NIGERIAN CIVIL AVIATION AUTHORITY (ESTABLISHMENT, ETC.) ACT

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NIGERIAN CIVIL AVIATION ACT

CHAPTER N94 LAWS OF THE FEDERATION OF NIGERIA, L.F.N. 2004

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EXPLANATORY MEMORANDUM

An Act to repeal the Civil Aviation Act Cap. 51 Laws of the Federation of Nigeria, 1990 as amended and to re‐enact the Civil Aviation Act to provide for the regulation of Civil Aviation, establishment of the Nigerian Civil Aviation Authority; and for related matters

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ARRANGEMENT OF SECTIONS

PART I – Control of Air Navigation

1.     Control and Supervision of civil aviation.

PART II – The Nigerian Civil Aviation Authority

2.     Establishment of the Nigerian Civil Aviation Authority.

PART III – The Governing Board of the Authority

3.     Membership of the Governing Board.

4.     Tenure of Office.

5.     Cessation of Office.

6.     Allowances, expenses, etc., of Chairman and members.

7.     Functions of the Board.

PART IV – Staff of the Authority

8.     Director‐General of the Authority.

9.     Appointment of secretary and other staff by the Board.

10.    Conflict of interests.

11.    Pensions; Act No. 2, 2004.

PART V – Financial Provisions

12.    Air ticket and cargo sales charge.

13.    Fund of the Authority.

14.    Expenditure by the Authority.

15.    Power to accept gifts.

16.    Power to borrow and invest.

17.    Exemption from tax.

18.    Duty to be Financially Prudent.

PART VI – Information, Notices, etc.

19.    Power to request for information.

20.    Restriction on disclosure of information.

21.    Service of notices.

22.    Service of documents.

PART VII – Miscellaneous Provisions.

23.    Power to acquire land

24.    Limitation of suits against the Authority.

25.    Restriction on execution against property of the Authority.

26.    Indemnification of Officers.

PART VIII – Investigation and Enforcement

27.    Power to investigate, impose fines and enforce.

28.    Directions by the Minister.

29.    Investigation of accidents/Accident Investigation Bureau.

PART IX – The Authority’s Power to regulate Civil Aviation

30.    Power to regulate air navigation.

PART X – Functions of the Authority

31.    Functions of the Authority.

PART XI – Control of air Transport Undertaking

32.    Licensing of air transport undertakings.

33.    Eligibility for licenses, permits, etc.

34.    Air Operator Certificate (AOC) and other safety certificates.

35.    Variation, suspension and revocation of licenses, permits, etc.

36.    Supplementary Provisions relating to Licenses, permits, etc.

37.    General duties in relation to licensing functions of the Authority.

PART XII – Provision of Aerodromes, Control of Land for Aviation Purposes, etc.

38.    Power of Minister to approve the establishment aerodromes.

39. Eligibility for an aerodrome license.

40.    Duty of the Authority to consider environmental factors when licensing aerodromes. .

41.    Fixing by Reference to noise factors, the charges for using licensed aerodromes.

42.    Requirements for approval of aerodrome security programme.

43.    Requirements for approval of airline security programme.

44.    Security surveys, audits, tests and inspections.

45.    Security checks of persons and baggage.

46.    Obstructions near aerodromes.

47.    Trespass on aerodromes, etc.

PART XIII – Special Provisions as to Trespass, Nuisance, Salvage and Patents, etc.

48.    Carriers’ Liability.

49.    Actions in trespass, nuisance and damage from aircraft.

50.    Application to aircraft of law of wreck and salvage.

51.    Patent claims.

52.    Infringement of patent.

53.    Detention of aircraft.

PART XIV – Offences

54.    Offences.

55.    Dangerous flying.

56.    Hijacking and Interference.

57.    Offences of endangering safety, destroying or damaging of an aircraft in flight, etc.

58.    Prohibition of unruly and indecent conduct.

59.    Offences at aerodromes.

60.    Destruction of, or damages to, air navigation and other facilities.

61.    Duties of operators and personnel.

62.    Transportation of dangerous goods.

63.    Federal High Court to try offences.

PART XV – General

64.    Power of the Authority to make rules for protecting public health.

65.    Emergency powers for protecting public health.

66.    Power of Minister to make orders in emergency.

67.    Designation of essential Services.

68.    Bilateral exchanges of Safety oversight responsibilities.

69.    Regional cooperative aviation safety agreement.

70.    Aviation safeguards.

71.    Compensation schemes for passengers and other allied aviation services consumers.

72.    Regulation of sale, distribution and provision of allied services.

73.    Application of certain conventions.

74.    Insurance.

75.    Air services agreement.

76.    Periodic publication of aviation policy.

77.    Repeals and savings provisions.

78.    Definitions.

79.    Short Title.

SCHEDULES

FIRST SCHEDULE – Convention for the Suppression of Unlawful Seizure of Aircraft

SECOND SCHEDULE – Convention for the Unification of certain Rules relating to International Carriage by Air (Montreal, 1999)

THIRD SCHEDULE – Modification to the Convention for the Unification of certain Rules relating to International Carriage by Air

FOURTH SCHEDULE – Convention on International Recognition of Rights in Aircraft, 1948

FIFTH SCHEDULE

SIXTH SCHEDULE – Supplementary Provisions with respect to the Proceedings of the Board and other matters

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NIGERIAN CIVIL AVIATION ACT

An Act to repeal the Civil Aviation Act Cap. 51 Laws of the Federation of Nigeria, 1990 as amended and to re‐enact the Civil Aviation Act to provide for the regulation of Civil Aviation, establishment of the Nigerian Civil Aviation Authority; and for related matters.

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[Commencement]                               [14th November, 2006]

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ENACTED by the National Assembly of the Federal Re

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