Section 4
Functions of Minister
(1)
The Minister has the general duty of organising, carrying out and encouraging measures for —
(a)
the sound and economic development of civil aviation;
(b)
the promotion of safety and efficiency in civil aviation and air navigation;
(c)
the establishment and maintenance of aerodromes, taking into account environmental factors;
(d)
the fulfillment of international obligations in the field of international civil aviation, including those with respect to the
Chicago Convention, as well as the Annexes thereto and the corresponding amendments and addition thereto, in addition to the
Standards and Recommended Practices including the filing of differences pursuant to Article 38 thereof;
(e)
the conclusion of bilateral or multilateral agreements;
(f)
the fulfilment of the above mentioned duties and all others necessary to the proper functioning of civil aviation in
Brunei Darussalam, either personally or through delegation or the transfer of the duty to the Director or any other authorised person;
(g)
the acquisition by the Government under the Land Acquistion
Act (Chapter 41) of land and interests in and rights to and over land for the purposes of the furtherance of civil aviation; and
(h)
with the approval of His Majesty the Sultan and
Yang Di-Pertuan, the making of regulations —
(i)
providing for the registration of aircraft in
Brunei Darussalam;
(ii)
prohibiting aircraft from flying unless a certificate of airworthiness issued or validated under regulations is in force, and except upon compliance with such
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conditions as to maintenance or repair as may be specified in regulations or otherwise;
(iii)
providing for the licensing, inspection and regulation of airports, for access to airports and places where aircraft have landed, for access to factories and hangars for the purpose of inspecting work therein carried on in relation to aircraft or parts thereof or equipment carried thereon, and for prohibiting or regulating the use of unlicensed airports;
(iv)
prohibiting persons from engaging in, or being employed in or in connection with, air navigation in such capacities as may be specified in regulations, except in accordance with provisions in that behalf, and for the licensing of those employed at airports licensed under regulations in the inspection or supervision of aircraft;
(v)
providing for the conditions under which, and in particular the airports to or from which, aircraft entering or leaving Brunei Darussalam may fly, and as to the conditions under which aircraft may fly from one part of Brunei Darussalam to another;
(vi)
providing for the conditions under which passengers and goods may be carried by air and under which aircraft may be used for other commercial, industrial or gainful purposes, and for prohibiting the carriage by air of goods of such classes as may be specified in the regulations;
(vii)
minimising or preventing interference with the use or effectiveness of apparatus used in connection with air navigation, and for prohibiting or regulating the use of such apparatus, and the display of signs and lights liable to endanger aircraft;
(viii)
minimising or preventing interference from electrical apparatus in the vicinity of aeronautical telecommunications and radio navigational ground installations;
(ix)
generally for securing the safety, efficiency and regularity of air navigation and the safety of aircraft
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B.L.R.O. 6/2024 15
and of persons and property carried thereon, for preventing aircraft endangering other persons and property, and in particular, for the detention of aircraft for any of the purposes specified in this sub-paragraph;
(x)
providing for Rules of the Air;
(xi)
providing for the maximum flight duty hours of air crew;
(xii)
requiring persons engaged in, or employed in or in connection with air navigation to supply meteorological information for the purposes of air navigation;
(xiii)
regulating the making of signals and other communications by or to aircraft and persons carried therein;
(xiv)
prohibiting or restricting any aircraft from flying over such areas in Brunei Darussalam or in the vicinity of an offshore installation as may be specified by notification;
(xv)
providing for the manner and conditions of the issue, validation, renewal, extension or variation of any certificate, licence or other document required by regulations, including the examination and tests to be undergone, and as to the form, custody, production, cancellation, suspension, endorsement and surrender to any such document;
(xvi)
regulating the charges that may be made for the use of Government airports or airport licences under regulations, and for the services provided at such airports;
(xvii)
requiring the payment of charges, of such amounts and in such currencies as may be prescribed in the regulations, in respect of navigation, communications and air traffic control services;
(xviii)
prescribing the fees to be paid in respect of the issue, validation, renewal, extension or variation of any certificate, licence or other document or the
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undergoing of any examination or test required by or in pursuance of regulations, or in respect of any other matter in which it appears to the Minister to be expedient to charge fees;
(xix)
exempting from any provisions of any regulations any aircraft or person or classes of aircraft or persons;
(xx)
prescribing anything required to be prescribed and generally to carry out the provisions of this Act.
(2)
Any regulations made under subsection (1) may authorise the
Director to make and issue orders or directions with respect to such matters, as they may prescribe.