Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698835475330.pdf (Sierra Leone)
BILL Supplenent to the Sierra Leone Gazette Vol.

CLXIY, No.

14 dated 23rd Mqrch, 202i TI{E CIVIL AVIANON ACI, 2023 ARRANGEMENT OF SECTIONS Section.

l. IoterE€tation.

2 Application PART I.+RELIMINARY PAKTtr-TIIE SIERRAI.EONE CMLAYIATIONAUTHORITY 3.

Continuation of Authority.

4.

Boad ofArltority.

5.

Tenure ofrnembcrs.

6 Meetings of Bodd 7.

Disclosurc of interesl & Imnmity ofnembers.

9.

SedEtary to the Boed.

10- Cormriuecs of Boad.

ll- Functioros ofBosrd 12 Remuneration ofmembers.

13.
13.

Finingofvacancies.

PARTIIrcBJBCTS,FUNCTIONSANDPOWERSOTSIERRALEONECIyIL AVIAIONAUTIIONTY 14.

ObjectofAuthority.

15.

Frmaiom of Ardiority.

16.

Powers ofAutodty.

17.

PowenofDicaor{eneral 1& Power to obtail information- 19.

Power ro issre compliance orders.

L Emergency orders.

21.

Power to grant exemptions.

PARTIV-ADMINISIRATIVEPROVISIONS 22 Amointm€nt of DLector4eneral 23.

Frmdioos of Drecbr4eneral.

24.

Power to delegate.

25.

Public futercst 26.

Other shff of Arltority 7.


Secondmem ofpublic officers.

28.

Prote,ction ofofficers and stafF- ll D. Indemnity of officers.

30.

Limiffiion of action against Authority.

31- C,ooperaion with otber agencies.

PARTV-FINANCIALPROVISIONS 3a Funds of Authority.

33.

IDve,sheot of fimds of Authority.

34.

Estimates ofincome and expenditure ofAuthodty.

35.

Ac€out and audit of Authority.

36.

Financial year ofAuthority.

,.


Annual r€port 3& Int€rnal audil PARTVI_AIRSPACE CONTROLAND EACILITIES 39.

Use ofairspace- 20.

Regularion ofair space.

4l- Authority to ent€r lD.

Bilateral excharye of safety oversight responsibilities.

into cooperative aviation agreement.

.

PARIVII_NATIONALITYANDAIRCRAFT OWNERSHIP 43.

44.

45.

4.

47.

.|6.

Aircraft registration.

Recording oflntercst in Atcraft.

Records ofbirths and deaths in aircraft- Exemption tom seizure ofaircraft on patent claim.
Pat€nt claim not protected rmder Chicago Convention.

Deteotion ofaircraft.

PAIOVU-SAFETY REGT'I.

{TIONOFCIULAVIAIION Genefal safety powers and duties.

State Safety Programme.

flight.

Power to pr€vent Right to ac€ess.

Safety assesrnent for foreign air operaton.

Personnel licence.

Airworthiness c€rtificate.

Air Operaor Certifi cate.

Privileges of licence, certfficate and adhorisdion.
Alryroved maintenance and training organisations- Foros ofapplication- Airports and air navigation facilities mfety standards.

Limitaaion on construction of refirse disposal- Duties ofah operator and prersonnel.

Iospection ofaircraft.

Am€n&nenq modifi catiorq suspension and revocation of certificate Prohibition.

Training school.

49.

50.

5t.

5Z 53. v. 55.

56.

57.

58.

59.

@.

61.

62.

63.

64.

65.

6. tu 67.

68.

69. m. 71.

72.

Validati@.

Right to access for iospection.


Documefi to be caried on board aircraft Transportation of dangerous goods by ah.

Certif csrion of aircrat mainterrance organisatioos.

Certificadon of aviatioo Eaining, orga.oisations.

PART D(-AIRCRAFTACCIDENTSAND SERIOUS INCIDENIS INVESTIGATIONS Application of this Part Establisbment of Sien-a kone AircraftAccident and hci&nt InvgtigacioD Bureau Funds ofBureau.

Atcraft accident victims and families.


Objectives of investigations- Functions of Bureau Powers ofBureau Appointrnent of Commissioner.

Fr.mctions of CosuDissioner.

Powers of Comnissioner.

Appohtnent of Investigator-in-Charge.

Appoirtnent of other staff.

Investigaion jurisdictions.

Notification of accidents and serious incidents- De.ision as to extent of investigation.

Delegation of investigation.

Duty to avoid conflict of intercst Preservation of evidence.

hotection of in vestigation records.


AdminisEation of balarcing test.

Iavestigator not compellable witness.

Draft 6nal reprort on investigation Final report on investigation.

Safety recomnendadons.

Re-openiag of investigation.

Offence.

74.

15.

'16.

n. 78.

79.

80.

81.a a.

&1.

&5.

86.

87.

88- 89.

90.

91. c2.

%.

94,.

95.

%- n. qt.

PARI X.€CONOMIC REGI,JTATIONS 99.

100. l0l.

LO2.

103.

104.

105.

Air t"aosport licenc€s.

Aerial work pendt.

Air routes and airways.


Ccrtifi carion of aircraft maintenance organisatiom.

Cenification of aviation trainhg organisalioos- Terms and conditions oflicence.

Foreign air operators to be liceDsed 106- Power ofAuthority to mdify, suspend or revoke licence.

Itr.

CharBes.

16.

Application ofMontrral Convedion on Unification ofRules.

109.

Ah transport s€rvices ins:rance.

PART)O-ESIIABLISTIMENTANDMANAGEMENTOFAERODROMES ll0.

Esrablishmenlofasrodrcmes.

I11.


Arhorisation for establishment of acrodrome.

ll2 hblic aerodrome certitrcare.

l13.

Ptilate aso&orne certificare.

ll4 ENironment4l factors to b€ considercd in establishing aerodromes.

ll5.

Pow€r to certify aerodromes.

1 16.

66166s, immig-atioa aDd health services.

I17.

Obstuctioas neilr aemdrome.

ll& Trespass on aemdrome.

I 19.

Restrictiol on us€ of adjac€nt land.

PART )(II -AVI,ATION SECIJRITY lA.

Aviation security- '121.


Aviation Secudty Policies l2Z Nalional CivilAviation Security Pmgnmme.

123.

Power to $op and seach- lzt Advanc€d Passenger Information System and Passenger Name Record Sj/ste0 125.

S:eqrity Oversight UniL PART )Otr - OFFENCESAND PENAI.

;TIES 126.

Offences.

17.

Civilp€dalties.

128.

General criminal penalties.

l?.

Unlawftl seizre ofaircraft.

130.

Interf€rerce wilh cr€w members, eta.

13l.

Other civil airtraft ofences.

lr.

Weapm aod ex?losive violation.

133.


Interferencc with safe operation ofaircraft.

134.

Unlawful intcrference with civil aviation- 135- False inforoaion !36 Removin& concealing or withholding part ofaircraft involved in accidenL 137.

Daogemus goods.

13& Prosecution by Afiorney€eneral 13.

Procedre for civil pemlties.

PART)OV-MISCELI-ANF'US PROVISIONS 140.

14l.

Sovercignty over the Airspace of Sierra Leone Regulation for safety of navigation.

la.

143.

144.. 145. t$.

147. t,A.

149.

150.


151. l5z 153.

154.

155.

156. t57.

158.

19. t@.

t6l.

t6L 163.

16/.. t65.

166.

167.

168. t@.

170.

171. tIz 173.

174.

175. t76.

tn.

178. tn.

t80.

181.

182 r83.

184.

185.

Interceptiotr of civil aicraft Misuse of civil aviation prohibited.
Non+cheduled flight Scheduled air services Cabotage Pilotless aircraft hohibited e€as Landing at customs airport ApplicadoD of aviation regulaions Rules ofthe at EnEy and clearanc€ regulations Prevention ofthe spread of disease Airport and relared charges Search ofaircraft Registration of aircraft Siera Leone registered aircrat and nationality Dual regist-ation prohibited [,aws goveming regisfation Display ofmarts Report of Registratiotrs Facilitation of Formalities Cusloms and immigration proc€dwes Customs duty Aircrafl in distress InvestigalioD of Accidenls Air navigation Facilities ard standard syst€ms Aircraft radio equipment Certiflcates of airworthiness Licenses of personnel Recognition of certificates and licerses Joumey log bools Cargo restrictions Photographic apparaurs Adoption of intemational standards ard procedures Departwes fom international standards aad procedures Endomement of certificates and licenses Validity ofendorsed certificates and licenses Designation of routes and airports Registration of New arrangemeDts Tramfer of Certain Fuetions aod Duti€s Penalty for nonronformity of airline Repeals.
Savings.

Regulations.

No.

2023 Sierra Leone A BILL ENTITLED THE CIYIL AVTATION ACT, 2023 Shorr title.

Being anAct to pmvide for the repeal aud replacsnent ofth€ CivilAviatbnAct 2019 (Act No 7 of4l9) to prcvile foran efiective to provide for the eviation safety atrd security oversight syst€m; itreorporation of tbe requirements ofthe Cbicago and Montreal Conventions into domestic law aDd to provid€ for other relsted matters' r r Datc of coo- Itrcncamcnt.
Exncro by the President and Members ofParliament in rhis present Parliament assembled.

2 No.

Civil AvtutionAct 2023 lnt.rpretalion.
t. In this Act unless ihe context otherwise require$- PARTI PR,EI..IMIN,A'RY "air ticket sales cbarge" means a chage levied for air travel in Sierra Irone in accordance witt section 2 oftte ForeignTravel Tickst TaxAcq 1975 (Act No.14 otln\; 'Afiom€y.General" meaDs theAttomey G€na-al and Minister of Justice; "Auditor General" means the Auditor General appointed ttnder section 119 ofthe Con$ihnion of Siermkone,1991: 'Autboritf means the Sierra teone Civil Aviation Authority refen"d to in section 3; 'balancing tesf means the determination by the Supr€me Court of Sierra Leone of the impact a disclosure or use of accident and incident investigation rccords may have on crrrcnt or fiSure investigations; 'Board'manx the Board ofDirectors ofihe Authority referred lo in section 4; "Bureau" means the Sierra t eone Aircraft Accident and Serious lncident Investigation Bureau establishd rmder s€ction 74; "Chicago ConventioD" meaas th€ Convention on Intemational Civil Aviation concluded in Chicago, U.S.A. on the 7th December in I 9zl4 and came into effect in 1947, its Articles which govem the actions of the contractiDg States in natters ofinternational civil aviation safety directly and the Annexes to the Convention, wtich set [ntemational Civil Aviation Organiration Standards and Recommended Practices; 'titizen ofSierra l,eone" meanr Na Ctuil.4viaiion llct 2023 3 (a) an individual who is a citizen ofSiera Leone; (b) a partnership of which each member is a citizen ofSiera Leone; or (c) a corporation or association
 registered',nder the laws ofSierra Leone; "civil aircraff means an aircrafl, other lhan a state or public aircraft; "connnercial air transport operation" means an aircraft operation involving the transport of passengers, car3o orrnail for remuneration or hfue; 'contracting state" means a contracting state lo the Chicago Ccnvention; "C.uncil" means the Council ofthe Intemarional Civil Av'iation Organisation; -court" means a cout of competent jurisdiction; "crew merrber" means a person assigned to perforo duties on an aircraft duing flight; "Director{eneral" means lhe DirEctor4eneral of tle Civil Avialion Autbority appointed under se.ction 22; "domestic commercial air n'ansport" means the carriage by aircraft ofpersons or prop€rty for r€muneration or hire or the carriage ofmail within Sierra Leone; "emergency" means a sudden serious event or siuration which requkes immediate action lo avert and or mitigate an aviation disasteri 4 No.
CtviiAtidticn ,4ct : G2_1 "forcign air operator" means ar5, 6p61216r, not beiDg a Sierra Leone air operator, w'h ich undertakes, n hether dLectly or indirectly or by lease or any other aE-angement, to engage in commercial air transport operadons within borders or airspace ofsierra Leone- whether on a scheduled or chnrter basis; "general aviation operation" means an aircraft operation ofa civil aircraft otlrer than a commerciai air transport operation or aerial work operation; "Government" means tie Govemment ofSiena Leone: "Intemational Civil Aviation Organization" means tbe Intemational Civil Aviation Organisation established by the Chicago Convention, as a specialised ageuc_v- of tlre United Natiom charged with the responsibiliry of coordinating and regulating intemational air transport; "intemational commercial air transport" meaDs the carriage by aircraft of persons or property for remuDeration or hire or the carriage ofmail benveen 2 or more countries; "Minister" means the Minister responsible for civ'il aviation; and "Ministry" shall be colstrued accordingly; 'National Platfonn" mears the National Platform for Disaster Risk Reduction comprising persons from different sectors and areas of training with diverse knowledge and skills brought together to advocate, plarq advise and promote the implementation ofthe Aarnework for action to prevenr or mitigata disaster; "ownef includes the actuai o*,ner of an airc,-afti No.
CivilAviation Act 2023 5 "passage" includes reasonable landing and stoppage c-ootitrr,liiott in the course, or for rhe purposes, of the pu"t"ge of ,rfitr; anaircraft.

co'p",,y.
co'p",,y.

"person" means an individual, firrn, partnership, corporation, company, association, joint stock association or other bcorporated body of persons, and includes any trusteg receiver, assignee, or other similal representative of these entilies; 'Sierra l-eone Airports Autbority" means the Sierra Leone Airports Authority established by the Siera trcne Airyorts Authority Aet, 1988 (Act No.
8 of 1988) "state aircraff' means an aircraff o*ned and operated for norrcorunercial purpose and by the go!€mment those used in rhe military, cusloms or police sewices of Sierra lrone or other stse enforcement bodies; "territory" means the territory of Sierra Leorc comprising the land areas and territorial waters adjacent thereto under its sovereignty, suzerainty, protectioD or mandate.
2 This Act and regulations made under it, shall apply, exc€pt Application' where expressly excluded,- (a) in or over any part of Sierra l,eone; O) to citizens of Sierra Leone; atrd (c) to persons on, an aircraft- @ rcgistered in Sierra l.eone; GD op€mted by a Sierra Lconean air op€rator; or (iD operated by an operator who has his principal place oftusiness or pemrfiitrt residence in Sierra Leonet 6 N.r CitilAviation Act 2023 (d) to aircrafts and to perscns on board an ahcraff, for the time being in or over Sierra Leone; (e) to holders of licences and cenifieates when exercising the privileges associr.ted tberervith outside Sierra Leone: (!
to fo;eign aircrafis in SietTa L!
'one; G) to Sierra Leone air navigation and civil aerodromes in Sierm L.€one: (h) to air transport sen'ices and aerial nor*s in Sierra Leone; (, to air navigation services i.n Sierra Leone and on behalfofSierra Leone; and 0 to afucraft accidents or serious incidents occurring- (D in or over Sierra Leonean territory or within the conesponding airspace; (ii) in waters lr.hich do not fall under the sovereignty of a state wlren Siera Irone is the state of registry 0D in the territory ofa contracting state of Ihe ltrtemational Civil Aviation Organisation u'hich does not intend to conduct an investigation in accordance with Annex 13 ol the Convention on Intemational Civil Aviation; and (iv) in the territory ofa non-contracting state of the International Civil Aviation Organisation *hich does not intend to mnduct an investigation in accordance with Annex 13 of the Convention on lntemat;onal CiYil Ariation.
No.

CivilAviation Act 2023 ,7 PARIU_'IHE S]ERRA LEONE CN'IL AVLATION AUTI{Orury 3.

(l) There is hereby continued iD existence, tlre body contiouation which immediately before the commencement of,hisAct, was ho; of Authoritv' as the Sierra l,eore Civil Av ialion Authority.
(2) The Authority shall be a body corporate having perpetual succession and capable ofacquirin& holding and disposing ofpropertli *'hether movable or immovable, and ofsuing and being sued in its corporate name and, subject to this Ac( ofperfonning all such acts as bodies corporare may by law perform.
(-1) The Authorit) shall have a common seal, the use of rvhich shall be authenticated by the sigmhrles of- (a) the Chairman or other member ofthe Board authorised either generally or specially by the Board in that behalf; and O) the Director-General or some olher person authorised by the Board in that behalf.

