Establishment of aerodromes by the Minister
(1) The Minister may establish and maintain aerodromes, and provide and maintain in connection with it, roads, approaches, apparatus, equipment and buildings and other accommodation.
(2) The Minister may for the purpose of exercising the powers conferred by subsection (1) acquire land by agreement or in accordance with the appropriate law in force in the relevant part
of Malaysia relating to the acquisition of land for public purposes.
(3) The purposes for which the Minister may acquire land under this section include the purpose of securing that the land adjacent to the site of an aerodrome which the Minister has established, or is about to establish, shall not be used in such manner as to cause interference with, or danger or damage to, aircraft at, or approaching or leaving, the aerodrome.
Minister may authorize a company under licence to establish, etc., an aerodrome
(1) The Minister may authorize any company under a licence to establish, maintain and operate an aerodrome subject to such terms and conditions as may be prescribed.
(2) Any person who—
(a) establishes, maintains or operates an aerodrome without a licence; or
(b) fails to comply with any of the terms and conditions imposed on the licence issued under subsection (1), shall be guilty of an offence and shall on conviction be liable—
(aa) where such person is an individual, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both; or
(bb) where such person is a body corporate, to a fine not exceeding one hundred thousand ringgit.
Trespassing at licensed and Government aerodromes
(1) Any person who trespasses on any land forming part of an aerodrome, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand ringgit:
Provided that no person shall be liable to conviction under this section unless it is proved that, at the material time, notices warning trespassers of their liability under this section were posted, so as to be readily seen and read by members of the
public, in such positions on or near the boundary of the aerodrome as appear to the court to be proper.
(2) Any person being the owner or for the time being having charge of a domestic animal which trespasses on land forming part of an aerodrome shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand ringgit.
(3) Any animal found on land forming part of an aerodrome may be destroyed by the proprietor of the aerodrome or by a person authorized by him:
Provided that if any such animal is for the time being in the charge of a person, such animal shall not be destroyed unless such person, upon being requested so to do, fails to remove the animal within a time which is in the circumstances reasonable.
(4) (Deleted by Act A803).
P ART IIIA
CIVIL AVIATION FUND
Commencement of Part IIIA
This Part shall come into force on such date as the Minister may, by notification in the Gazette appoint; and the Minister may appoint different dates for the coming into force for different parts of Malaysia.
Interpretation
In this Part, unless the context otherwise requires— “appointed date” means the date appointed under section 6A and if different dates are appointed under that section for different parts of Malaysia, the relevant date on which this Part comes into force for that part of Malaysia; “civil aviation authority” means the Director General of Civil Aviation Malaysia, and includes an officer empowered by him to perform all or any of the functions conferred on the civil aviation authority under this Part;
“civil aviation services” includes all services connected with air navigation and Government aerodromes except for purposes of defence of the realm by air and for the purpose of this definition “Government aerodromes” shall not include any aerodrome of the armed forces or any visiting force; “Development Fund” means the Development Fund specified in the Second Schedule to the Financial Procedure Act 1957 [Act 61]; “transfer date” means the date on which any designated property in a designated airport, which the Government of Malaysia was entitled to, is transferred to a company by virtue of the Airport and Aviation Services (Operating Company) Act 1991 [Act 467].
Establishment of Civil Aviation Fund
(1) There is hereby established a fund to be known as the Civil Aviation Fund (hereinafter referred to as “the Fund”) which shall be controlled and operated by the Director General in accordance with this Part.
(2) The monetary transaction of the civil aviation authority shall be processed through the Fund, and for this purpose the following new item is hereby incorporated into the Second Schedule to the Financial Procedure Act 1957— “Civil Aviation Fund.”.
(3) On the establishment of the Fund and notwithstanding subsection 9(6) of the Financial Procedure Act 1957, the balances in the Trust Accounts in respect of the civil aviation authority except the Development Fund Trust Account shall be paid to the Fund.
Money required to be paid to the Fund
(1) Notwithstanding the relevant provision of the Financial Procedure Act 1957 and the Development Funds Act 1966 [Act 406] there shall be paid from time to time into the Fund—
(a) such sums as may be appropriated from the Consolidated Revenue Account for the purposes of civil aviation services;
(b) such sums as may be appropriated from the Development Fund for expenditure on the development and expansion of the civil aviation services;
(c) all receipts in respect of any licence issued or of any works or services performed by the civil aviation authority which were paid or will be paid out of—
(i) moneys standing to the credit of the Fund; or
(ii) moneys appropriated to the civil aviation authority after the transfer date in respect of civil aviation services;
(d) moneys received from the sale or lease or hire of any property controlled by the civil aviation authority or acquired or produced out of—
(i) moneys standing to the credit of the Fund; or
(ii) any moneys appropriated before the appointed date in respect of civil aviation services;
(e) interest received from the investment of moneys standing to the credit of the Fund;
(f) moneys received by the Federation in respect of any matter incidental to the performance of any functions or the exercise of any powers conferred upon the civil aviation authority by this Act; and
(g) any other moneys received by the Federation in such circumstances as the Minister of Finance considers appropriate to be paid to the Fund: Provided that in all cases any moneys received by the civil aviation authority between 1 January of the year of the appointed date and the date immediately preceding the appointed date which would have to be paid to the Fund under this subsection had the moneys been received on or after the appointed date, shall be accounted for in the Fund, subject to an amount not exceeding the receipts for the period of six months immediately preceding the appointed date.
