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Civil Aviation (Fees and Charges) Regulations

Commencement: 13 May 2002

CIVIL AVIATION (FEES AND CHARGES) REGULATIONS

Order 16 of 2002

ARRANGEMENT OF REGULATIONS

1. Examinations
2. Certificates of registration
3. Certificates of airworthiness and airworthiness related matters
4. Aerodromes
5. Organisations
6. Other fees and charges
7. Payment of fees and charges

8. Recovery of fees and charges
9. Refund of fee or charge
10. More than one application
11. Services provided outside Vanuatu
12. Repeal
13. Interpretation

SCHEDULE − Fees and Charges Tables

To provide for certain aviation fees and charges.

1. Examinations

(1) Fees and charges in respect of technical examinations and flight tests for, and the granting or renewal of, aviation licences, ratings or certificates are payable in accordance with Table 1 in the Schedule.

(2) If a flight test is unable to be completed because of weather, aircraft unserviceability, or any other factor beyond the control of the applicant, any money paid for the test must be applied by the Director towards the rescheduled test.

(3) If a candidate applies to sit or undergo a technical examination or flight test, and subsequently withdraws from that examination or test, the Authority must refund to him or her 80 percent of the relevant fee paid by the candidate if notification of withdrawal is received more than 7 days before the date of the examination or test.

2. Certificates of registration
Fees and charges in respect of certificates of aircraft registration are payable in accordance with Table 2 in the Schedule.

3. Certificates of airworthiness and airworthiness related matters
Fees and charges in respect of certificates of aircraft airworthiness and related matters are payable in accordance with Table 3A and Table 3B in the Schedule.

4. Aerodromes
Fees and charges in respect of operating certificates for aerodromes and related matters are payable in accordance with Table 4 in the Schedule.

5. Organisations
Fees and charges in respect of air operator certificates and other organisations providing aviation services are payable in accordance with Table 5 in the Schedule.

6. Other fees and charges
(1) Fees and charges in respect of the miscellaneous matters listed in Table 6 of the Schedule are payable in accordance with that Table.

(2) If, for any purpose under the Act or any regulations or rules made under the Act, any person employed or engaged by the Authority carries out:

(a) the assessment of an application in respect of the grant or renewal of any licence, rating, certificate, approval, other document or matter; or

(b) any monitoring of any thing,

a charge of VT 8250 per person hour is payable in respect of that work if a fee or charge is not prescribed in respect of that work under these regulations.

(3) No fees are payable in respect of the issue or renewal of any licence, rating, certificate or approval under these regulations in any case where the applicant is an employee of the State and the licence, rating or certificate is required by the applicant in the performance of his or her duties.

7. Payment of fees and charges
(1) Subject to subregulation (2), any person who makes an application in respect of any licence, rating, certificate, approval, other document or matter specified in regulation 1, 2, 3, 4, 5 or 6 must pay to the Authority the appropriate fees and charges specified in Tables 1 to 6 (whichever applies) on or before the person makes the application.

(2) Fees and charges payable under these regulations on a per person hour basis are payable upon the issue of an invoice by or on behalf of the Authority and within the time specified in the invoice.

(3) The fees and charges payable under these regulations are payable in Vatu and do not include value added tax under the Value Added Tax Act [Cap. 247] which is an additional payment.

(4) Until the appropriate fee or charge has been paid, the Director may refuse to do any act, or permit any act to be done, or to receive any document, in respect of which that fee or charge is payable.

8. Recovery of fees and charges
All fees and charges payable under these regulations are recoverable in any court of competent jurisdiction by the Authority.

9. Refund of fee or charge
If at any time within 3 months after the payment of any fees or charges under these regulations the Director is satisfied that an excess payment was made or that a payment was made in error, a refund of the excess or the amount paid is to be made to the person concerned.

10. More than one application
If an applicant applies for more than one type of licence, rating, certificate, approval or other document or matter specified in the Schedule, the applicant is liable to pay the fee or charge prescribed in respect of each licence, rating, certificate, approval or thing.

11. Services provided outside Vanuatu
If in relation to any matter for which a fee or charge is payable under these regulations any person employed or engaged by the Authority is required to travel outside Vanuatu, then, in addition to any other fees or charges payable under these regulations, the following are payable:

(a) the reasonable travel costs incurred by that employee or person; and

(b) a charge in respect of the traveling time of that employee or person, being an amount calculated at the rate of VT 8250 per hour.

12. Repeal
Part 14 of the Civil Aviation Regulations Order 22 of 1984 is repealed.

13. Interpretation
In these regulations, unless the contrary intention appears:

“Act” means the Civil Aviation Act [Cap. 258];

“Authority” means the Civil Aviation Authority;

“Director” means the Director of Civil Aviation.

SCHEDULE