4.

(1) The goveming body oftheAuthorit-v shall be a Board Board or A'thotiry in which shall be vested, subject to this Act, the control and supervision of the Authority.
(2) The Board shall consist of a Chairman and the following other membem- (a) the Permanent Secrelary, Ministry of Transport and Aviation; (b) (c) the Dircctor4eneral, Minisry of Foreign Affairs; the Solicitor-General; (d) the Finaacial Secretary, Ministry of Frnance 8 No Civil A\iatiorl Acr 202J (e) 3 persors x.ith cognate experience in avratioL appointed by the President subject to the approval of Parliament; and (f) the Dire*or{enerai (3) The Chairman and other rnrmbeis referred to in paragraph 1e) ofsubsection (2), shall be appolnted b1, &e President on the recommendation of the Minister subject to the approval of Parliament, but a person shall not be appointed Chafman, ifhe has a financial interest, ra'haher directly or indirecti)'- in a business or undertaking in civil aviation.
Tenure ol tDembeJs.

5.

(l) The Chaiman and other menbers appointed under paragraph (e) of subsection 2 of section 4 shall hold office for a period of3 years and shall be eligible for re-appointnent for a firther term of3 years only.
(2) A person shall cease to be a meinber olthe Board on any ofthe following grounds- (a) inability to perfonn the firnctiors of his office by reason of infinniry of mind or body: (b) for proven misconduct; (c) ifhe becomes bankrupt or insolvent; (d) if he is convicted aDd sentenced for an offence involving &aud or dishonesty; (e) if he fails to attend three consecutive meitings of the Board without rasonable cause: (f) if he resigns bis office by written notice to the Minister.

No.
No.

Ci:il Aviarion Acr 2023 9 6 (l) The tsoard shait meet lbr the dispatch ofits business Meetings of as often as necessar)' but shalt meet at leasr onc€ every 3 months Bo*d. aDd at such time as the Chainnan may determine.

(2) The Chairman sball preside at every me€ting of the Bofi4 and in his absencr.

the members preseDt sball appoint amemb€r Rom among themseh es to preside at thal meeting.

(3) A nirimurn ol5 members ofthe Board may.


by notice in writing sigoed by tbem, re4uest dte Chairman to summon a special meeting of the Board for such pu4roses as may be stated in the notice.

(4) The Chairman or, in his absence, the member appointed to act in his behalfshall surnmo;r a special meeting within 5 days ofhis reeeipt ofthe notice referrcd to in subsectior (3).

(5) The quorum at a meeting ofthe Board shall be 5.
(O lhe Chairman or other penon presiding shall have a casting vote u,here there is an equality of votes.

(7) A proposal circulated among all members and agreed to in writing by a two-thirds majority ofall members shall be ofthe same force or effect as a decision made at a duly constitut€d meeting of the Board and shall be incorporated in the minutes of tte next succeeding meeting ofdre Board: hovided that.
ifa member requires that such prcposal to be placed before a meering ofthe Boarq this subsection shall not apply to that proposal.

(8 ) Tte Board ma;v co-opt a pe6on to attend and participate in its deliberations on any matter but such peBon shall not vote on any issue for the decision by the Board.

(9) The Board shall cause minutes ofau its meetings to be laken and signed by the Chairman anC kept in proper form.
l0 No Disclosure of intcrest procedure CitilA,riation Act ?0:3 (t0) Subject to this Act, the Board shall regulate its own 7.

(t) A member ofthe Board who has an interest, \4'hether direct or Indirect in a matter being considercd or to be considered b], the Board, shall disclose the nature ofhis interest to the Board and the disclosurc shall be recorded in the minutes ofthe Board and such member shall not take part in a deliberation or decision ofthe Board relathg to that matter.
(2) A member ofthe Board who cortravenes subsecrion ( I ) commfu a misconduct and shall be remoled from t}e Board.

Immunity of membe$.

8.

(l) An action or other proceedings shall not lie or be insituted agairst a member of tbe Board or member ola committee of the Board for or in respect ofan act or thing done or omitted to be done in good faitb in the exercise ofhis inctions rmder this Act.

(2) A member ofthe Board shall not b€ personally liable for a debt or obligation ofthe Authoriry.
Sccrctaj-a to the Board.

9.

(l) The Board shall, on the recommendation of the Director{eneral designate an employee of the Auhorit} as Seffetary to the Board who shall perform such fimctions as may be directed by the Board or the Director{eneral.
(2) The Secretary shall, in addition to any function ihat may be assigned to him by the Board or the Dircctorceneral, bt responsible for- (a) taking the mitrutes of the meetings of the Boar{ (b) keeping the official seal and records of all decisions ofthe Board; (c) the performance of such other functions as the Board or the Director{eneml, may &om time to time assign to hirn.

No.
No.

CivilAviation Act 2023 1l (3) Th€ Secretary shall, unless under exceptional in which the Board otherwise dirccts in writing, circumstanc€s atteDd all meetings ofthe Boar4 but sball not hav€ a right-to vote on a matter before the Board- 10.

(l) The Boarri may, for the discharge of its fiDctions, committe€s appoint one or more committees to perform such fimctions as ttre of Bosrd.

Board may detemine.
Board may detemine.

(2) A committee ofthe Board appointed rmder subseclion ( I ), shall mnsist ofmembers oftre Board or non*nernben or bolt as the Board may decide.

(3) Without prej udic€ 10 the geDerality of subsection ( I ), the Board shall appoint an Audit Committee consisting of such members ofthe Boar{ excluding the Director-Gensral, performing such functions as the Board may determine.

(4) A committee shall submit a repon ofits proc€ediDgs to the Board at such time as tbe Boad mav determine.

ll.
ll.

(l) Subject 1s this Act" the Board shall be responsible Functiotrs of Borrd.
for- (a) supervisioD of the Authority, including the sormd and proper fiaancial ov€rseeiDg management of tle Authority; (b) provision ofsuch poliry guidance and advice as will secure tbe efficient implementation of tbe fimctions of the Authority and enhance the overall performance oft e Authority; (c) determine and approve estimates, trcome atrd expenditure of the Authority; and (d) determine the terms artd conditions of emplolment of the staff of the Authority.

12 No.
12 No.

CivilAviation Act 2023 (2) The Board shall rypove the orgar{sational structure of lhc Authority which shall include a&ninistrative and technical departments, inspcctorate divisions and units necessary for the Foper fimctioning oftheAuthority in accordance with paragraph (c) of subsection (2) of section 17.

Rcmuncration of mernbcrs.


Filli6g of Yacancics 12 The Chainnau and the other members ofthe Board aDd a person co-opled by the Boarduder subsectioD (8) of section 6 shall be paid such remuneration; fees and allowances approved by the Minister ard shall be reimbursed by tle Authority for expenses incurred in connection with tlre discharge oftheir fimctions.

13.
(D Where the Chairmal or arember ofthe Board rcftned to in paragraph (e) of subsection 2 of section 4 dies, resigns, is removed ftom offce or is absent for a continuous pcriod exceeding 3 motrlhs or is by rcason of illness rmable to pcrform the functiom of his ofrce Iior a continuous period of6 monrbr (a) the members of thc Board sha[ as the case may be, elect one of their number to act as Chairman util such time as &e Chairman resumes his office or anotler is appointed in his steae and (b) in the case ofthe member, the Chairnran shall, subject to this Act, have another person appointed to the Board.
€) Wherc a person is epointed as Cbaiman or appointed a a member to 6ll a vacancy, he shall hold office forthe remainder of the tenn ofthe prcvious Chairman ormember, as the case may be, and shall, subject to tbis Ac!

be eligiblB for re-appointrnort.

PARIIII-OBJECTS, FUNCTIONS AND POWERS OF SIERRA IEONE CIVIL AVIANON AUTHORITY 14.
The object of the Audority is to promote safery, security andfacilitation, economic and environmental efficiency of civil aviation in Sierra l-eone by regulating including licerlsing certi$ing and authorising civil aviatioq in accordace with the obligations of Sierra Leone rmder the Chicrgo Convention and other applicable intemational agreements, in order to- Obicct ofAuthority No.
Civil Aviation Act 2023 13 (a) meet intemational and domestic demands for air transportation and cargo services in Sierra Leone; Q) provide oversight in the operation and maintenance of aerodromes and related aviation facilfies; and (c) advise Govermnent on the effcient development of the aviation industry.

15.
Q) The Authority shall be responsible for civil aviation Fuo{tiotrs of in Sierra Leone and the implementation and enforcement of thisAd Aut[otitv' and regulatiom made under it and the obligations of Sierra Leone tmder th€ Chicago Convention and other applicable international agreements- (2) Without prejudice to the generality ofsubseclion ( I ), the Authority shall have responsibility to- (a) be the national competent adtodty for the implementation and coordination of krtem*ional CivilAviation Organisation aod otber civil aviation matters.
O) prornote ad develop safety and seority in civil aviation, including oversight; (c) put in place armngements to Eain its staffto acceptable standards and competetrcy forthe performance of their duties; (d) emure due compliance with the conventionis, annexes, protocols, standards and recomnended practices of the Interoational Civil Aviation Organisation; 14 No Civil Aviotion Act 2023 (e) establish a State Safety Prograrnme and a National Surveillanc€ Prograrnme to achieve an acceptable level ofsafety in civil aviation; (f) develop guidelines and guidance for the implementation of a safety maDagement system that requires operators and stakeholders in the aviation sector to incorporate safety managernent systems in theh operational activities; G) enter into agr€ements for co-operative endeavours in the field of civil aviation, aviation safety and security with other contracting states, interD;tional and regional organisations; (h) enforce the requirements contained in the National Civil Aviation Security Progmmme; @ iicense and register aircmft and ensure safety of air navigation and aircraft, including airworthiness: 0) cotlaborate in securing, to the highest degree practicable, uniformity in regulations, standards and procedures in relation to aircraft, personnel, airways and auriliary services in order to facilitate and iroprove air navigtionby adoptingand amending whete practicable, the standar& and rccommended practic€s and technical guidelines issued by the InterDational CivilAviation Organisation to contracting states ard model regulations developed by a Regional Safety Oversight Organisation of which Sierra Leone is a member: No.
CtvilAriation Ac, 2073 l5 (k) enter into mutual agreemeots in the event of lease, charter or intcrchage ofan aircraft for the transfer of all or part of the safety oversight responsibilities in respect of the aircraft to ensure continuous surveillance of the registered aircraft to the state of the operator; (l) register ed de-r€gist€r- O aircrafts; (D intercsts in aircmfu or a part of aircraftg including tbe recognition ofthe talidity ofcertificates or licences of foreign regisered aimafls; (m) recognise cenificates of airworthiness, certific*es ofcompetency, radio lic€nc€s ed other licerres issued by other contractiag states; (n) license and certi$ civil aviation inspectors, security persmnel rcsponsible for screening special agents, auditors or other properly licensed or certified persons; (o) make regulations with respect to security measures for lhe purpose of safeguarding civil aviation against acts of criminal violence, air piracy, the introduction of unauthorised \yeapons, explosives or incendiary devices onto an aircraft; (p) license air t'ansport, subject to r€lev".nt rdles a:rd directives in force, for the economic regulation of airports, airlines, airport catering gromd handting service operators, aviation freight forwarders and other providers of ah kansport services; t6 No Civil Aviation Act 2023 (q) IiceDse and register aAcrat so ils to ensure airworthiness of atcrafts and safety in air navigation; (r) coordinate and participate in aeronautical search and rescue: (s) Iicense aircraft operations
 personnel including coclpit and cabin crew, flight and groud engineen, air traffc c.ntoll€rs, flight dispatchers, air traffic seryice and elecbonics persoonel; (t) t-ain md license persons engaged in-- f) oversight and monitoring; (n) maintenance, operation and air traf,Ec services; GD aviation securry; (u) certi!,lir:ense and authorise aerodromes and air navigational services and providers; (v) regulate, promore and develop air tansport operdions and services; (w) regulate and co-ordinate civil aviation fuefighting services and facilities within Sierra kone; (x) emure ef,Ecient utilisation of the navigable airspace, including the provision ofrules for- @ safe altiarde offlighq No.
Civil Aidtion Act 2023 l'1 [f prevention of collision between aircraffs, between aircraft aod land or water vehicles and objects, and betweeo aircraft and other airbome objects; Gt th€ interception and safeguarding of aircrat (y) provide facilities and personnel for the regulation ofairt-affic; (z) lev.v ofcharges for services provided by the Authorit-y for the use of the frcilities of &e Authority and for the issue of licences, permits atrd certifi cates; (aa) provide facilities and personnel for the regulation of aviation security; (bb) cenify and regulate air t-avel agencies; (cc) ensure that air operators, aerodrome operators, concessionates and users of aerodromes abide by the environmental protection Iaws and regul,ations includitrS protectiotr from aircrafl noise, engine ernission, handling of hazardous marerial, petroleum product seepage, waste management atrd applyiry the appropriate sanctions in the event of violation; (dd) regulate the use of aeronautical chars and rmits of measurement in air and ground operations; (ee) publish and disseminate aeronautical information pertaining to civil aviation; l8 Nc Civil Apialion .Act 2023 (fi) establish, develop aEd manage training facilities for the purpose of training of employees in subjects necessary for the proper performancc of the Aurhority; (qq) represent Sierra L.one in matters relating to civil aviation; (hh) advise the Govemment on matt€rs relating to civil aviation including the execution and implementation of international civil aviation agreements; Qi) receive, coordinare and manage InterDational Civil Aviation Organisation state leters and related matters; S) take measures to ensure that aerodrome operators provide adequate level of rescue and firefighting services for the category of aerodromc; (t:k) auihorise, licence and certi!
aviation service pmviders including ground handling service providers, aviation fuel suppliers, catering sewice providers, cargo and mail delivery service pmviders and any other allied aviation service providers; (lI) regulate siting, design, construction, operatioo, maintenance and safety managernent of aerodromes- (Irm) regulate th€ establishment and use of aerodromes ircluding the cotrtol ofactivities or development of facilities likety to attract wildlife on or in tbe vicinity ofaerodromes; lio.
Ci"*il -4viation Acl 20:3 l9 (nn) regulate standards in aeronautical meteorological sen ices for the safe conduct of civil aviation operations; (oo) require persons engaged in or employed in or in connection with air navigation to supply meteorological information for the purposes of air navigation.

(pp.)
(pp.)

gmnt aircraft radio station licenses, (qq) regulate aeronautical radio frequency specaum utiiisation in Sierra Leone; (rrt prohibit and regulate thc installalion of structures, which by virme of height or position is considered to endanger the safet-v of air navigation; and (ss) perform such other functions as are necessary for the attainment ofrhe objects ofthe Autbority.
(3) The Authority shall by regulation require that a civil aircraft operating imder its registry or operared by its air opcrators to comply with intercepdon orden from olher states.

16.
16.

