service relating to the overhaul, repair, replacement, modification or inspection, as the case may be.

(2) Subject to such directions as the Authority may give, a certificate of release to service shall not be required in respect of an aircraft –

(a) the maximum total authorised mass of which is not more than 2,730 kilogrammes; and

(b) in respect of which a certificate of airworthiness of the Special Category referred to in the Sixth Schedule and granted under regulation 14 is in force.

(3) Where a repair or replacement of a part of an aircraft, or of its equipment, is carried out when the aircraft is at a place where it is not reasonably practicable for the repair or replacement to be carried out in such a manner that a certificate of release to service may be issued under this regulation, or for such a certificate to be issued while the aircraft is at that place –

(a) the aircraft may fly to a place at which such a certificate may be issued, being the nearest place –

(i) to which the aircraft may, in the opinion of the commander, safely fly by a route for which it is properly equipped; and

(ii) to which it is reasonable to fly having regard to any hazard to the liberty or health of any person on board; and

(b) the commander of the aircraft shall, within 10 days, cause written particulars of the flight, and the reasons for making it, to be given to the Authority.

(4) Where an aircraft, the maximum total authorised mass of which is not more than 2,730 kilogrammes, flies otherwise than for the purpose of public transport –

(a) no certificate of release to service is required where the only repair or replacement, in respect of which the certificate of release to service would otherwise have been required –

(i) is a repair or replacement specified in paragraph 13 of the Seventh Schedule; and

(ii) has been carried out personally by the owner or operator of the aircraft being the holder of a pilot's licence granted or rendered valid under these regulations;

(b) the owner or operator of the aircraft, shall –

(i) keep, in the aircraft log book, a record which identifies the repair or replacement;

(ii) sign and date the entry; and

(iii) subject to regulation 84, preserve the log book for a period of 2 years from the date of the last entry; and

(c) any equipment or part used in carrying out the repair or replacement shall be of a type approved by the Authority.

(5) Any equipment provided in accordance with paragraphs 1, 2, 4 and 5 of the Eighth Schedule, or any radio apparatus provided for use in an aircraft or any survival craft carried in an aircraft, whether or not that apparatus is provided in accordance with these regulations, shall not, after being overhauled, repaired or modified, be installed or placed on board for use in an aircraft registered in Mauritius, unless there is in force, in respect of the equipment or radio apparatus, at the time when it is installed or placed on board, a certificate of release to service issued in relation to the overhaul, repair or modification, as the case may be.

(6) A certificate of release to service may be issued –

(a) by the holder of an aircraft maintenance engineer's licence granted under these regulations and entitling him to issue that certificate;

(b) by the holder of a maintenance engineer's licence granted under the law of a State other than Mauritius and rendered valid under these regulations, in accordance with the privileges endorsed on the licence and subject to such conditions as the Authority may stipulate while granting the validation;

(c) in respect of an aircraft, the maximum total authorised mass of which is not more than 2,730 kilogrammes, by the holder of a licence, or authorisation of an engineer, granted or issued under the law of a Contracting State in which the overhaul, repair, replacement, modification or inspection has been carried out;

(d) by a person authorised or approved by the Authority to issue a certificate of compliance;

(e) by a person whom the Authority has authorised to issue the certificate in a particular case, in accordance with that authorisation; or

(f) in respect of the adjustment and compensation of direct reading magnetic compasses, by the holder of an airline transport pilot's licence or a flight navigator's licence granted or rendered valid under these regulations.

(7) A certificate of release to service shall –

(a) be in a form approved by the Authority;

(b) certify that the aircraft or its equipment has been overhauled, repaired, replaced, modified or maintained, in a manner and with material of a type approved by the Authority, and identify the overhaul, repair, replacement, modification or maintenance to which the certificate relates;

(c) include particulars of the work done;

(d) certify, in relation to any inspection required by the Authority, that the aircraft or its equipment, has been inspected in accordance with the requirements of the Authority and any consequential repair, replacement or modification has been carried out as specified in subparagraph (b); and

(e) subject to regulation 84, be preserved by the operator of the aircraft for the period of time for which he is required to preserve the log book relating to the same part of the aircraft or to the same equipment or apparatus.