(2) Payments into the Fund of moneys referred to in paragraphs (1)(a) and (b) shall be made in such sums and at such times as the Minister of Finance directs.
Application of the moneys of the Fund
(1) Notwithstanding the relevant provisions of the Financial Procedure Act 1957 and the Development Funds Act 1966 moneys standing to the credit of the Fund may be applied by the Director General for the following purposes:
(a) payment of the remuneration of the Director General and other persons employed by the Government in the Civil Aviation Department including contributions to the Employees Provident Fund or other schemes approved by the Government in respect of such persons;
(b) payment for the cost of goods and services acquired for the purposes of the civil aviation services and for the acquisition of movable and immovable property incidental to the carrying out of works and services pursuant to this Act;
(c) payment to the appropriate Consolidated Accounts by ways of reimbursement in respect of—
(i) pensions, gratuities and other allowances granted under the pensions laws to the Director General and other persons employed by the Government in the Civil Aviation Department or their dependants;
(ii) interest and other charges and the principal repayments on loans raised and appropriated after the appointed date for the purposes of the civil aviation services; and
(iii) any moneys required to satisfy any judgement, decision or award against the Federation by any court or tribunal in connection with the operation of civil aviation services;
(d) payments in discharge of any liabilities incurred by the Federation on the civil aviation services; and
(e) payment of any other expenditure properly incurred or accepted by the civil aviation authority in the exercise of its powers and functions under this Act:
Provided that in all cases any payment by the civil aviation authority between 1 January of the year of the appointed date and the date immediately preceding the appointed date which would have to be made out of the Fund under this subsection had the payment been made on or after the appointed date, shall be accounted for in the Fund.
(2) Moneys standing to the credit of the Fund may be invested in accordance with subsection 8(3) of the Financial Procedure Act 1957.
Power of the Minister of Finance to determine development expenditure from Fund
The Minister of Finance, after consultation with the Minister, may before or during a financial year determine the maximum amount to be paid out of the Fund during that financial year in respect of development expenditure for civil aviation services.
Surplus money in Fund
There shall be paid out of the Fund into the Consolidated Revenue Account such sums as may be determined by the Minister of Finance after consultation with the Minister to be surplus to the requirements of the Fund in any financial year.
Repayment of appropriation and payment of interest
The Minister of Finance may if he considers it appropriate to do so—
(a) direct payment out of the Fund in such amounts and at such times as he specifies to the Consolidated Revenue Account or the Development Fund of sums paid into the Fund under paragraphs 6D(1)(a) and (b);
(b) direct the payment out of the Fund at such times as he specifies to the Consolidated Revenue Account of amounts representing interest at such rates as he determines upon so much of any amount to which the last preceding paragraph applies that has not been repaid.
Financial policy in respect of civil aviation services
In the administration of this Act in relation to the civil aviation services the Director General shall pursue a policy directed towards achieving in respect of each financial year, such financial results as determined by the Minister in consultation with the Minister of Finance.
Commercial Accounts
(1) Notwithstanding the relevant provision of the Financial Procedure Act 1957 and any regulations made and instructions issued under it, the books and accounts of the civil aviation authority shall be kept in accordance with generally accepted commercial accounting principles and practices.
(2) All the assets and liabilities of the civil aviation authority as on 1 January of the year of the appointed date which are not reflected in the financial accounts of the Federation shall be incorporated into the commercial accounts and the net worth of it shall be treated as capital of the Federation invested in the civil aviation authority on that date.
(3) The Director General with the concurrence of the Treasury shall issue directions and instructions as to the manner in which the books and accounts shall be kept and the form in which statements of accounts shall be submitted for audit.
Application of profits
The net profit arising from the civil aviation services in respect of a financial year shall be applied in such manner as the Minister with the concurrence of the Minister of Finance determines.
Funding
Each year the Director General shall submit through the Minister to the Treasury the estimated income and expense statement on the operations of civil aviation services in respect of the next succeeding financial year, the total cash requirement for operating and development expenditure to be incurred in respect
of those services during that year and the sources from which the moneys to be expended are proposed to be obtained. In support of this statement the Director General shall submit details of the development programme which he proposes to undertake in the next succeeding financial year and other matters relating to civil aviation services as the Treasury considers appropriate.