(l) The Authority shall have, for the performance of iE Poecrs.of Authotrtv' fi$ctions ulder this Act, the power to- {a) receive gifts, grants, donations or endorvments made to it or any other monies in respect of it and to mak€ legitimate disbursement thereofin accordance with this Acr; 1}) invest monies not immediately required for its purposes in tbe manner provided in this Act or any other BTitten lalv; m No.
Civil Aviarion Act :02J (c) delegate the performance of its duties and fimctions to other persons.

in accordance with a wrinen contract in that r€gard; (d) establish subsidiaries and enter into such joint ventures, partnerships and other associations with public or private itrstitutions as it may consider necessary to enable it to coDtluct its affairs, perform its firnctions and discharge its duties; (e) acquire, hbe.

hold.
hold.

lease ou1, dispose ofall types of asse* or property including land: hovided that the Authority shall not sell, let or othq w*ise dispose of a building, land or other assets vested in it except with the consent ofand subject to any conditions that may be imposed by the Goverument; (0 let or hire plant, machinery equipment or other assets acquired or required by the Authority, as tbe case maybe: and (g) appoint a body or bodies to advise it in relation to tbe pertbrmance of ils functions.
(2) Notwithstanriing subsection (l) the Authoriry shall- (a) promulgate rules and regulations goveming the notification and reporting of incidents involving aircrafts at aerodromes; (b) cary out investigations into complaints or occurences relatiDg to aviation safety and security, after due notice to the persons concerned; Nt-r Civil Ayiarion Act 2023 2l (c) b)' order requi.re a person to take such action as may be necessary to prevent firther violation of ihisAct, regulations.
rules, orders or directives; (d) take necessary steps or corrective actions, ilcluding the grounding of an aircraft or sealing premises of an air t-ansport service provider or provider ofallied avi ation service, in order to implemenr &e findingq of accidents and incidents investigations and ensure compliance wirh this Act and the regulations, rules, orders or directives made under it; and (e) implement mandatory pmitive and voluntary non-punitive incident and accident reporting system and protect the identity of a person or organisation who offer information towards the perfonnance of its functiotrs under this Act and regulations made mder ir 1?.
(l) Ihe Direaor4aneral shall have powerto perfonn such acts.

including issuing and amending directives, orders, rules, regulations and procedures and conduct investigations other thatr aircraft accidens and serious incidetrts, pursuatrt to and in accordance with this AcL Posers of Diaector- Ceneral.
(2) Not*'ithstanding the generaliry ofsubs€ction (l), the Director{eneral shall have Power to- (a) publish repors, orders, decisions, rules, and regulations issued under this Act in such form and manner as may be best adapted for public information and use; O) take evidence, issue subpoenas, and take depositions in the conduct ofpublic hearings or investigations authorised by'' this Act; 1) Nrl.
Cit ilAvialianAct :6r 1 (c) establish, subject to the approval of the Board, the organisational structure of the Authority w'hich shall include administrative and technical departments, inspectorate divisions and units necessarl for the proper hrnctioning of the Authorit)'.

(d) appoinf subject to the approval ofthe Board, senior staff of the Authodty.

(e) appoint such other stallas may be necessary for the proper discharge of tbe fi.rnctions of the Autbority to Pow€a obtain information 18.
(l) The Direcror-General shall have power, in the performance of his functions under this Act te- (a) require, by notice in lrriting, an air operator or an aviation service provider to fumish, in such form and manner and raithin such time as may be specified in lhe noticq periodical or other informatioq estimates or returns concerning such maften as may be specified in tlre notice; O) interview an air operalor or a aviation service proyider andrequire such operatorto fumish such particulars as the Director-General may require; and (c) require, bl,notice in $riting, an air operator or an aviation service providcr to complete a form.contained in the notice witl particulars relaling to a matter specified in the notice and to retum it in such manner and within such time as may be specified.
@) A notice refened to in subsection ( I ) - N*(} CivilAtiation Acl 7023 B (a) may be servedby deliyering itto drc operator or aviation service provider to whom it is addressed or by sending it by registsed post to the last loo\tr address of such operator or aviation senice provider; (b) shall state thal it is served in exercise ofthe porvers conGrred rmder this section and shall include a general statement of the purpose for rvhich the infonnation, estimates, returns or particulars are required.
(3) Wlen a request to frrnish information, estimates, retums or particulam is made under subsection ( l) it shall be ftmished by the air operator or aviation service provider concemed or a person specifically authorised for that purpose.
(4) Subject to this section, an air operator or aviatior service provider shall, to rhe best ofhis lnowledge and belie{ answer when so required, questions put to him orally or in wdting by the Director{eneral or an omcer of the Authority aulhorised in that behalt not later thaa the date specified in the notice.

(, A retum or other commercially sensitive infonnation collected by the Authority under this section shali not be disclosed to a p€rson, unless a horised under subaection (6).
(O A reurn or other information refened to in subseclion (5) may, subject to the directions of the Director-General, be disclosed- (a) to a person ifrequired forthe performance of that pe$on's functions under this Act; @) ifrequired by law or as evidence in a court of law.

24 No.
24 No.

Civil A""iation Ac 2 0:3 (7) An ai operator or aviation service provider *'ho- (a) fails to atrswer a question put to him as required under this Act or furnishes an answer to such a question which is false or misleading in a material respect, horving the ans\r,er to be false or misleading: or @) wilfully obstructs the Director-General or an of;Ecer or employee of the Authority in the performance of his finction-s under this Ac!
commits an offence aad shall be liatrle on cor.viction to a fine not exceeding 5,000 tlnited Sbtes Dollars or equivalent in Leooes, or to imprisonment for a term no1 exceeding 12 months or to both such fine and imprisonmelt.
(8) An officer or employee of the Authorilv who, in tbe course of his performance of any function under this Acl- (a) wilfirlly discloses a retum or other infommtion obtained in the course ofhis performance of such function to a persol not authorised to receive that ioformafi on: (b) uses information obtained in the course of his performance of such fimction for the purpose of speculating in a stoc\ bond or other securify or goods or services, before its release is authorised by the Director- General; or (c) ofherwise contravenes this sectiorl commits an offence and shall be liable on conviction to a fine not exceeding 5,000 United States Dollars or equivalent in Leones, or to inprisoDment for a t€Im not exceeding 12 months or to both such fine and imprisonment.
No t:i;i!

Arialion Acl 2023 25 19.

(l) The Director{eneral shall have pouer to issue irritten Pos,et to issue compliancc ordels.
orders to a person or organisation, where the circumstarces so ivarrant- (a) directing conpliance rvithin such time as may b€ specified in the tenns and conditions ofa iicence or certificate issued by the Authority; or {b) requiring the doing of anlthing whicll in the opinion of the Director-General, is reasonably necessary to ensure compliancc with this Act and regulations made under this Act.
(2) A person or orBanisation aggrieved by an order issued under subsection ( l) ma)'appeal to the Higb Coun which may modi$ the order as the circurstrnces ofthe case may require.
(3) For the purpose of investigating $,hether the terms aad conditions of a licence or certificate issued by tlre Authority or a provision of this Acl are being or have been complied with, an inspector ofthe Authority authorised in that behalfmay, in accordance with thjs Act and the Intemational Civil Aviation OrganisatioD standards and recommended pracdces relating thereto, - (a) enter the prenrises ofan ai, opemtor or other holder ofthe licence or certificate; o) (c) board an aircraft; seize a document or property of an air operator or other holder of the lic€nce or certificate issued by &e Authority under this Act; (d) inten,iew an €mployee ofan air operator or other holder of&e licence or certificate issued b;" &e Arthority under this Act; or % No.
Cieil Arialioh Act 2013 (e) require the attendance of and questioll a peBon referred to in paragraphs (a), (c) and (d) for the purposes ofan investigation.

(4) A person aggrieved by a finding {rfthe investigation conducted under subsection (3) may lodge an objection with the Authority which shall give the objector rhe opportunity to be heard conceming his g:ievance before action is taken to apply the presffiH penalty for non-compliance.
(5) A person who obstnrcts an inspector ofthe Authorit)' in the performance ofhis firnction under subsection (3).

comniLs an offence and shall be liable on conviction to a fine not exceeding 5,000 United States Dollars or equivalent in Leones, or to imprisonment for a term not exceeding I 2 raonths or to both such fme and imprisonmenr Emcrgency orders.

20.

(1) Tbe Director-General shal!
whelever he is of the opinion that an emergency reguiring immediate action exists with respect to safety and securil.v in civil aviation, either- (a) upon complaint or the Director-General's initiative without complaint; O) ol the Director-Ge[eral's orders, without answer or other forr.r of pleading by the interested person or persons, and with or without notice, hearing, or the making or filing of a report, make such just and reasonable orders, rules or regulations as may be esseotial in the interest ofsafery and secu ty in civil aviation to m€et sur.
:h emerg€ncy and immediately thereafter initiate action re laling to the maner giving rise ro such order, rule, or regulation.

(2) Where an emergency order is issued by the Director- General under subsedion (l), a person subject to this Act, shall obse.rve and comply wilh thal order, as long as it shall remain in effect.

No Ciil Aviation Act 2023 n 21.


0) The Director-General may grant exemptions fiom &e Po*.r to requfuemens of observing an order or nrle under this Act or h iB ry' aviation safety md securit!

*g"frri"* ii[" oir*or<i"*raf & cxcEptiou such action would be in lhe public interest.

(2) The Director-Ceneral shall issue regulations governing the applicatiou for and approval of excmptions- (3) The Dire€tor-General shall publish any exemption actions taken as appropriate.
(4) Exc€pt as provided in subsections (1), (2) and (3), the Director4eneral shall not grant exemptions from the requircmem of this Act.

PARI IV-ADMINISTRATIVEPROVISIONS 22 (l) TheAdhority shall bave a Director-Generalwho shall Appoiltocrr be appointed bythe hesident, on thereconunendation ofthe Minisrer, of Dircctor- ' Graaal' to tne ipproval ofParliament.
"utlect (2) A person shall not be qualified for appointrcnt 8s Director-General rmder subsection (1), mless he has considerable knowledge and experience in aviation, administratioq itrdustry or engineering and has such other qualifications and proven ability in such other fields as may be relevant for the firnctions ofihe Auficity.
(3) The Director General shau be assisted by 2 D€prry Directors4eneral referred to in seaion 26 and any one ofthem may, in the absence ofthe Director4eneral, act as Director General.

23. the of The Director4eneral shall be rcsponsible to the Board, f6r Functiors performance of tbe following fimctions, ro- |ff.
"#:- (a) exercise powers and discharge ofthe duties of the Autbority i.ncluding- (f contol over personnel aad activities of the Authority; (D issuance of orders, directives in- structions or circulars to address specifi c technical masers; No Civil Ariation.4ct 2023 (b) provide overall leadership in the general operations and efficient adminisfatioD ofthe afiairs or activities of the Authority; (c) initiate and maintain high-level contact with imercsted parties, both local and intemdional, in relevant areas of the operations of &e Authority; (d) rnonitor and spervise the preparation ofthe annual budges and reports of the Authority for the rcview and approval of&e Board; (e) oversee the work and discipline ofother staff of the Authorit) i and (f) perform such other functions as may be assigned by the Board or necessary for the purposes of the Authority.
Powcr lo d€legale.

24.

O) The powers conferred on and the firnctions of the Authority mder Ois Act are vested in the Director{eneral who nuy exercise them directly or by delegation.
(2) The Dircctor4eneral mali in wrifing and subject to this Act, dele$te a fiEction of tle Direclor4eaeral to- (a) an inspector or employee in a depatment undsr his authority; (b) a Regional Safery or Security Oversight Organisaion; @) an aA operator, an aerial work operator, a general aviation operator, a maintenaace facility or to any other qualified person; or No.
Civil Aviation -4ct 2023 D (d) a properly qualified pri\,?te person subject to such regulatioL sr+ervision atrd review as may be prescribed: - Provide4 however, the DirEctor4€neral shall ensure that such flmctions are not delegated in such a way that air operators, aerial $ork or general aviation operators and maintenance facilitics, in effecl, regulate themselves.
(3) The Director General may delegat€ his saf€ty management and security oversight powers to assigned aviation safety and aviation security inspectors respectively and other qualiEed penonnel outside ofth6 Authority: Provided, however, the Direator General shall ensne that such fimctions are not delegated in a way ttat the iospectors and qualified persomel conduct themselves iD a way thal there is no pere€ived or potential conflict of intercst.
(4) The Director General shall establi$ fte credentials of inspectors of th€ Authority.

the safety and se€udty (9 The Director General shall, notwithstaadiDg the power to delegate his fimctions conferred under this section, bear ultimate responsibility for a fimction vested in him under this Act.

25.
The Director4eneral shall, in the exercise ofhis trnctions Pubtic and powers under this Act, consider the following, among otler irtcrcst' things, as being in the public interest- (a) the promotion, encouragement and development of safety and security in civil aviation; (b) the r€ulation ofcivil aviation in such marurcr as to bcst promote safety, security, frcilitation and economics of air transporq 30 No, Civil Aviation Act 2023 (c) enhancing public knowledge, awareness and Edersrandirg of the regulated sectors; and (O taking into account the need to protect and preserve the environmelt.
O0&, suffof .

(1) TheAuthority shall have, in addition to the Dircctor- Autlotitv Gcneral, 2DepryDirecton{erieral,oneofwlromsballbercsponsible for rdminis[ation and the other for technical operations, an IDtemal- Auilitorand srch other olEcers and staffas may be necesmry for the efrciart performance of the finctions of the Authority under this Act.
(2) The D?uty Directon4eneral, [atemal-Auditor and such other officers and staff of the Authority sha[ be appointed by the Board subject to such tenns atrd conditions as the Board shall &termbe.

Scmndment of public.

officars, n. Public officers may, at the instance of the Authority.

be seconded or otter*ise render assistance to the Authority bu1 the AElrority may rcquest the withdra*rat of a scconded staff who is to carry out his frrnctions in a marmer satisactory to the lmabl€ Authority.
ProGcrioo of ofEccrs and st!ff.

28- A action or other proceeding shall not be brought or instiarrd agains theAuthority, a Board m€mber, Director4eneral or other staffofthe Authority or a p€rson delegated under subsections (2) ad (3) ofsectioa 24 in respect ofan)thing done in pursuance of and or execution of this Act In&mniry of oIficcrs.
D. A memb€r ofthe Boarq a Director{reneral, an anployee of theAuthority or a person 1o whom fte Director4eneral bas delegated bis authority utrder subsection (2) of secdon 24 shall be indemnifred by the Authority against a civil procecding brought against him arising from the larvful discharge ofthe firnctions or exercise ofthe powers conferred on the Authority under this .Act.

No.

Civil Avialion Act 2023 3l Limitation of action againsl Aulhority.

30.
(l) Notwith$anding anyahing contained in any orher law, no suit shall lie against the Autbority, Board rnembers, Director- General or any other employee ofthe Authority, in the execution of a public duty under this Act or itr respect ofan atleged negligence or default in execution of a public drrty tmd6r this Act or such law, rmless it is commenced within one year next after th€ act, negligence, or default complained of, or in drc case ofcontinuance ofdamage or injuw, within one )'ear after the ceasing thereof (2) A suit shall not be commenced €ainst the Authority, a Board member, a Director4eneral or staffof the Authority before the erpiration ofa period ofone month after wrinen notice ofintention to cormence the suit is served upon the Authority by th€ intending plaintiffor his agent and the notice shall clearly and explicidy state the cause ofactior!
the particulars ofthe ctaim" the name and place of abode ofthe plaintiffand the reliefsoughr 31.

The Dtector4eneral shall have the Dower to use.

ar?ilablc coopcratiotr scrvicrs, equipmetrt, personne!

and facilities of other agetrcies "f **: Sierra L€one with their consent, on a reimbursable basis when - appropriate, and on a similar basis to cooperat€ witb those agcncies itr the esrablishment and use of services, equipment and facilities of the Authority.
PART V.-FINANCIALPROVISIONS 32 (l) Tbe activities of the Aurhority <hrll be finrnc€d by Fuods of ' authority - firnds consisting of- (a) monies appropriated from time to time by Parliametrt for the purposes ofthe Authority; (b) a safety charge on all air tickes and teight charg€s; (c) fees in respect of services provided by the Au$ority fiom the issue or renewal of- n No.
Civil Aiation Aca 2023 (i) air lravel organiser lic€nce; G) air lransport licences, permits and c€rt'Lficar€s; (o (iv) air operator certificate; calibration of navigation aids; (v) pcrsomel lirrnces; (o (Yrt ticket sales chrge; aircraft maintenance organisation approval; (viii) aircraft registration and certifi cation; CDt) (x) (x) 0d) certificate of airworthiness; rentage of property, planl and equipmenq medical examinatio{r fees; sale of information and publications; (xiii) confaat registration fees; (xiv) otLer licence, certificates, p€rmits, conracts or leases issued under this Act; (xiv) registration of legal instrumerts and intercsts; (xv) aerodrome, heliport and belipad operating licence; No.
CP\il Aviation Ac, 2023 3 (xv, graDt and renewal of aviation height to tel€com clearance approval licenc€ and other entities; (xvi!
Aviation Training Organisations; and (xvf,f registmtion of agencies; (d) fmes payable for violation ofcivil aviation regulations, rules and orders; (e) sums accruing to the Authority by way of gifu, endowmena, bequest, grant or olher conaibutions by persons atrd organisations for the purposes of the Authority; (D rcturns on invesments; (g) other sums which may, from time to time, accrue to the Authority- (2) The funds of the Authority shall be divided as follows_ (a) 88/o for tbe financing ofthe activities ofthe Authority (b) l0% to be allocated to the Sierra Leone Aircrafi Accident and Incident Investigation Bureau created under section ?4 of this Act; and (c) l0% to be paid into the consolidated fimd for appropriation by Parlian€nt.
(3) The tunds ofthe Authority sha[ be applied only for the purpmes of the approyed budget of the Auhority.