20. Maintenance engineers

(1) No person shall act or hold himself out as an aircraft maintenance engineer unless he –

(a) holds an aircraft maintenance engineer's licence issued by the Authority; or

(b) holds a certificate issued under paragraph (5).

(1A) Every application for an aircraft maintenance engineer's licence shall be made to the Authority.

(1B) Where the Authority is satisfied that the applicant –

(a) has passed such test as the Authority may require to establish that he has sufficient knowledge, experience, competence and skill in aeronautical engineering; and

(b) is a fit and proper person to hold an aircraft maintenance engineer's licence,

it may issue to the applicant an aircraft maintenance engineer's licence of a category specified in the Ninth Schedule.

(2) Where, on the issue of a licence of a category specified in the Ninth Schedule, the Authority is satisfied that the applicant is qualified to issue, in respect of a particular type of aircraft or equipment the certificate specified in relation to that category, it may, subject to such terms and conditions as it may determine, include a rating specifying that type of aircraft or equipment, and the rating shall form part of the licence.

(3) A licence of a category specified in the Ninth Schedule shall, subject to any condition included in the licence, entitle the holder to issue, in respect of a type of aircraft or equipment specified in a rating included in the licence, a certificate specified in relation to that category.

(4) (a) Subject to regulation 85, a licence shall remain valid for the period specified in it and may be renewed.

(b) An application for the renewal of a licence shall be made to the Authority within one month of the expiry of the licence.

(c) Where the Authority is satisfied that the holder of a licence is a fit and proper person to hold such a licence for a further period, it shall grant the application and renew the licence, for such period as it may determine.

(4A) No person shall act or hold himself out as a maintenance engineer where he holds a licence granted under the law of another state, unless his licence has been validated by the Authority.

(4B) Every person who wishes to have his aircraft maintenance engineer's licence issued under the law of another state rendered valid by the Authority, shall make an application to that effect to the Authority.

(5) Subject to paragraphs (9) and (10), and for such period as the Authority may specify, the Authority may issue a certificate rendering valid, a licence as an aircraft maintenance engineer granted under the law of any State other than Mauritius.

(6) On receipt of a licence issued under this regulation, the holder shall sign his name on the licence in ink, in order to make the licence valid.

(7) The holder of an aircraft maintenance engineer's licence shall not exercise the privileges of such a licence where he knows or suspects that his physical or mental condition renders him unfit to exercise such privileges.

(8) The holder of an aircraft maintenance engineer's licence shall not –

(a) when exercising the privileges of such a licence, be under the influence of any psychoactive substance which may render him unable to safely and properly perform his duties; or

(b) engage in any problematic use of substances.

(9) (a) For the purposes of paragraph (5), the Authority shall make the necessary comparative study for establishing the equivalence of licences issued by a Contracting State and their privileges with licences issued under these regulations and their privileges as specified in the Ninth Schedule.

(b) Where an equivalence specified in subparagraph (a) has been established, the Authority shall publish it in the form of a maintenance engineer's licensing notice or an aeronautical information circular.

(10) (a) For the purpose of –

(i) determining whether a person is a fit and proper person to hold an aircraft maintenance engineer's licence under paragraph (1B)(b); or

(ii) issuing a certificate under paragraph (5),

the Authority may subject the applicant to such tests, written or oral, as it may specify in writing or by way of notices.

(b) Where the applicant referred to in subparagraph (a) is required to take a test, he shall pay to the Authority the appropriate examination fee specified in the Second Schedule.

[Reg. 20 amended by reg. 15 of GN 17 of 2010 w.e.f. 1 February 2010.]

21. Approval of instructors, organisations and training courses

(1) No person shall provide a training course or instruction relating to civil aviation unless that person and the training course or instruction are approved by the Authority.

(2) Every person who wishes to provide a training course or instruction relating to civil aviation shall make an application to the Authority.

(3) Where the Authority grants an application made under paragraph (2), it shall issue a written approval in relation to the person and training course or instruction.

(4) Where the written approval issued under paragraph (3) is in relation to a training course or instruction –

(a) the Authority shall specify the title of the training course or instruction on the written approval; and

(b) the holder of that approval shall not provide an additional training course or instruction unless that training course or instruction has been approved by the Authority.