Minister’s report to Parliament
The Minister shall cause to be laid before each House of Parliament before the commencement of each financial year a statement of the estimated financial results which he expects to achieve in the next succeeding financial year together with the details of the proposed development programme and the sources from which the programme will be financed.
Audit
(1) The commercial accounts of the civil aviation authority shall be audited annually by the Auditor General and the provisions of the Audit Act 1957 [Act 62] shall apply.
(2) The Director General shall, not later than 31 March of the following year or such later date as the Minister of Finance may determine transmit to the Auditor General the financial statements of the commercial accounts referred to in subsection
(1) which will consist of the balance sheet, profit and loss statement and such other supporting statements as may be required by the Treasury.
(3) The audited statements shall be submitted to the Minister of Finance, who shall cause them to be laid before each House of Parliament.
Saving
Save as otherwise provided in this Part the Financial Procedure Act 1957 and the Development Funds Act 1966 and any regulations made and instructions issued under it shall apply to the Director General and other persons employed by the Government in the Civil Aviation Department.
P ART IV
CONTROL OF OBSTRUCTIONS IN VICINITY OF AERODROMES
Indication of presence of obstructions near aerodromes
(1) If the Minister is satisfied, with respect to any building, structure or erection in the vicinity of an aerodrome, that, in order to secure that aircraft, including military aircraft, flying in the vicinity may be navigated with safety and efficiency, provision ought to be made, whether by lighting or otherwise, for giving to such aircraft warning of the presence of that structure, he may, by order under his hand, authorize the licensee or any person in charge of an aerodrome and any person acting under the instruction of the licensee or the person in charge—
(a) to execute, install, maintain, operate and, as occasion requires, repair and alter, such works and apparatus as may be necessary for enabling such warning to be given in the manner specified in the order; and
(a) so far as may be necessary for exercising any of the powers conferred by the order to enter upon and pass over, with or without vehicles, any such land as may be specified in the order: Provided that no such order shall be made in relation to any structure if it appears to the Minister that there have been made, and are being carried out, satisfactory arrangements for the giving of such warning of the presence of the structure.
(2) The Minister shall, before making any such order, cause to be published, in such manner as he thinks best for informing persons concerned, notice of the proposal to make the order and of the place where copies of the draft order may be obtained free of charge, and take into consideration any representations with respect to the order which may, within such period not being less than two months after the publication of the notice as may be specified in it, be made to him by any person appearing to him to have an interest in any land which would be affected by the order; and, at the end of that period, the order may, subject to this section, be made with such modifications, if any, of the original draft as the Minister thinks proper.
(3) Every such order shall provide—
(a) that, except in a case of emergency, no works shall be executed on any land in pursuance of the order unless, at least fourteen days previously, the licensee or any person in charge of an aerodrome to which the order relates has served, in the manner specified in the order, on the occupier of that land and on every other person known by the licensee or the person in charge to have an interest in it, a written notice containing such particulars of the nature of the proposed works, and the manner in which, and the time at which, it is proposed to execute them, as may be specified by, or in accordance with, the order;
(b) that if, within fourteen days after service of such notice on any person having such an interest, the licensee or any person in charge of an aerodrome receives a written intimation of objection on the part of that person to the proposals contained in the notice, being an intimation which specifies the grounds of objection, then, unless and except in so far as the objection is withdrawn, no steps shall be taken in pursuance of the notice without the specific sanction of the Minister; and
(c) for requiring the licensee or any person in charge of an aerodrome to which the order relates to pay to any person having an interest in any land affected by the order such compensation for any damage or loss which that person may suffer in consequence of the order as may, in default of agreement, be determined from time to time by a single arbitrator appointed by the Chief Judge of the appropriate High Court.
(4) For the purpose of this subsection, any expense reasonably incurred in connection with the lawful removal of any apparatus installed in pursuance of such an order, and so much of any expense incurred in connection with the repair, alteration, demolition or removal of any structure to which such an order relates as is attributable to the operation of the order, shall be deemed to be damage or loss suffered in consequence of the order.
(5) The ownership of anything shall not be taken to be affected by reason only that it is placed in, or affixed to, any land
in pursuance of such an order as aforesaid; and, subject to subsection (7), so long as any such order in respect of an aerodrome is in force, no person shall, except with the consent of the licensee or any person in charge of an aerodrome, wilfully interfere with any works or things which, to the knowledge of that person, are works or things executed or placed in, on or over any land in pursuance of the order.
(6) If any person contravenes subsection (5), he shall be guilty of an offence and on conviction shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding fifty thousand ringgit, or to both.