J4 Nn Ci1,il Al,iqlion Act 2023 InYcstmcnt of frDds of Autlority.

33.

Funds of the Authority, not immediately required for meeting an obligation or the discharge ofa fimction ofthe Authority rnay, with the approval ofthe Boald, be invested to the best advantage of the Authority.

Estimales of incornc and cEcnditure of Authority.


34- (1) The Director4eneral shall, not later than one month before the end ofthe financial year, prepare and submit to the Board for its approval, estimates of the ircome and expenditure of the Authority for the next ensuing financial ycar and may at any time before the end ofthe financial yer, prepare atrd submit to the Board for ryproval estimates sipplementary ro the estimates forlhe fmancial year.
(2) An expenditure shall not be made out ofthe firnds of the Authority unless that expenditure is part of the expenditure approved by the Board under subsection (l).

Ac€ou and audit of Autbority.

35.


(f) The Authority shell keep proper books of account and other records in relation to the activities, property and finances oftheAuthority in a form approved by theAuditor{ened and shall pepare h rery€ct of each financial year ofthe Authority a fmancial statement which shall inctude- (a) balance sheet accormts; @) income and expenditue accounts; and (c) source and application offunds.
(2) The accounts ofthe Au0ority kept under subsection ( l) shaL not later &an 3 months after the end ofthe financial year, be audited by &e Auditor4eneral or an auditor appointed by him.

(3) For the purposes of subsection (2), the Auditor Gqreral or the auditor appoind by him shall be eDtitled to have access to all book ofaccount, voucbers and other financial records of the Authority and to requie such information and explanation thereon as he may think fit.
No' Civil Aiation Act 2023 35 (4) The Authority shall povide the Auditor General or an auditor appointed by him with all nec€ssary and appropriate facilities for the exarnination ofthe account and records of the Authority.
(5) The Auditor General or the auditor appointed by hirn shall submit to the Autlprity s rcport on the audited accormts and the financial statements referred to in subsection (1) and shall, in his report dmw attention to- (a) irregularities in the accomts; O) matters that arc likely to adversety affect tbe operations of the Authoriqv; and (c) any other malter whicb, in his opinion, ouglt to be brought to the notice ofthe Authority- 36.
The tinancial year oftheAuthority shall be the same as the Financial yea ' of Authority' financial year ofthe Govemmenr 37.

0) Th€ Authority shall, within 4 moolhs afrer the end of Anruol rhe Financial year, submir to &e Mhister an annual rgport on lhe tcDon' performance of its functions during that ye3r md on its poliry and Progralnmes.

(2) An amual report tmder subscdion (l), (h'n hclll,de ttr€ accounts and annual fmancial satement under scction 35 and the report ofthe audit thereon.
(3) The Minister shall lay copies of the annual report the report.

before Parliament widrin 2 months after he has rcc€ived 38.

(l) TheAuthority shall have an intanal aaditor$/ho shall Int.nal ar'dir- be respoDsible to the Board.

(2) The intemal auditor shall, ar ttE €nd ofev€ry 3 montbq submita repora on tk audit of the books and records of ac.cormt of the Au6ority in respect of that period to the Board tfuougtr the Director€enemt.
% No Civil Ariation Act 2423 (3) The intemal auditor shall forward copies ofthe report € aDd to dre Minister.

to the Boar4 the Intcmal Audit Committ€ PART VI_AIRSPACE CONTROLAND FACILITIES Usc of 39.

(l) The Director-Ceneral shall develop, plan fo1 and forDulate policy with respect to use of tie navigable airspace of Si€ra I-eone.
@) The Director€eneral may assign by rule, regulation, or order tte use of the navigable airspace under such terms, conditiom, and limitatiom as &e Director{eneral may find necessary to ensure the safery of aircraft and the efficient utilisation of such aispac€.
(3) The authorit_v of the Director-General under subsection (2) sha[ be exercised onl-v in that airspace for which air traffic control responsibility has not b€en assigned to a foreigr comay by inlematioDal agreement or other arangement, (4) Sierra Leone Registered aircraft flying over the high seas sball mmply with rules and regulations as establisbed rmder arnex 2 to the Chicago Convention.
(, Aircraft in distress over Sierra Leone air space shall be provided with all practical measrues of3ssistance and may permit tle owners of the aircraft or tbe State of Registry to do so, as necessftared by rhe circumstances.

(O When rmdertaking searcb for missing aircraft, the entity responsible for search and rescue shall collaborate and coordinate measures in accordance with annex 12 to the Chicago Convention.
(a Subject to such conditions as may be prescribed by the appropriate arlicities, Sierra Irone shall permit immediate entry into its territory of search and rescue units of other states for the purpose of searching for the site ofaircraft accidents and rcscuing survivors of such accidents.

No.

Ctvi!Avidtion Act 2023 4.

(1) TIre Dir€ctor€ €neral shall, ashe maydeem necessary, RcsularioD of in the interest of aviation safety issue air traffic issue rules and 'r sFc.
rcgulatio$ relating to- (a) flightofaicraft (b) navigatiorf protection" and identification of aitmfr (c) protection of persons and property on &e ground; (O the efficient utilisatioo of rle navigable airspace, lncluding rules- @ rcgulating safe altitude of flighq (if for the prevention ofcollision betweetr aircraftr between aircraft and land or water vehicles and objecb ad between aircmft and airbome objects; and (e) tbe interception" safeguarding, dtection (including to land) and control of aircraft flying unlawfully above the territcry ofsierra L€one.
(2) The Director4enera.l $all provide, as required in the interest of aviation safety, the necessary facilities and personnel for Are regulation and protection ofair traiEc.
(3) The authority granted to the Dbector{eneral uDder ttris section sball be exercised only in the airspace for which at t'affic control responsibility has not been assigned to a foreigB country by inte.mational agreement or other arm.ngemenl (4) The Director{eneral shall, in exercising the auhority granted and discharging the duties inposed by this Ac!
give full consideration to the requirements ofnational defence, commercial and general aviation and the public right of transit through the navigable airspace.

38 Nc CivilAvidtion Act 2023 Authority to cnter inlo coopcrativc aviation lgreemeDt.

41.

(l) The Director-General shall encourage intemational and regional cooperation in the regulation and sdminisaation of aviation aDd security.
(2) The Director4eneral may enter into agreements for co-safety operative endeavours in aviation safety and security with other regional cont'acting states to the Conveation on Intemational Civil Aviation and shall.

in co-ordination with ministry rcspoosible to aDd manage such regional for foreign affairs, negotiate, agre€ intemational agreements.
(3) The Director-General may, t here appropriate to civil aviation safety and security and &e public interest delegate certain aviation safety and security tasks under the intern€tional agreement to citizerB ofsierra l.eone or to citizens of other contracting States or regional bodies with which Sierra Leone has entered into an international or regioral agreement.

(4) The Director-General may.


subject to the approval of the Board, cause to be implemented from time to time, surcharges on ticket sales by intemational passengers for the purpose of meeting obligations arising fiom interoarional and regional coopemtive safety and secun?

arrangements.
42- (l) The Authority may pursuant to A.rticle 83 bis of the Convention oo Intemational Civil Aviation and bilaleral agr€ement with the aeronautical authorities of aaother state which has ratified Article 83 bis, transfer to, accept or recognise from that state all or pan oftheir respective fimctions and duties witt rcspoct to rcgistered aircrafts umderArticle 12 @ules ofthe air), Anicle 30 (Aircraft Radio fuuiprnent), Article 3 I (Cstificate ofAirworthines), orArticle 32(a) (licenses of personnel) ofthe Coovention.
(2) The Authority shall relinquish responsibility with respect to the fimctions and duties tznsferred by the Authority utrder subsection ( l) for Sierra L€one registered aircraft transferred abroad responsibility wirh respect to the fiDctioDs and duties aDd ac€cpt rmder lhose articles ofthe Conventiorl for aircraft registercd abroad that are Fansferred to Sierra kone.

Bilatc.al exchange of sEf.ty ovcrsigit rlsponsibi- liries.
No, Civil Aviarion Act 2023 t9 (3) The Authority may prcdicate in tlre agreemen( the transfer of functions and duties under this subsection on any conditions the Authority deems necessary and prudent, except that the Aurthority may Dot transfer responsibilities for Sierra Leone registered aircraft to a country that the Authorit)' determines is not in compliance with its obligation mder intemational law for safety oversighr of civil aviation.- (4) The Authority may, pursuaDt to m agreement entered iato rmder this sectioq recogaise certificates and licences issued or rendered valid by the state ofan operalor.
(, TheAdlority shall notify and infomr the Int€mdional Civil Aviation Organisation and other states coucerned ofthe tansfer arrangement of&e exislence ofan agreement.

(O The Authority shall have the poller to exchange with foreign governments through appropriate authorities of th€ govemment ofsierrd Leone, information pertaining to civil aviation.

PARMI-NATIONALTTYAIVD AIRCRTqITI OWNERSHIP 43.


(l) Subject to subsections (2) and (3), atr airGaft shall Aitcraft not fly or opemt€ lvithin Siera kone urlesr tegistntion (a) it is registered- O in Siera LeoD€; (ii) in a contracting state of Intemational Civil Aviation Organisalioq or (iD in a state in which Sierra Leone has entered into an agreement with regard to t]rc registration of aimaft and (b) it bears, in the prescribed manner, the necessary nationality and registration marts.

4) No.
Civil At'iation -4ct 2t2i @) Notwithstaoding subsection (l), - (a) where special circumstances exist, the Authority may, subject tc such conditions as rhe Authority thinks fit, exempt a foreign registered aircraft &om flying or operating within Siera kone; @) an uuegisered aircraft may fly wilhin Sierra Leone, if aDd as long as it is flown for the purpose of, or in connection with an eryeriment or test, or any other purpose which appears to the satisfrction of the Authority to be valid to permit the aircraft to fly unregistered.
(c) the Director General may exempt kites, powered parachutes and drones from r€gistratioD- Q) An aircraft exempted tlod€r subfections (2) sball carry, in addition to other documents which it may be requked to carry this Act, an exemption registration certifcate or any otlrcr und€r documenq certiling that the aimaft Ls so exempted and stating any conditions subject to which the exemption rryas granted.
(4) A person who contravenes subsection ( I ) or who flies or operates atr aircraft bearing nationality and registation marks purporting to have been rcgistered in a state other than wherc it has been registercd commits an offence aDd is liable on conviction to a fme not exceeding 50,000 United States dollam or equivalent in I-eones or to imprisoDment for a term not exceeding l0 years or to both such frne and imprisonmenl Recrrdiog of intcrcst iD aircraff.
44. fl) The Director€eneral shall establish and maintain a National Civil Aircraff Register; a system for rccording docume,nts which affect title to or interest in a civil aircraft registered in Siera L€one aod in an aircraft engine, propeller, appliance or spare part intended for use on an aircraft registered h Sierra Leone.
No Citil Aviation Act 2023 4t (2) A document affectingtide to or an inbrcs in m aircraft, aircraft engine, propeller, appliance or spare pafi shsll not be rrali4 rmless it is recorded in the National Civil Aircrat Regist6.
(3) The validity of a document recorded in the National Civil AiMaft Register shall, unless otherwise specified by the parties thereto, be determined under the laws of Sierra l-eone ald the requirements for documents to be recorded shall be specified in regulations issued by the Director4eneral.

45.
45.

(l) The Authority shall, by regulations made mder this Rcco{ds of Act, authorise a persoo, as may be ;pecified in the regulations, a LH# keep records of- aircrai- (a) births and deafhs occurring in any part of the wor[4 in an aircraftregistored in Sierra Leone; and O) deatlL outside Sierra Leong ofa person who, being a traveller on an aircraft registercd in Sierra Leone, is killed on the jouroey in an avialion accident.
(2) The Authority shall keep a record ofreturns made to it rnrder subsection (1)- (3) A person who contravenes subsection (l) commits an offence and is liable on conviction to a fine not exceeding 25,000 Lrnted States dollars or the equivaled in Leones: Provided however that proceedings for ar oflerc€ rmder this iNtituted except by or widr the consent ofthe section shall not b€ A$omey-Gercral and Minister of Justice.

46.
46.

(i) A la$ftI entry into Si€rra Leone or a lawfll fansit ExemptioD across Siera Ironc, witl or rvithout laodings, ofan aircraff shall not f}.fji:" entail- f,ate cldBr.
a Nn Civil Arialion Act 2023 (a) a seianre or detention ofthe aircrafl; (b) a proceeding being brought against the o\vner or op€rator ofthe aircraft; or (c) any other interference with tbe aircraA, by or on behalfofa person in Sierra lrone, on the ground that ttre construction, mecbanism, parts, acc€ssories or operation ofthe aircrafr is an infringcment of a patenl, design or modeL (2) Du'ing fie imponation into and storage in Sien-a leone ofspare parts aod equipment for an aircraft and thek use and installation in the repair ofao aircraff.
there shall not b€ allow+ (a) seizure or detention of the aircraft or of the spare parts or equipment; @) proceedings being hought agaiDsl the owner or opemtor ofthe airc,-aft or the owner ofthe spare parts or equipment or (c) any other interference with the aircrali spare parts or equipment, by or on behalf of a p€Bon in Sierra Leone, on the ground thai tbe spare parts or equipmetrt or &eir use or installation ee an infringement ofa patent, design or model.
(3) Subsection (2) shall not apply in relation to spare parts or equipment which are sold or distributed in Sierra Leone or are exported &om Sierra Leore for sale or distribution.

(4) A deposit of security shall not be required in connection with an exerption &om seiare or detention ofthe aircraft.

Patent claim nol Drolccted urd€.

Chi.rgo Conveotior.

2023 No.

Citil Atiatioh Jtct 47.


(l) Where it is alleged by an interested person that a foreign aircraft, otler than an aircraft to which seclion 46 applies, which is making a passage through or over Siera Lrone, infringes in itself or in a part of it, an invention, design or model which is entitlod to protection in Sierra [-eone, it shall be lau/fuI, subject to and in accordance with Rules ofCourr, to detain the aircraft until its owner deposits or secues in respect ofthe alleged iniingemen!
a sum referred to as "the deposited sunr", which sball be such sum as may be agreed between the iDterested parties or in defauh of agreement, fuied by rhe Authoriry or some person duly authorised on its behalf and shall be made <rr secured to the Authority in such manner as may be approved by the Authority.
(2) An aimaft in respect cf r*'hich a deposited sum has been made under subsection ( l.), sball not, during the continuance or in the course ofthe passage, be subject to a lien, arest, detention or prohibition 'whether by order ofa Cout or otherwise, in respect ofor on account ofthe alleged intingemenl ua.

(l) The Authorilv may detain or s€izr an aircraft whicb is Dctcnlion of found to be engagea in ar''impiope.
or iLr"gJ the compliance lith rhis Act or regulations made under ir and may make such further provisions as appears to the Authority rc be necessary or expedient for securing the detention.
""ri"ity "i r. 'ircn6' (2) Where there is a default in the payment ofairport and aimavigaion charges incurred in respect ofan aircraft at an aerc&ome, the Aurhority may, subject to this section, detain, pending palmeot- (a) an aircraft in respect ofwhich the charges were incurred, rvhether or not they were inctmed by the person who is the operator ofthe aircraft at the time when the detention begins; or O) any other aircraft of which the person in default is the operator at the lime when rJre detention begins.
+l No.