(5) Where the holder of the approval referred to in paragraph (4)(b) wishes to provide an additional training course or instruction, he shall make an application to the Authority for the variation of the approval.

(6) Any approval, other than an approval in relation to a training course or instruction, issued under this regulation shall be valid for a period of 12 months from the date of issue and may be renewed.

(7) An application for the renewal of an approval granted under this regulation shall be made to the Authority within one month of the expiry of the approval.

(8) Where the Authority grants an application made under paragraph (7), it shall renew the approval.

[Reg. 21 revoked and replaced by reg. 26 of GN 17 of 2010 w.e.f. 1 February 2010.]

22. Approval of maintenance organisations

(1) (a) An aircraft maintenance organisation shall not commence operations in Mauritius unless it has obtained the approval of the Authority.

(b) An aircraft maintenance organisation may make an application to the Authority for the issue, renewal or variation of a certificate of approval in respect of its activities.

(2) (a) Any aircraft maintenance organisation outside Mauritius shall not carry out maintenance, modify or repair an aircraft registered in Mauritius unless approval for the work has been given by the Authority.

(b) In granting an approval under paragraph (a), the Authority may accept, in relation to such organisation, the possession of a certificate of approval issued by the manufacturer of the aircraft, aircraft components or materials and by the competent authority of the State in which the organisation is located.

(3) The Authority shall issue a certificate of approval to an aircraft maintenance organisation which complies with its approved requirements as to facilities, resources, tools and equipment, data and documentation, and systems of quality control, adequate for the activity applied for.

(4) The aircraft maintenance organisation shall put out a maintenance organisation manual, approved by the Authority, that lays out the processes, procedures and quality systems applicable to its activities.

(5) (a) On receipt of an application made under paragraph (1)(b), the Authority may issue, renew or vary a certificate of approval.

(b) A certificate of approval shall, subject to regulation 85, remain in force for such period as may be specified therein, and may be renewed, within 2 months of the expiry of the approval, for such further period and subject to such conditions, including the issue by the authority of satisfactory audit reports, as the Authority may determine.

(c) A certificate of approval issued under this regulation may contain such limitations and particulars as may be determined by the Authority.

[Reg. 22 amended by reg. 17 of GN 17 of 2010 w.e.f. 1 February 2010.]

23. Equipment of aircraft

(1) An aircraft shall not fly unless it is equipped to –

(a) comply with the law of the State in which it is registered; and

(b) enable lights and markings to be displayed, and signals to be made, in accordance with these regulations.

(2) An aircraft registered in Mauritius shall not fly unless it is provided with such equipment as complies with the requirements of the Eighth Schedule.

(3) The equipment specified in paragraphs 1, 2, 4 and 5 of the Eighth Schedule shall be of a type approved by the Authority in relation to a class of aircraft or generally, and installed in a manner so approved.

(4) The Authority may, in any particular case, direct that an aircraft registered in Mauritius shall carry such additional or special equipment or supplies as it may specify for the purpose of facilitating –

(a) the navigation of the aircraft;

(b) the carrying out of search and rescue operations; and

(c) the survival of persons carried in the aircraft.

(5) Any equipment carried under this regulation shall be –

(a) installed or stowed;

(b) maintained; and

(c) adjusted,

in such manner as to be readily accessible and capable of being used by the person for whose use it is intended, and prevent injury to passengers or crew in the event of an accident or severe turbulence.

(6) The position of equipment provided for emergency use shall be indicated by clear markings in or on the aircraft.

(7) In every public transport aircraft registered in Mauritius, a notice indicating the location of life jackets, the brace position to be adopted in the event of an emergency landing, instructions on the use of safety belts, escape slides, life rafts, and oxygen masks, and location of the emergency exits and containing pictorial instructions regarding their use shall be –

(a) exhibited in a prominent position in every passenger compartment; or

(b) provided individually for every passenger.

(8) Every equipment carried in an aircraft shall not be installed, stowed, maintained or adjusted in such manner as to –

(a) constitute a source of danger;

(b) impair the airworthiness of the aircraft; or

(c) impair the proper functioning of equipment or service necessary for the safety of the aircraft.

(9) Any navi

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