(7) Nothing in this section shall operate, in relation to any structure, so as to restrict the doing of any work for the purpose of repairing, altering, demolishing or removing the structure if—
(a) notice of the doing of that work is given as soon as may be to the licensee or any person in charge of an aerodrome; and
(b) the giving of warning of the presence of the structure in the manner provided by any order under this section in force in relation thereto is not interrupted.
Power to declare a controlled area
Whenever it appears to the Minister that it is, or is likely to become, necessary for the safety of air navigation in the vicinity of an aerodrome or for securing the efficient operation of any aid to air navigation, whether situated at or in the vicinity of an aerodrome or elsewhere that any area should be cleared or kept clear of obstructions, he may, in conjunction with the Ruler or Yang di-Pertua Negeri of the State concerned, by order, declare that area to be a controlled area for the purposes of this Part and shall define the boundaries of that area.
Power to prohibit or regulate erection of structures and planting trees in controlled area
The Minister may, in conjunction with the Ruler or the Yang di-Pertua Negeri of the State concerned, at any time, by order, prohibit, absolutely or conditionally, or regulate the erection of any structure above a height specified in such order, or the
planting of any tree or other high growing vegetation within a controlled area or any part of such area.
Notice to remove or alter structures, trees and other vegetation in controlled area
(1) The Minister, or any officer authorized by the Minister in that behalf, may, by notice in writing, require the owner or occupier of any land subject to any order under section 9, within such time, not being less than one month from the date of the service of such notice upon the person concerned, as may be fixed by the notice—
(a) to remove or reduce in height any structure on such land which is above the height specified in such order, whether such structure was erected before or after the making of such order, or any tree or other high growing vegetation, either planted in contravention of such order or likely, in the opinion of the Minister, to cause an obstruction to aircraft or to hinder the operation of any aid to air navigation; and
(b) to take such steps in regard to, or to effect such alterations to, any structure, tree or other vegetation on any land within a controlled area, or any part of such area, as may be necessary to comply with any conditions imposed by any order under section 9 applicable to such structure, trees or vegetation or, in the case of any structure erected or tree or vegetation existing before the making of such order, which would have been applicable to such structure, tree or other vegetation if it had been erected or planted after the making of such order.
(2) If default shall be made in complying with such notice within the time fixed by such notice, any officer authorized by the Minister, either generally or specially in that behalf, may enter upon such land and cause such action to be taken as is required by such notice, and may recover the cost of, and all expenses incurred in doing, any necessary work from the person in default.
Power of entry on land
Any officer authorized in that behalf by the Minister, and any person employed in that behalf under the supervision of any such
officer, may, from time to time, enter upon, survey and take levels of any controlled area and may do all other acts necessary for such survey and for the purpose of marking out the boundaries of such area or any part of it.
Provided that no such officer or person shall enter into any building or enclosed garden or compound attached to any building without the consent of the occupier unless he shall have previously given such occupier at least three clear days’ notice in writing of his intention to do so.
Damage caused by reduction or removal of structure or valuable tree or plant
When any structure or valuable tree or plant is reduced in height or removed, or any expense is reasonably incurred in compliance with any order or the conditions of any order under section 9, the owner or occupier of the land shall, unless such structure was erected or such tree or plant was planted in contravention of any order under section 9 or of the conditions imposed by it, be entitled to compensation to the extent to which he has suffered damage or loss by reason of such reduction or removal or has incurred such expense.
Damage caused by entry on land under section 11
Where any damage is done to property in the exercise or purported exercise of any power conferred by section 11, the owner or occupier shall be entitled to compensation to the extent to which he has suffered damage by it.
Compensation for loss of value of land
Where any land in a controlled area is affected by any order under section 9 prohibiting or regulating the erection of any structure or the planting of any tree or vegetation, the owner or occupier of it shall be entitled to compensation to the extent, if any, that the value of his land, or his interest in such land, is shown to have been, by reason of such order, depreciated in relation to the current ordinary market value of neighbouring land not included in that order.
Procedure of settling claims for compensation under sections 12, 13 and 14
Where any person is entitled to any compensation by virtue of section 12, 13 or 14, the amount of such compensation shall be determined by agreement or, in default of agreement, by a single arbitrator appointed by the Chief Judge of the appropriate High Court.
Certain offences and penalty
(1) Any person who does any act in contravention of, or fails without reasonable excuse to comply with the terms of, any order or notice made or issued under section 9 or 10 shall be guilty of an offence and on conviction shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding fifty thousand ringgit, or to both.
(2) Any person who wilfully obstructs any person in the exercise of any of the powers conferred by this Part or by any subsidiary legislation made under this Part shall be guilty of an offence and shall on conviction be liable—
(a) where such person is an individual, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both; or
(b) where such person is a body corporate, to a fine not exceeding one hundred thousand ringgit.
Power to make rules
The Minister may make rules generally for carrying into effect the provisions of this Part.
(Deleted by Act A803).
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