Ci|il !4viatioh Act 2023 (3) Where the charges are not paid within 60 days ofthe datewhen the detention begins, rhe Authority may sell the atcraft in order to satis0 the charges.
(4) The Authority sllall not detain or continue to detain an aircraff under this section by reason ofan alleged default in the payment ofairport charges ifthe operator ofthe aircraft or any other person claiming aD interest in tre aircraft- (a) disptfes that the charges, or any part ofthen, afe due; and @) gives to the Aulhority, pending the detcrmination of the dispute, sufficient secudty for the payment ofthe charges wtrich are alleged to be due , (, The Authority shall not sell an aircra& under this section *'ithout leave ofthe court, and the court shall not grant leave exc€pt on prooflhat- (a) a sum is due to the Authority for airport charges; (b) default has been made in the palment ofthe charges; and (c) the aircraft which the Authority seeks leave to sell is liable to sale under this section by reasotr offte default.
(Q Where the Authoriry inends to appl)' to sell an aircraft, it shall- (a) give notice of the intendon to any person whose interests may be affected by the application; and (b) afford ro a person refened to in paragraph (a).

an oppomrdtl' of becomirg a pany to the proceedings on rhe application.

No.

Ctuil AviatiorrAct 2023 45 (7) Where the coult grants leave mder subsection (5), theAuthority shall elrsure that tie aircraft is sold at the best price drat can rea-.onably be ohtained.
(8) Failure to comply with subsectioD (7), though actionable as against the Authority at the suit ofa person who suffers ioss in consequence of non-compliance, it shall no!
after the sale has taken place, be a pround for impugning ils validity- (9) A proceeding of a sale rmder this scction shall be applied in payment of- (a) airport or air navigation charges which the court has found to be due; (b) tax or duty, *hether of customs or excise, chargeable on imponed goods which are brought into Sierra l.eone by the aircraft or value added tax; (c) expenses incurred by the Authority in detaining keeping and selling an aircraft, including expenses incurred in connection wilh an application to th€ cowt; and (O any ofier charge in respect of the aircraft which is due by virtue of regulations made under this Act.
(10) A surplus, if any, after the payments made under subsection (9), shall be paid to aly person whose interests in the aircraft hale been divested by reason ofthe sale.
(11) The power of detention and sale conferred rmder this section extends to the equipment ofthe aircraft and stores for use in connection with its operation, being equipment and stores carried in the aircraft, whether or not they are the property ofthe operator, and references to the afucraft in sub.sectioos (2) to (9) include, except where the context otherwise requires, references to the equipment and stores.

4 No.
4 No.

Ci|ilAiationAcl 2023 (12) The power of detenlion conferred by this section extends to aircraft documents canied in the aircraft and such docurnens may, ifthe aircraft is sold i:r accorCance u'ith this section, be ransferred by the Authority to the puchaser.
(13) The power of detention ccl;rferred by this section extends to aay subsequerrt occasion trten the aircraft is on the aemdrcme on which those charges u'ere incurred or oo any other aerodrome owned or managed by the A'Jthoriry (14) Nothing in dris section shall prejudice any right of the Authority to recover charges or part of a charge by action in court PARI VII-SAFETY REGL,LATION OF CIVILA\A{TON Geirral s8ffi]_ pc*ers 8t d dulies.

49.
49.

0) The Direclor4eneral shall promote safety of civil aviation by issuing, prescribing and revising from time to time- (a) regulations.

directives.
rules- instructions, orden aad requirements implementing, at a minimum, all standdds of this Act and the regulalions made.mder it relating to the ,A-nnexes to thc Cbicago Convention; (b) such other reasonable directives, rules instructions, orders, requirements, or minimum standards goveming other practices, methods, and procedwes as the Director-General ma1- fiod nec€ssary to provide adequately lbr safety in civil atiation; @) TheAuthority shall where it is unable to implement a provision of this Act or regulations made und+r it relating to the Armexes to the Chicago Convenlioo, - (a) institute an acceptable means ofcompliance to enswe that equivalent means of safeg is achiered: and No.
Ci'ril!4viqiian Act 2023 O) notify the International Civil Aviation Orgaaisarion of the difference.

50.

The.Authority shall establistr-- Srar.

Safcty-- ProSramme (a) a State Safety hogramme in accordance with Annex 19 to the Chicago Convention, requiring a civil aviatioo operator or service provider to implement a Safety ManageneDt System; (b) a State Safety Programme Coordination Croup.
chaired bY the Authority, that includes the Accide lnvestigation Bueau and all relevant starc entities which shall b€ responsible for - $ safety oversighl and the coordination of the implementation, monitoring and mainteDance of the State Safety Progranme; (O implemeDtation of safety reporting systems for safety data, safety information and related sowces under the Stare Safety Prograrnme.

51.
51.

(l) The Director4eneral shall have the Power to dircct Po*'r to the oumer' operator, pilot in command or other member of a fligh, frfi;:' operating crew not to fly or operate an aircraft where, in the opinion - of the Director-General - (a) the aircraft is not airworthy; (b) the pilot in command or member of the flight operating crew is not qualified or is not physicalty or mentally capable to operate the aircraft for flighq, or is under the influence of alcohol or psychoactive substance; .18 No.
Ciuil ,lviation.lct 2023 (c) the operation poses or rna:,,cause immiDent danger to peEons or propertl, on lhe ground; (O the operator of the aireratl is not in possession of the approprlate authorisation for the aircrali.

Right to access.

(2) The Director-General may, subject to subsection (l) take suchsteps as are nscessary to detain such aircraft, pilot in command or member of the flight o,perating crew of the aiuaff.
52 The Director General or a person authorised by him shall have u$esticted, unlimited and uninrerrupt€d access, for the performance ofhis fimctioos and duties, to aviation equipment and facilities including- (a) aircrafl; (b) aerodromes; (c) air navigation services facilities; (d) hangarsi (e) epproved maintenance organisations; (D wori$hops; @) ramps; (h) fuel storage facilitiesi O ah operator offic€s; $ cargo handling areas; ft) aviation training organisation facilities; @ aircraft manufaclurers and maintenance facilities or organisations: @) t-aining facilities (inoluding simulators); (n) any other civil aviation rclaled prrmises or frcilities.
Safcty ,LSSeSSmert for forcign eir opemrors 53, O) The Auftority shall assess the safety ofair fansport operations by foreign ah op€mtoB in Sierra L€one.

No.

Ch'il,4iation.4ct 2023 49 (2) The Dfuc'ctor{eneral may make rcgulatioDs regarding the safeg, of operadons and surveillance of tbreign air operators operating in Sierra lrone.
(3) Tbe Director-General or a person authorised by him shall have right of access to search a foreign aircraft without urreasonable delal', on landing or departure aDd to inspect tbe ceflif:cates and orher documepts prescribed under this Act and regulations made under it relating to the Chicago Conveotion for the purposes of ensuring ftat the aircmft is being operated safely.
{4) Th€ Director{eneral may, subject to subsection (5), direct an operator cr pilot in command ofa foreign aircraft operating within Sierra Leone, iror to operale at aircraft where it is unsafe to do so or where the aircraft is Iikely to be operated in an unsafe manner.

(, The Dtector-General shall take such steps as are necessary to detain or prevent the flight of such aircraft and to notifr the state ofregistry and the state ofthe operator ofthe aircrafl, as the case may be.

5a.
5a.

(1) The Director-General shall issue personnel licerces P-crsonrcl or cefiificates specirying the capacity in which a holder tbereof is lrccncc' authorised to serve.

(2) A person rvho wishes ro obtain a licence or ffrtificate may file an application with the Director4eneral.
(3) Where the Director-General, affer investigation ofan application under subsection (2), finds, that the applicant possesses the proper qualifications for, and is physically able to perfonn the duties pertaining ro the position for which the licence or certificale is sought, issue such licence or certificate.
(4) The Director-General ma1., in lieu of such a finding consider prior issu.rnce ofa licence or certifrcate by a foreign state that is a memter of the Intemational Civil Aviation OrganiztioD as satisfactory evidence, in whole or in part, that the holder possesrcs the qualifications andphysical abilit,'to perform the duties pertaining to the position for which rhe licence or certificate is souSht.

50 No.
50 No.

Civil.4viatio4Acl 2023 (5) A licence or certilicate issued under this section shall conlain such terms, conditions, tests of physical fitsress, and odrer matteni as the Director-General may determine to be necessary to assue safety in civil aviation.

(O Notwithstanding subsection (4) the Director General may suspend, revoke, prohibit or reshict a licence or certificate in such marmer as deemed appropriate.
(I) A personnel licence or certificate issued by the Dfuector- General rmder subsection ( I ), shall-- (a) be numbered and recorded by the Director- Gen€ral; (tr) state the Dame and address of, and contain a description ofthe penon to whom the licenc€ or cert'rficate is issued: and (c) be titled with the designation ofthe privileges authorised.

(8) The DLector General shall prohibit a person Fom exercising the privileges ofan aviation licence.
certificate or other documents for just cause- AirrYorthiness a ccrtificata- 55.

(l) An aircmft shall not fly or operate in Sierra Leone unless valid certificate olairworthiness for that aircraft is issued by- (a) tbe Dtector-General under this Act ifit is an aicraft registered in Sierra Leone: O) a state in which the aircraft is registered; or (c) the state ofthe operator.

(2) Notwithstanding subsection (l).
an aircraft may fly within Sierra ["eone without a certificate ofainvonhiness if it is- No Civil Aviotton Act 2023 5l (a) a glider aot being rsed for the commercial air t'anspot ofpasseogers or aerial wort otter than aerial wo* urhich consiss ofthe giving of insructions in flying or the conducting of flying tests in a glider owned or operated by a flying club ofwhich the person giving the inShuction or conducting the fest and person receiving the insfuction are members; o) a balloon flying on a private flight; (c) a kite; (d) a powered parachute or drone; (e) an aircraft flying in accordance wi& a permit to fly issued by the Direclor4eneral; or (f) an aircrat flying in accordance with a special fight permit issued by the Dircctor€eneral.
(3) A person who flies or operates an aircraft which does not have a certificate of airworthiness commits an offence and is liable on conviction to a fme not gxse€ding 50,000 U ted States Dollars or equivalent in Leones or to imprisonment for a term not exceeding I 0 years, or to both such fine and imprisonment.

56.

(1) A penon shalt not conduct ah tansport operalions 4n gpt'"to' ccnilicste- unless that persoF (a) holds an air operator cetificate.
iss"ed by the Director-General for the type of service op€rated; or (b) holds an air operator certificate, issu€d from another contractitrg state ,for the type of service op€rarad.

I PriYiteges of liccnc€, c€rtificstc snd lulhori- satior.

No.
No.

Civil ,teiation -4ct 2023 (2) A person who contravenes subsection (1) commits an offence and shall be liable on convictior to a fiDe not exceeding 50,000 United Stat€s Dollars or equivalent in Leones or to imprisonment for a term not exceeding l0 years, orto both such fine and imprisoDment.

57.
57.

(1) A p€rson shall Dot act as a pilot ormember ofa flight ope, ating crew in an aircraft or engaged in the operation ofan aircraft rmless that pelson- (a) bolds a licare issued by the Director4unral under this Act; (b) holds a foreign licence recognised by the Authority; or (c) operares a kite or powered parachute o &one exerrpted in subsection (2) ofsection 55.
@) A person shall not act as a member ofa cabin crcw unless he has- (a) obtained authorisation from the Authority to exercise the privileges of cabin crew or has otherwise been pemitted by the Authority to exercise such privileges; or (b) obained authorisation or p€mrission ftom another state re€ognised by the Authority.
(3) A person shall not act as an aircraft maintenance engineer or air raffic contoller unless that person holds a licence issued by the Director{eneral under this AcL (4) A person who coutravetres subsection (l), (2 ), and Q)commits an ofiencc and is liable on conviction to a fine not exceeding 25,000 United States DoUa$ ff the equivalent in lrones or to imprisonment for aterrn not exceeding l0 years, or to both such fme and imprisonment.
No Ci,;il,4viotion Act 2023 53 Approv€d mairtca.Ic€ ard trahing orSanisatioos.

58.
(1) The Dircctor4eneral shall provide forthe examindion aDd aaining for approved training organisations giving instruction in air traffic contol, cabin crew, ground handling and other relared fields, as well as flying or in fte repair, aheratiorq maintenance, and overhaul ofaircraft, aircraft engines, prop€llers, and applianc€s, as to the adequacy of the course of instruction, the suitability and airworthiness of the aircraft and the equipment uscd by the school and the competeDcy of the instructors- (2) The Director4eneral may issue, amen( vary, canc€L refuse and suspend certificatcs for such approved aaining and maintenance organisations.
59.

An application for a certificate issued und€r this Acf shatl Forus of be in such form, contain sEch information and be filed and served iD applicalion' such manner as may be prescnibed.

Airports arld air oivigrtion f&ilitics safety stmdardr.

@.
@.

(l) Sierra l,eoae shall - (a) facilitate the provision of airport, radio services, meteorological services, and other air navigation services in accordance with the standards aad practices recommended or established from time to time under the Chicago Conventioq O) adopt and put into operation the appmpriate slandard systems of communications procedure, codes, ma*ings, signals, lightin& and other operational praclices and rules *trich rnay berecomnemded fiom tirne to tirne under the Cbicago Convention.
(c) collaborate in inlernational measures to secure the publication of aeronautical maps and charts in accordance with standards which may be recommended or established from time to time urder the Chicago Convention.

I No.
Civil Aviation Act 2023 (d) regulate the installation of stmctures which by virnre of height or position may be considered dangerous to the safety of air navigation and determine fees atrd other relevant rcquirements for the g?,lt of permits for the installation of such structures- p) The Director{eneral shall issue airport certificates to, and establish minimum safety statrdards for the operarion of airporta including aerodrcmes owned or managed by the Ardroriry that serve scheduled or uDscheduled passenger operarions of air op€ralor or foreign air operator aircraft.
(3) A person desiring to operale an airport that is required by theDiector-Ceneral, to be certifed may file with the Director- General, an application for an airpon operating certificatc.

(4) Wherc the Director4eneral finds, after investigation, thatsuch person is properly and adequatety equipped and abl€ to conducl a safeoperation in accordance with the requirements ofthis Act atd the rules, regulationg and standards prescribed therermdeq he shall issue an airport opcrating certificate to such person.
(5) An airport certificate shall contain such tanns, conditions and limitations as are reasonablynec€ssary to assure safety in air transport, the breach of which shall entitle the Autbority to suspend or cancel the certificate.
(6) Unless the Director4eneral determines that it would bec@rrary to tb€ public interest, thc terms, conditiom and linitations contained in a certificate shall include- (a) the operation and mainlenanc€ of adequate safety equipmeng hcluding fire-fighting and rescue equipment capable ofrapid access to any portion of the airport used for landing, take offor surface manoeuvring of aircraft; and (b) the condition and maintenance ofprima4r and secondary runways as the Director4eneral detennines necessary.

No.
No.

Civil Ariotion -4ct 2023 61.

A person shall not establisb a solid waste disposal frcility or receives putrescible waste \,vithin 5 kilomehes ofthe vicinity ofan aerodrome unless tie Director-General determines tbat such an excmption Aom this requiremcnt would have no adversc impact on any aviation facility.

Limitaaion on colrstruction of rEirsc dispo6.l.

62.
(1) An air operator shau make or cause to be made such Dutics ofeir in ffi"lT.1-d insp€ctio4 maintenancl, overhaul or ,"pair lf eguipmenr us€d civilaviation and to ensure that the operatioDs conducted are in accordanc€ with this Act and the regulations, directives and orders issued by the Director-General under this AcL (2) A holder ofanAir Op€rator Certificate shall ensure that the maintenanc€ of an aircraft and operations of an air operator are conducted in the public hterest and in accordance with the requirements of this Act andthe regulations, directives and orders issued by the Dtector4eneral under this AcL (3) A holder ofan air operator certificate shall observe andcomply with the authorisation and limitations oftbat certificate, therequirements ofthis Act a.nd the rules, regulations, and staudards issued bythe Director-GeEeral rmder this AcL (4) A person performing duties in civil aviation shall observe and complywitb the requirements ofrtisActand lhen les, regulations and stardards issued by the Director4eneral under this Act.
(5) A person who offers, or accepts, shipm€nt, cago or baggage for commercial air tra$port, whether originating or arriving in intemationa.l flights to or from Sierra Leone, or for flighrs within Sierra Lootre, shall offer or accept the shipmeng cargo, or baggage in accordance with this Act and regulations made under it relating to Annex 18 to the Chicago Convention and the International Civil Aviation Organisation Technical kEEuctions for &e Safe Transport of Dangerous Goods by Air.

63.
Q) The Director4eneral shall- lospcction of aircraft- 56 No Civil Aviatioh Ac, 202i (a) make such inspecrions of aircmff, aircraft engines, propellen, and appliances used by an operator of civil aircrat as may be necessary to determine that tle operators are maintaining them in safe condition for tbe operdion in which they are useq and (b) notiry each operator ofany finding idemified on the iaspection of the aircraft, engines, propellers and other €quipment and appliances- Q) Where the Director-General finds that an aircmft, aircraft engine, propeller, or appliance, used or intended to be used by an operator in civil a!,iadon, is not in a condition for safe operation, he shall notify the operator accordingly.
(3) An aircraft, alcraft engine, propeller or applianc€ to (2) applies shall not be used in civil aviation, so as whichsubs€ction not to €ndanger cilil aviation, urtil found by the Authority to be in a condition for safe operation- 64.
O) The Director-General may, wherc, as a result ofa re- inspe*ion or reexaminarion, ofa civil aircmft, aircmft engirr, pmpe[er, appliance, air operalor scbool, or repat organisation or shop, or a person holding a certificate issued uader this Act determines that safety ir civil aviation or commercial air transport or the public interes requires it issue an order amending, modi$ing.
suspending or revoking in r,vhole or in part an ai(worthiness certificate, p€rsonnel c€rtificaG, aii operator certificate, or certificate issued under this Act for an airport, school or approved maintenance organisation.
(2) The Dkector-General shall, prior ro amending, modifyhg suspending, or revoking a certificate, inform its holder as to any gromds or reason relied on by the Diector-General for the propos€d action and, exceplin an emergency, sball provide the holder an opportunity to respond to thosegrounds or reasoos and be heard as to why the certificate should not be a m e n d e d, modifie{ suspended or revoked.

Amcndmcot, modification, suspcDsion tion of ceni- ficare.

No.
No.

Civil Atia.im A 2023 5'7 (3) A person whose ceniEcate is affectd by an order of theDfu€ctor4eneral under this section may appeal against it to the High Cout and the Director-General may be a party to such proceedings.

65.

(l) A person shall oot- Prohibitior.
(a) operate a civil aircraft without an airworthiness certificate, or in violation ofthe terDs and conditions of such certificate; (b) serve in a capacity in connection with a civil aircraft aircraft engiDo, propelkr, or appliance used or intended for use in civil aviation lr,ithout a certific8de authorising that person to serve in such capacity, in violation of a terms and conditions of such certificate, or ofan order, rule, or regulation issued rmder this Act; (c) employ for service in connection with a civil aircraft used in civil aviation, a person urbo does not have an personnel certificate authorising that person to serve in the capacity for which the penor is erployed; (O operate as an air operator without an air op€mtor c€rtifcde, or in violatim ofthe terms and conditioos of such certificate; (e) operate aircrafr in civil aviation in violarion ofa rule, regulation, or certificate issued by the Director-General urder this Acq (f) rvhile holding a certificate issued to a school or approved maintenancc organisarion uader thisAc!
vioht€ a t€rn, condition, q limitafun thereof or an order, rule, or regulation made under this Act relating to the holder of $Ich c€rtificate; and Tr6ining school No.

Civil AviationAct 2023 G) perform a dury or firnction as a member of the crew of aa aicraft or maintena.nce persornel while being under dle influence of alcohol or psychoaclive substanc€.

(2) The Director-General may, in the public interes!
exempt a foreign-registered aircrat and personnel serving on an aircraft uader paragr@h (a) ofsubsection (1) but however shall not graft an exemption Aom observing air faffic regulations.

6.

(l) The Director€eneral may conduct a school or schools for ihe purpose of training eiaployees of the Authority and other persons engaged in the aviation indusfy in those subjects nec€ssary for the proper performance of the authorised functions of the Authority.
e) The Director-Gen€ml may authorise att€Ddance at courses giveu in such schools by employees of the Authority and otlrer persoos engaged in the aviation industry.

(3) Tbe Dfuector€enetzl shal[ where appropriate, requir€ payment of prescribed fees to oBet the costs of faining provided by sucb school or schools.

Validation.

67.
The Dircctor-General may, in &e dischage ofcertification and inspection responsibilities, validate the actioru of the ciyil aviation authority ofanoter state in lieu of'aking the Sl€cific action, subject to tbe following restrictions- (a) personnel or airwordtiness certificates, the other sate shali be a signatory !o tie Chicago Convention and fulfilling tieir obligations under the Chicago Convention wittr respect to the issuance and currencv of the rclevant certificates; O) air Operators" require supportfug documens aad informcion to sbow that stale meet its obligations rmder the Chicago Convention regarding certificatioD and ongoing validation oftheir aA operators.
Ntr 2023 68.

(l) The Director Ceneral or a person authorised by him CivilAvialio Act shallhave unlimited, unrestricted and unintemrpted access to ;rr*, Ri ght to aviation equipment and facilities listed rn section 52 and aviation access for documents in accordance with their fimctions and duties including- inspection' 59 (a) manuals; ft) certificates, approvals, authorisations, permits; (c) proceduresi (d) technical files; (e) personnel files; ({) pemonnel licences; and (g) other related docurnents.
(2) Tbe Director-General or a person authorised by him shall have rmlimired and unresticted access to a civil aircraft registered in Sierra Leone wherever they are operated in the world in order to- (a) ensue that the aircraft is airworthy and is operated in accordance with this Act, regulations issued mder this Act relating to applicable International Civil Aviation Organisation Annexes; (b) determine that its operations are conducted in accordance with this Act, regulations to applicable issued under this Act r€lating lnternational Civil Aviation O€anisation Amexes- (c) enter and inspect se€urity procedure.
l @ No.

Civil Ariolion)ct 2023 (3) The Director4eneral or a person authorised by him shallbave unlimited and unrestdcted access to land fa.iliry- orbuilding inSierra Leone or land outside an airport occupieC for business purposes connected with an airpon or aircraft opemtor, including handling.

for the purpose of conducting quali6 contol activities.
(4) The Director{eneral oran person authorised by him shall have unlimited ald urcstricted access to require an aircmff opemtot airpofi manager or occupier ofland outside the airport used for business purposes connected with the airport to provide information relevant to an audit, inspection, survev.

test or iDvestigation.

(5) The Director{eneral or a person authorised by him shall have unlimited and unrestricted access to relevant securiw docunentation and records.
(O Th€ Dircctor-Ceneral or a person authorised by him sh2ll have unlimited and uffesficted eccess to irten iew a person for the purpose of assessing the standard of security or the implementation of security pro€edures.

Docum!tri to 69.

(1) .


{n aircmft engaged in intematioflal air navigation or n#Xfl.Jt domestic operations rvherever it is registered shali cary on board the following certificales and documents- (a) cenificateofregisEation: (b) certificate af airworthiness; (c) appropriate licenses for each member ofthe crew; (d) journey log book; (e) ajrcraft radio station Iicences, iftlre aircraii is equipped rvith radio appaftrtus; N0.
2023 6t (t) list of names, place of embarkation and destination of passengers for passeDgers flight; (g) cargo manifest and detailed declaration of cargo: (h) cenified n:ue copy ofair operator certificate; o 0) operations specifi cations, enlironmental protection certifi cate or aircraft noise certificate: (k) certificate of insuranoe: atrd (I) any other document that maybe required from time to time bl- orders or regulations issue by the Director General.
(2) The Authoritv may waive the requirement of paragraph (d) ifthe relevant information is available in the aircraft tech)ical tog.

(3) joumey log natuie, An air operator shall ensure that all entries in the book are made concunentlJ- and are permanent in 70.

(l) The AulhoriB'shall monibr and enforce compliance Tronsportslion witir the provisions ofArmex l8 to lhe Chicago Convention and the !f -$ecrcus Inremational ci'il Aviation ors";i;.
;i;;;;;rr84, i;.hrl;;l soods bv !ir' Inshuctions for the salt ranspon of Dangerous Goods by Air- (2) In exercise of his authoriqr under subsection (l), tbe Director-General may vary the application of the Technical Instructions for the Safe Transport of Dangerous Goods by Air on behalf of Sierra Leone and submit variations to the Technical Instnrctions on behalfofSiera Leone uhere necessary.

O r\o.

Civil Aviotion Act 2023 ccnification 71.


(l) A person shall not engage in or carry out the of aircrat maintenanc€ ofan aircraft, aircraft componenls or alcraft materials ;';i;;;".

orgarisarions.

or the manufacture of parts for the purpose of maintena[ce or associated training activities without a certificate ofapproval issued by the Authority rmder this Act.
(2) A person who contrav-enes subsection (l) commis an offence and is lia.ble on conviction to a tine not exceeding 25,000 United States Dollars or equivalent in Leones or to impdsonment for a term not exceeding l0 years, or to botb such fine and imprisonment Ccrtificarion of aviatioD traioing organisations.

72.

(1) A person shall oot operate or hold our as an a\.iation raining organisation without an aviation raining certificare issued by the Authority under this Act.
@ A person who contravenes subsection (l) commits an offence and sball be liable on conviction to a fine not exceeding 25,000 Unit€d Stares Dollars or equivalent in Leones or to imprisonment for a term Dot exceeding l0 years, or to borh such fine and inprisonment.

PAI{ID{_AIRCRTUTT ACCIDENTS AND SERIOUS INCIDENTS I}.IVESTIGATIONS Application of this Psn.

73.
0) This Pan applies in respect ofaircraft accidents and serious incidents, as well as any other occurences including emergencies which may have aviation safety implications- (a) in or over Sierra lrone; (b) when Sien-a Leone is the state ofregistry; (c) the location of the accident or the serious incident cannot definitely be established as being h the territory of any other state; or (d) the accident or the serious incident occurred in the territory of a non-contracting state No 202t 63 which does not i leod to conduct an investigation in accordance with international Civil Ariation Orgarisation Annex 13 ro tte Chicago Convention, (2) The Bureau shail ensure that its investigation procedures and practices are compatible the Convention on lnterDational Civil Aviation, and t}le Srandards and Recommended Prac{ic€s contained in Intemational Civil Aviation OrganisationAnrrcx I3 to the Chicago Convention.
'yidr (3) Ncnvithstanding an)rthing contained in tbis Act or any otber enactmenl this Acr shall apply where an accident or serious incident bvolves a state ai.rcraft and a cir.il aircraft, a civil aircraft at an aercdrome used principallv for state aircraft or occurs rvhile a state aircraff was on or in tbe course oftaking offfrom an aerodrome used for purposes cfcivil aviuion.

74.
74.

(l) There is hereby established the Sierra l:one Aircraft Accident and Incident lnvestigation Bu€au which- (al shall be a bod-v corporate with the power to sue and be sued in its corporate name, except for matters associated with accident reports; (b) may acquire.
hold and dispose of pmperty whether movable or immovable; (b) slrall be functionally i.nd€pendent from other Sierra Leone aviation authorities and other entities that could interfere with the conduct or objectivity of an investigation; shall not receive nor seek insructions in the conduct of an investigation; Establishm.nt of Si6ra Lcotrc Aircraft Accideot and Incidcnt lnvestigation Burcau.
61 No Ci|ilAvi,ltion Act 2 023 (e) shall have unrestric.ed ac€ess to and control over the information rclated to its investigations: (0 sball have unhampered access to and cootrol over the scene or site ofaccident, to protect the aircraft or wreckage and all relevant materials as well as the accident sit€ against access by umau$orised persons, pilfering or including flight recorders and del€rioration, ATS records, and shall have unresricted conrol over them to ensu€ thal a detailed exarnirmtion of relevantmaterials or eridence can be made wilhout delay by authorised personnel, participating in the in-vestigation; (g) shall be headed by a Commissioner of Accident Investigation who shall be appointed by the President oD the recommendation of the Minister responsible for aviation; (2) The Miniser shall facilitate cooperation between the Bweaq judicial authorities and other entities to engure that the conduct of investigations is- (a) in accordance with International Civil Aviation Organisalion Annex l3 to the Chicago Convention; and O) not impeded by administrative or judicial investigations or proceedings.
(3) Notwithstanding the generality ofsubsection (2), the Minister may, by statutoD, irrstrumeDt.

make Regularions for the conduct ofaccident and serious incident in!

'estigations ir accordance with In&rmtional CivilAviation OryanisationAnnex 13 o the Chicago Convention.

Funds of Bureau, 75.

(l) The activities ofthe Bureau shalt be frnanced with sufficient and supplementary funds consisting of - No.
Ciy..il1\idion Act 2023 65 (a) subveutions and budgetary allocations from the Government; (b) sums accruing to the Bueau by way of gifts, endowments, bequests, grants, or other contributions by persons aDd organisations, provided ihat the terms and conditions attached to a gift, endowment, bequest, or grant ar€ not inconsistent with the fimctions of the Bureau; (c) funds provided in respect of the monies accruing to the Brneau under paragraph (b) of subsection {2) of section 32; (d) foreign aid and assistance; and (e) all other s"ms which may, from time to time, accrue to the Bureau tom any lawful source.
(2) The Goverunent shall ensure supplemenlary fimds are readily avai.lable i, the case ofa major accident orjustified need to enable the fulfilment of the obligations of the Bureau under this Act.

76.

(l) The state shall establish a coordinated family assistance plan to provide the most appropriate and timely assistance possible to aircraft accident victims and their families.

Aircraft accident victirns aDd families.


(2) The Nalional Disaster Managemetrt Agency shall coordinate with theAuthority and the Breau the ncessary assistance to aircraft accident victims and their families with air operdtors, airport operators and any other interested third party.

(3) The Natioaal Platform shau coordinate suppon wihin Sierra Leone and with other states for the developmeng preparation and implementation of the family assistance plan under subsection (1).

77.
77.

(l) The sole objective ofan aircraft accident or serious objcctilcs of incident investigation conducted under this Act shall be the investi8stions prevention of accidenls and serious incidents and not to apportion t iame or liabi li4r 6 No.

CivilAtiation Act 2423 (2) Investigations under subsection (l) shall be conducted separate from investigations conducted for the purposes of establisbing blame or civii or oiminal liability.
(3) Investi€tations shall include (a) the gathering, recording and analysis of relevant information ofan accident or serious incident; (b) the pmtection ofceatain accident and scrious incident investigation records in accordancr with section 9l; (c) if appropriate.

the issuance of safety recommendatiorls; (d) ifpossible, the determinaion of the causes and or contributing factors; and (e) as appropriate.

the completion of the final r€port.


(4) A finding, cause or contribuling factor determined under this Act shall not be eonstrued as assignhg fault or determining civil or criminal liability.

(5) A safety recomrnendation made under this Act shall not be construed as assigning fault or determining civil or criminal Iiabiriry.

Functions of Burcau 78.
(1) Tbe Bueau duly authorised or accredited person or investigator shall be solely responsible lor a civil aircrali accident and serious incident investigatior and in exercise of his functions shall- (a) institute an invesligalion into the circunslances ofa serious incident when the aircmft is ofa maximum mass ofover 2250k9 and may delegate the nhole cr a part of an Nq Civil lviation .4ct 2023 67 i,lvestigation lo another state or a regional ac.idenr and serious incident invesigation organisation by mutual a[angement and consent; (b) institute an investigation into the circumstances of an accident and be responsible for the conduct of the irvestigation and may delegate the whole or a part ofthe investigation to another state or a regional accident and serious incidedt investigation organisation by mutual arrangement and consent; (c) ensure due compliance with Internatioral Civil Aviation Organisatiotr Annex l3 to the Chicago Convention and Protocols, Technical Instructions, Guidance and Procedures from the Irternational Civil Aviation Organisation in respect of the inv'estigation of aircraft accidents and s€rious incidents; (d) condrrct interviews, take slatements Aom rvitnesses and such other persons as deemed fit and require such witsresses or persons to make and sign a declaration as to the truthfulness of the statement made by drem; (e) coordinate and supervise relevanl agencies or parties to an investigation; (t) facilitate the exchange of knowledge, information.
and relevant personnel of accident investigation agencies of Intemarional Civil Aviation Organisation and other rn€mber states; (g) advise t}le Minister oD matters r€latinglo civil aviation accident investigatiom and prevention; 68 No.
Ciyil .lvidr;ot1 -{tt 1023 (h) create specialised departments for the purpose of carrying out its fi,rnctions; O establish ard mahtain a standard fuoctioml, up.to-date laboratories, wortshops, hangars, office equipment, inve stigators equipment, means of communication and aansportation or such other facilities, n€cessary for the carrying ofi of its drties; f) approve, design, and coordinate constant training for skills acquisition for staff of the Bureau in line with global development in aviation accident investigation and Preventioni (k) undertake activities or actions relevant, or related to accident investigation and improvement of safety in the aviatioo industry; 0) develop and approvc directives, orders, circulan, and olher publications.
(m) enter into arangements utth other organisa.

tions to facilitate the conduct of investigations.

(n) provido relevant, timely and validated infonnation to the families and the accident survivors regarding th€ progress of the investigatiory (o) establish Safety data collection aDd processing systems, with protection measures to enable the sharing and exchange of inforrnafioru as required under A,rnex I9 to the C.hicago Convention.
requiring a civil aviation operator or service provider to implement a Safety Management System; (p) coordinate and ensure the implementalion of State Safety Programme activities relaled to the Bureau.

No.

CivilA,\iation Act ztt23 @ 79.

(l) The Bureau shall- Powcrs of Buraau.
(a) have unfettered independence and authority in the conduct of investigations, consislent with the provisions of Itrternational Civil Aviation Organisation Anner 13 ro the Chicago Convention; (b) have unrestricled access to all evidential material without delay and shall not be impeded by administrative or judicial investigations or proceedings; (c) be ftnctionally independent from other stde aviation authorities and other entities that could interfere with fie conduct or objectivity of an investigation.
(d) have unhampered access to and control over lhe scene or site of accident, to protect the airuaft or wreckage and all rclerrant materials as well as the accident site agaimt access by unauthorised persons, pilfering or deterioration, including flight recorders and ATS records, and shall have unrestricted contol over them to ensure that a detailed examination of relevant ma'lerials or evidence can be made without delay by authorized personnel, participating in the investigation.

80.
80.

(l) The Bureau shallbe headed by the Commissioner wtro A,ppoitrtmcnt shall be appointed by the President on the recommendation of tn" {,-9it- to"'ooo' \,linister;; such temx and conditions as may be specified in th" instrument of appointuent.

(2) The Commissioner shal!

be appointed for a period of 5 years and shall be eligible for reappointment.
(3) A penon shall not be appointed Commissioner under subsection (1), unless he bas- 70 No (:ivil Ariation Act 2023 (a) experience iD aviatioq indusrry with a souBd lnowledge oflhe provisions oi ntemational Civil Aviation Organisadon Annex 13 to the Chicago Convention: (b) been trained and qualiiied in aircralt accident investigation: or (c) been involved in accident or serious incident investigation.

FEctions of comnissiorcr' administration of the affairs of the Bureau.

81.
81.

(l) The Commissioner is responsible t-or the da-y-to-day @) Mthout prejudice to the geDeralit-v of subsection ( I ), the Coornissioner shall- {a) report on the adminisfatiye aclivities ofthe Bureau to the Ir{inister.

O) establish and maintail a database of accidents and serious incidents in accordance wilh the International Civil .

{viation OrgatisationA ccident and Incident Data Repoirig SysteD.
(3) The Commissioner may delegate a funciion to an officer of the Bureau but shall not be reliev'ed of the ultimate responsibiliqv for the performance ofthe delegateri fuoction.

Porvers of Corn nistioncr.


8a (l) The Commissioner may, for lhe purposes ofthisAct- (a) establish policies and procedures to be folldwed in the conduct of investigations: O) institute investigations into the circum- stances of accidenls and serious incidents and any other occurrences rvhich may havs aviation safef,v Lnpiications; No.
Civil Atiation Act 2023 'll 1c) delegate the investigation, in whole or in part, to another state or a regional accident and serious incident investigation organisation, u'hen deerred to be appropriare; (d) establish the credentials or letters of agreement of the investigation personnel, secL.

)uded investigators, experts and other participants specirying their enti0ement and obligation in accordance withth€ implernenh- tion regulation or other approved procedr.re.
(e) delegate the powen of investigation to the members ofan investigation team and provide each member with a certificate of appoiDt- ment; (!

appoint observers and participanrs required for an investigation; G) facilitate participatioD of accredited representatives from other states involved; (h) establish a process for the timely issuance and publishing of regulations, rules, Cirectives, orders.
circulars, pttblications, guidance materials to rie public; @ release ofthe final report; 0) enter into agrerments rvith olher stakeholders to facilitate the functions ofthe Bureau.

(2) fhe Comnissioner rnay, where- (a) he considers it necessary in the public interest and safety lessons to be leamt; or (b) a citizen of Sierra Leone is on board an aircraft inlolved in an accident overseas, n No.
Civil A\iation -{ct t023 institute an investigation into an incident and such investigation shall not, unless in the opinion of the Commissioner erceptional circumstances required, be conducted until such tlme as a report has been submitted to the h{inister after completion ofan investigation.

ApPointment of Itrvcstigator- io{harge.

83.


(1) The Commissioner shaU, for the purposes ofcarrf ing out aDinvestigation into an accident or serious incident shall appoint an Lnvestigator-in4barge aad olher persons as investigators.
@) An investigator-in-charge appointed under subsection (l), shall- (a) direct the conduct of an inresdgatioo under thisAct on behalfofthe Comnissioner; and (b) r€port to the Commissioner on all investigatiom, including proposing findings as to causes and contributing factors and safety recommendations rolated to investigations conducted by tbe Br-neau.

€) An lnvestigator-in-Charye shall have unhampered access to and control o'!
'er the scene or site of accident, !o protect ffe aircmft or *reckage and all relelant materials as rvell as the accident site against access by unauthorised persons, pilfering or dererioration including flight recorders and ATS records, and shall bave uresficted control over them to ensure that a detaiied examination of relevant materials or evidencc can be made without delay by authorised persomel participating in the investigalion.
(4) An Aircraft Accident lnYestigator shall be a person properly trained and qualified in the investigation ofaircraft accidents and serious incidenls.

Appointment 84.

The Bureau shall rccruil such other staff as is necessary of othcr stalr' for the execution of the functions of the Bureau mder this Act.

No.

C*il A|iarion .7ct 2023 73 85.
( I ) Not\,ritlrstanding anything mntained in any otherAct, Invesligation jurisdiaioas' a state agency shall not comm€ncr an in;esrigation under this 4"1 i1 the aircraft accident or serious incident has been investigated, is being investigated, or is going to be investigated by the BureaL (2) Nothing h subsection (l) shall prevent- (a) a state agency of Sierra Leone from commencing an ilvestigation into or contiouing to investigate an accident or incident for any purpose other lhan that of th:s Act; 1tr) a law enforcement agerrc-v in Siaral-eorr fiom investigating an accident or serious incident i.rr any purpose for which it is empowered to coDdud investigations.
(3) The Bureau's duty authorised or accredited persot's or investigator s,hall, for the purpose of investigating an accident or incident- (a) have unhampered rmlimited and unrestricted access to and control of- (, the scene or site of the accident or incident as well as the aircraft involved in tbe accident or incident, parts ofsuch afucraft, its contents or its wreckagg and any flight recorders and other recordings relating to the flight; 6i) rhe results of the medical examination ofthe bodies ofvictLns or oftests mad€ on samples talien Aom the bodies of victims; '74 No.
Civil Aviation ,4ct 202,1 Git) the rcsults of medical examinations of the persons involved in the operation of the aircraft or of tests made on samples taken &om such persons; and (iv) my relevant information or records he ld by the owner, the operator or the manufuctr:rer ofthe aircrafi and by the ouDer or operator of an aetodrome or air navigatiol inslallation or the civil aviation authorities; (b) have power to- @ surnmon and examine all such witnesses as deemed fit and to require such to ans$er any question or witness€s fumish any information or produce any books, papers, documents, and anicles which the Accident Inve$igator may consider relevant urd retain ary such books, papers.
documents, and articles until the completion of the investigation; (O conduct intervievs tako statemeDts from witnesses and all such other persons as deemed fir and to require any such witnesses or persons to make and sign a declaration as to the truthfulness of the statement made b), them: (iiD enter and inspect any placc, building or airrraft, the entr-v or inspection whereof to the AccideDt lnvestigaror to app€ars be requisite for the purposes of the investigati on; ,I\.'o.
2023 75 (iv) require the medical examination oftbe bodies of victims; (r') require the persons involved in the operation of an aircraft to submit to a medical examinalion: (vi) examine, remove, test, take measures for 6e pr€servation of or otherqise deal with any aircraft inrolved in an accident or incident for the purposes of the investigation including fligbt and data recorders; and (r ii.

; talie such measures for the preservation or" evidence as considered appropriate.
(c) take all reasonable measu.res to protect the evidence and 1o maintain safe custody oftte aircrafl and its contents for such a period as nay be necessary for the purposes of the investigation: aDd ' (d) relinquish conaol oftle accident or serious incident site and release custody of the aircraft, its contents, or parts lhereofas soon as they are no longer required by the inYestigation.

86.
86.

An owner- operator, pilot-in-command, crew members, operaror of an airport, aii traffic controller, or a other persoo having knowle€e of an accident or serious incident shall, subject to this Aci ard Regulations made under it, repon to the Bureau and provide as much information as required by the Bureau as is available as soon as possible and by the quickest means available.
Notification and scrioos iocidcots, 76 No Ciltl Aeiatioi Act 2023 Dccisiot.s^ 87- The Commissioner shalt, where he is notified ofan aircraft to axlcnt of ;;;t"r,;; ac:cident or s€rious incident or any otler occurence thar may have - safety aviation implications.

decide on the exteDt oftbe investigarion required and lhe procedures to be follorved in carrying out the investig*ion, based oD the safety lessons it expects to draw from the investigation for the improvement ofsafet_v.
Dclcgation of investigr- tioD.

88.

(l).

The Bureau shall institute an investiganon into the circumstances ofa serious incident when the aircraft ofa maldmum mass of over 2,250kg and may delegare the whole or a part of the investigation to another state or Regional AccideDt lNestigation Organisation by mutual agreement and consenq in any event.

tlre Bureau shall use every means to facilitate the invesrigation.
(2) The Bureau shall instituie an investigation into the circumstaoc€s ofthe accident and be responsible for the conduct of the investigation, but it may delegate the whole or a pan of investigation to anorher state or a Regional Accident Investigation Organisation by mutual agreement anC consent.

in any event, the Bureau shall use every meam to facilitate the investigafion.

Duty lo avoid conllict of intcrcsl.

89.


(l) To achieve fimctional independence of the Bureau and to ensure the credibility of its investigatioN, memtlers of the Bweau shall avoid actual and or polential conJlics of interest in respect of investigations carried our by the Bureau.
@) The Bureau may second expert Aom the Authority or other organisation in the state as investigators provided, however, theBureau shall ensure that such secondees conduct thernselves in such away that there is no perceived or potential corJlict of interest.

Prescrvation of evidcnce 90.

(1) An owner, ope,rator, and crew members shall, where an aircraft accident or serious incident ta,kes place, to the extent possible.
and until otherwise instructed by the Commissioner or except as otherwise required under this Act- (a) take reasonable measures to protect the evidence, including documents specified under this Act: and No.

C ivil St iatioh Act 2023 '77 &) maitrBin safe custody of the aircraft ad its contents for such a period as may be necessary for the purposes of an hvestigation.
(2) Subsection ( I ) shall not be construed as preventing a person from taking necessary measurcs to ensure the safety of any person and proPert-v. (3) Where evidence relevatrt to an acaident or serious incident bas to be interfered wift conrary to subsection (2), the person dfuecting, supenising or arranging the interference shall, to the extent possible in tbe circumslances, prior to the interference, record the evidence t'y photograph and other appropriate means available.

91.
91.

(l) Wlen conducting an investigation, the Bueau shall Protccrion of eDsure the non-disclosr.ue ofthe followins rccords to ttre public for tnvcstrgatron purposes other than accident or serious inr-id"iiirrrJig"tilr, the Court deternines that their disclosure or use outueigls the likely adverse domestic and intemational impact such action may have on that or any futurc i.Dvestigations- - -- rccor'ls.
"rl (a) cockpit voice recordings and airborne image recordings and any transcdpts from such recordings; and (b) records in the custody or control of the Bureau including- (D statements taken &om persons by the accide iwestigation authoriq' in the course of their investigation; (.i) communications between persons having been involved in the operation ofthe aircraft; (iii) medical or prirate information regarding persons involved in the accid€nt or incident; '78 No.
CitilAL,iaticn Act 2023 (iv) recordings and traa.scripts of recordings &om air t-afhc control units; (v) anal)'sis of and opiDions about information, iacluding flight recnrder information, made by the accident inyestigation authority and accredited representatives in relation to the accident or incident; (vf the &aft final repon ofan accident or serious incident investigation; (vif any other records cr information obtained or generated by the accident investigation aulhority as part of an accident or incident investigation, that it considers needs to be protected in the same marmer as the records listed above.
AdEitlisEalio'l b8l&rci0g tcst.

9- (1) Where a request is made fcr a record listed under sedion 9l of to be disclosed or used in a criminal, civil, administrativg or disciplinary proceedin& tbe coun shall satis$ iself that a material fact in question in the proceedings cannot be determined without that record, before administering the balancing test- (2) The court shall be lhe authority responsible for administrating the balancing tes!

under subsefiion ( I ) and subsectian (1) ofsection 9l.
lnvcstigator rlot com- p€llablc u,itle3s.

93.

An invqstigator shall not be compellable to appear as a wimess and the opinion ofthe investigator shall not be admissible in ajudicial adminisEative or disciplinary proceedings relaled to apportioning blame or liability in an accident case.

\_o.

Ciril Aiation Act 2023 D 9.


The Commissioner shall, before rcleasing the fmal report Dmft final on his investigation, send a draft final :.p:rt t9 states and i,ffijl,ilr* organisations thar panicipated in the investigation, inviting their significant and substantiated coDrments.

95.
95.

The Commissioner shall in the interest of accident and FiDat rcport serious incident preventioD" make a final rcport on iB iDvestigation or.itrvesti' publicly available as soon as possible and if possibte, withh 12 months.

g"t'o' 96.
(l) The Commissioner shall, at any stage of the Safcr)- investigatiory recommend in a dated ransmittal corrcsp;naerre to liffflit"d- the appropriate authorilies, including those in other states, any preventive actio, that it considers necessary to be taken promptly to enhance aviation safety- (2) The Conunissioner shall address, when appropriate, safety recommendations arising out of its investigations in a dated transmittal conespondence to the accident investigatioD authorities of othsr states concerned and to lhe Intemational Civil Aviation Organisation when Inlernational Civil Aviation Organisation doo.mreDts are involved.
9.

The Commissioner shall rc-open an invesdgation ifnew R.tpcning and significant evidence becomes avaiiable after the investigation ll ,ll]*"' has been closed, wbere Sierra Leone did not inslitute the - investigation, it shall obtain tbe consent ofthe state which insrituted the investigation.

93.
93.

(l) A person shall not circulaie, publish or share a draft offcnce report or a part thereof, or a document obtained during an investigation of an accident or serious incideng without the express consent ofthe Bureau, unless such report or document has aheady been published or relea-red by the Bureau.
(2) A person who contravenes subs€ction (l) commits an offence and is liable on coniction, to a fine ofnot less thaD 50,000 UBited States Dollars or equivalent in Leotres or to imprisoment to a tenn oillor less than I 0 years, or to both such fine and imprisonment.
80 No Civil y'liation,4ct 2023 (3) A person shall not without the $rin-en consent oflhe Commissioner, disclose information obtained during a:r investigation except for the purpose of the performance of the hurctions of the Bueau- (4) A penon who contra!

'enes subsecdon (3) commits an offence and is liable on conviction, to a fine oinot less ftar I 0,000 United Sates Dollan or €quivalent in Leones or to imprisonment to a term ofnot less than 5 },ea$.

or to both such fine and imprisonrnent.


(5) A penon $ho contavenes this Act or regulations made rmder it or wilfulJy resists or otherwise obstructs an investigator in the execution ofhis p,owers and duties under thjs Act or r€gulations made under it or knowingly gives false or misleading information to an investigalor under this Act or makes a report oi an accident or serious incident knowing that such report is false or misleading commits an offence and is liable on convictior!
to a fine ofnot less than 25,000 United Slates Dol.lars or equivalent in l,eones or to imprisonmeDt to a term ofnot less than l0 years.

or to both such fme and imprisonment.

PART X -ECONOMIC REGULATIONS Air trarsport licqrces.

99.

0) n person shall not provide air sen ices unless the person- (a) holtls a licence issued by the Director- General for that pupose under this Ac!
(b) obtains from the Authority, an operatinB euthorisalion in the case of foreign air operators designated under any air service agreement to which Siera Leone is a party; (c) obtains fron: the AuthoriS', an approval for use ofa foreign registercd atcraft by a Sierra Leone licensed air operator; No.

Civi!.4viation.4ct 2023 8l (d) obtains from theAutbority; an operating permit for th€ carrying out ofaerial work in Sierra [rone by a foreign based operator.
(2) The Authority may issue an air service lic€nce to an applicant only ii&e applicant- (a) complies with regulations and other requtements of the Authority, including the 6ling ofan insurance policy or self-insr.rrmcc plal approved by the Authori8 sufficient to pay, for bodily injury to, or death of, an individual or for loss of, or damage to, p.operry resulting from the operation or rrraintenance of the aircraft under the certificate; and ,O) is found to be fit, willing, and able to perform properly the transportation covered by the application and to conform to this Act and ifie rules, regulations, and the sandards of the Autlority prescribed under this Act.
(3) The provisions of subsection (2) are continuing requilements for an air operator rvith respect to the tansportation authorised by the Authorilv and the licence shall not remain in efect unless the air Dperator complies wftb those requiremsnts.
(4) A person who undertakes any of the activities specified under this section without a liceace, al authorisation, appro\al or pemJt commits an offence and is liable on convictioD to a fine not exceeding 25,000 United States Dollars or cquivalent in Leones or to imprisonment for a term not exceeding l0 years, orto both such fine and imprisonment 100.

(1) A pcrson shall not perform aerial work on a flight f61 Aerial work hire or reward unless the person holds a permit issued under rhis Act.

Pcmit 82 No.
Pcmit 82 No.

Civil,lyialion Act 2823 Air routes a|d airwa!,s.

@) A person rlro performs aerial work on a flight without a permit commits an offeoce ard is liable on conyiction to a fine not exceeding 25,000 United States Dollars or equivalent in kones or to imprisonment for a term not exceeding I 0 years, or to bolh such fine and imprisonment I0l.

(l) A person shall operate an aircmfl on authorised air routes and airways.
@) A person who contravenes subsectioo (l) commits an ofrence and is liable on conviction to a fine not exceeding 25,000 United States Dollars or tbe equivalent in kones or to impriso nent for a term not exceedirg l0 years, or to both such fine and imprisonmenl Ccrtilicslion of aircasft ruaintcnance or8attisations.

l@.
l@.

0) A person shall not engage io or carry out the maintenance of an aircraft, airqaft components or aircraft materials or the manufacture of parts for the purpose of maintenance or associated training activities without a cefiificate ofapproval issued by the Authority under this Act.
@ A person who contravenes subsection (l) commits an ofrence and is liable on conviction to a fine uct exceeding 25,000 United States Dollars or equivalent in Leones or to imprisonmeDt for a term not exceeding l0 years, or to both such fine and imprisonmenl C€rtification of rviation trrinits orgmisrtions.

18.

(l) A person shall not operate or hold out as an aviation training organis*ion without an aviatiotr training certificate issued by the Authority under this Acl.
(2) A person who contravenes subsoction (i) cornmis an offence and shall be liable on conviction to a flne not exce€ding 25,000 United States Dollars or equivalent in Leones or to imprisonment for a term not exceeding I 0 years.

or to both such fine and imprisonment.

Tgmos and conditiors of licetrcc.

104.

0) A licence issued under this Part shall speci!


the terminal points and inte.rmediate pohts, ilan1,, between rvhich the air operator is authorised to eDgage in commercial air transport and the sewice to be rendered.
Nq Civil.4rialion Act 2023 80 (2) There shall be attacbed to the statement of the privileges granted by the licence, o, any amendment to it, such reasonable terms, conditions, and limitations as the public hterest may reguire the breach of*'bich shaU entitle the Autlprity to suspend or revoke the licence.
(3) .A licence issued under this section to engage in international commercial air traDsport on a scheduled, non-scheduted or charter basis shall designate the terminal and intermediate points only in so far as the Authorit, shall deem practicable and otherwise shall designate only the general route or routes to be followed.

105.

(l) A foreiga air oPerator shall not engage in commercidl Forcig!
dr air t'arsport wirhin Sierra l-eone uoless there is in force an air service ;f,tffi licence iszued by the Authority for that purpose.

(2) An application for a licence shall be made in writing to theAuthority but addressed to the Dircctor-General and shall be in such form atrd conlain such information as fre Authority shall require.
(3) The Authority shall issue a licence ifit finds that- (a) the applicant is fit, willing and able properly to perform intemational commercial air transport alrd to confom0 to t]e provisioDs of this Acr and the rules, regulations, and standards of the Authority pres€ribed pursuant to this Act; (b) the applicant is qualified, and has been desiguated by its govemment, to perform intemational cornmercial air oansport rmder the terms ofan agreement with Sierra l-€one; (c) the tansportation will be in the public interest and u No.
Civil Aviation Act 2023 (d) complies with regulations d orders of the Authority governing the filing of an insurance policy or self-insurance plan approved by the Minister which is sufhcient to pay, for bodily injury to, or death of, an individual or for loss of, or damage to, property.

resulting from the operation or maintenance ofthe aircraft rmder the licenc€- Powc.

of Autho,ity to rrodiry, susp€dd or rcvokc licsrca.
(4) The provisions ofparagraph (c) ofsubsection (3) arc for an air operator with respect to the 6611ianing requir€ments transportatioD authorised by the Authority and th€ licence shall not remain in effsct rmless the foreign air operator complies with such requirements.
106- () The Authority may alter, amend modi!, a licence' in wtole u in parg for hilure to cornply with any rcquirement ofthisAct or any rule, regulalion or standards prescribed mder it or any term, condition or limitation ofthe licence- (2) A peson who has an intercst in a licence altered, aoended, rx>ditrd suspendd or rcvoked under subs€ction ( I ), may file with the Authority, a protest ormemorandum in support ofor inoppositiontothealteratioqam€n&ne,modificatior!

suspension, or revocation ofa licence.


Ch3'g!s 107.

(l) The Authority shall, subject to subsection (10), draw up ascheme prescnbing charges to be paid to the Authority in respect of services or facilities provided by the Authority.
(2) Notwithstanding the generality ofsubsection (1), the sorvic€s a d facilities that the Authority may charge for, include- (a) the issuance, renewal or variation of airrvorlhiD€ss c$tifi cates; (b) the issuance, renewal or variation of pcrsonnel licenc€s; No Civil lviation ,lct 2023 &s (c) aerodrome inspection, certification and licensing; (O inspection of aircraft; (e) air openttor's certificates; (0 the approval of aircraft maintenance organisations aDd aviatioD traiDing organisations; noise and ervironmental pollution; G) (h) air transport li€eoces; O other services related to tte opcration of aerodromes; O use or rental of ass€ts of the Axhority; and ft) any other services rclated to lhe fiInctions of the Authority under rhis Act (3) The scheme referred to in subsection (l) qhell before publication in the Actior IDformation Csrre und€r subsection (4), besubmitted ro the Minister.
(.1) The scheme referred to in subscction (l) shalt be published by the Authorit, in anAction lnformation CenEe giving tbe efiective daae ofthe coming into force ofdE scheme.

(, The Authority rnay change and revise charges aod submil such changes cr revisions of the cbarges to th€ Minister before publication in the Action Iuformation Centre in accordancc with subsection (4).
(6) A charge shall be payable within a period specified by rbeAutbority, and ar+' failure to pay within the specified period may atfact a p€oalty e,,hich shall be a perc€ntage prescribed by the Autbority and calculated in such manner as may be pre.scribed by the Authority Aom &e due date for payment until the actral date ofpayment.

(7) Where the total amount due is not paid within the p€riod 86 No.
Cieil ^,atation lct 2023 specified, the Authority may seize the aicraff or other prop€rty which is the subject ofthe amount not paid and the Autiority shall rerain the aimaft or property rmtil payment is made in full.
(E) Ifihe total amount due r€mains rmpaid for a period of 60 days from the date ofihe seizure ofthe aircraft or other proprerty which is the subject of tbe.amount Dot paid, the Autbority may colnmence legal proceedings to sell the aircraft or propert"v in accordance with such procedrEe as the Minister may, by statutory instrunent, prcscribe.
(9) The charge refened to under subsection (6) shatl be incure4 or to be incurred, by the reasombly related to exp€nses Auhority in rehtion to the provision ofa service or facility.

(10) Notwithstanding subsection (1), the Authority may detenninenon aeronautical charges or charges other than regulatory charges through a bidding process.

Application lG.
Application lG.

0) The CoDvention for the Uni{ication ofCertain Rules of MonEctl Relating to tntenational Carriage by Air signed at Mon&eal oo 28th ff'r"#l May, I &9 ard related amea&nents, shall from the commencement of rin of Ruks.
this Act have the force of law and shalt apply ro- (a) intemational carriage by air to and from Sierra Leotre in relation to carriage by air to which those mles apply; and (b) non-intemational carriage by air within Sierra IJoDe, irrcspec,tive ofthe nationatity ofthe aircraft performing the carriage and shall.

subject to this Act, govem the rights and liabilities of canien, passenger, consignors, consignees and otler persons.
(2) A the carrier shall, in the case ofan aircraft accident resulting in the dearh or injury' ofa passenger, in accordance wi& the Convention forthe UDification of Certain Rules Relating to No.

Civil A,aidtiok Act 2023 87 International Carriage by Atsigned at Monteal oD28fiMay,1999, make an advaDce payment ofat least 30,000 United State Dollars within 30 days from the date ofthe accident, to the passenger who is entided to claim compensation in order to m€et his imm€diaie ecmomic needs.
(3) An advance payment rmder subsection (2), shall not coDstitute a recognition of liability and may be off set against any amount subsequently paid as damages by dre carrier.

109.

(l) A carrier op€rating air transpon services to, fiom or Air ltrtsport wi&in Sierra Leone, or aerodmme operator, aviation flrcl s.pplier, or lfito.
a provider of ground handling services, metrological serviceg air taffic control services, aircmft maintenance services or such o&er classes ofallied services shall maintain adequate insuraoce covering its liability under this Act and also its liability toBards compeDsation for damages that may be sustained by thtd parties for an amomt to be specified in regulations made by the Authority.
(2) The abseDce of an air kansport services insurance undersubsection (l), shall be sufticient reason for the refirsal, suspension or revocation ofpemdssion to op€rale the air transport servic€ or servic€s in Sieira Leone.
(3) A person having a duty to maintain adequate insurance tmder subseaion (l) shall submit quarterly retuns to the Authority showiDg that adoquate insurance is maintained and condilions DecessaD, to create an obligation on an insuer to provide indemity in the event of a loss has been frrlfilled (4) A carrier operating air transport s€rvices to, from or within Sierra kone, or aerodrome op€rator, aviation fuel supplier, or any provider ofground sewices, air i-affic control services, aircrait maintenance services, rvlro conlraveDes subsections (l) ad (3), commits an offence anC is liable on cotrviction to a fine of not less 10,0O0 United States Dollars or its equivalent il Leones and its principal officers shall b€ liable to imprisonnent for a term ofnot l€ss than 2 yea, s. 88 No.
CD!il Aviation Act 2023 PARIX-€STABLISHMENTAND MANAGEMENTOT' AERODRO{\4ES Establishhcnt of -rc.

dro66.

110.
(l) The Minister or a person or otherAuthority may, itr accordance with this Act- (a) establish and maintain aero&omes; and (b) provide and maintain in cornection with aerodromes, roads, approaches, appaJ"ntq equipment and buildings atrd other accomrnodation- @) The Minister or a person or other authority may, for the purpose of exercising the powers confered by subsection (l), acquire land or right in or over land by agreement or in accordatrce witb any law in force rclating to the acquisition of land for public purposes.
(3) The Minisry responsible for aviation shall be respotrsible for public domestic aerodromes, including the manageimerr ofland use arormd the vicinity.

Autborisatioo I I l. (l) A person shal[ Dot establish an aerodrome for uon- *:"?PjL mililary purpos€ rmless that person holds an authorisation issued by a.o.. thc Authority for that purpose under this Act.
(2) A person who contravetres subsection (1) commits an offence and is liable on conviction to a fine not exceeding 25,000 UnitEd State Dollars or equivalent in Leones G to imprisonment for a terln not exceeding l0 years orto borh such fine atrd imprisonmenl.

Public acrodroEtc certificatc.

llz (l) An aerodromeus€d for interndional civil airtransport operations shall be certified in accordance rltth th€ requirements pr€scribed by tte Authority.
@) The operations of an aerodrome other than for international civil air transport operations shall be regulated by established standards issued by the Authority.

No.

Ctril Atiation Act 2023 89 (3) A person w'ho contayetres subsection (l) connits an offence and is liable, ou conviction, to a fine not exc€eding 25,000 Dollars or equivalent in Leones or to imprisonment for a tenn not excceding l0 years or o both such fine and imprisonrnent.

113.
113.

O) A person shall not establish a private aerodrome rmless that penon holds.a certificate issued for that purpose rmder rfiis Act- P.ivate SerodroDe certificatc.

Q) A person who contravenes suhection (l) commits an ofienct and is liable on conviction to a fine not exceeding 25,000 United Sf es Dollas or equivalent in Leones or to imprisonment for l0 years, or to both such fine md imprisomsfl a telm Dot ex€ €eding 114.
The Minister or a p€rson or other authoriry shall, in EnvironEcntd establishing aerodromes rmder paragraph (a) of srbsection tf ) of ffif section 1 I 0, have regad to the Deed to minimise so far as reasonably esLblishhrg practicable- acrodromes.

(a) adverse effect on the environment; and (b) disturbance to the public, from noise, vibrations, atDnospberic pollution or other cause attributable to the use ofan ahcraft.

ll5.

(l) The Arrhority shall bave tle power to certi!


and Po*cr to regulate aero&omes and to establish minirnr,m safety sundards for * & the desieF, op€rations and mainte;* ;mIo;il]- - *' '€rod'omes' "f (2) The Authority shall impose op€rating restrictioos or sanctions at a cerfified or regulated aemdrome, in the event ofnon- compliance with the regulatory rcquirem t or atr unresolved safety deficiency concem- l16.
(D The Authority shall ensure that suitable facilities are Customs, made avai.lable to rclevant Government authorities and agenci€s at tmigration airpots for ibe povision ofcustoms, immigration and heahh sewices.

and health services.

s No.

Ciil Aviation.4cl 2023 (2) The prorision ofthe customs, immigration and health services under subsection (l) shall not be tte respomibility of the Authority, but ofthe appropriate Goverffrent authority or agency.
(3) The terms and conditions under which the facilities under subsection (l ) shall be arailable and detemined by agreement betweer the Authority aad the relevant Govemment authority or agency.
ll7- (l) Where the Authority is satisfie4 with respect to a building or smrcare in the vicinity of an aerodromg that in order to avoid daDger to an aircraft flying in that vicinity in darkness or conditions ofpoor visibility, provision ought to be made, whether by lighting or otherwise, for giving to such aircraft waning oftbe pres€nce ofthal building or structEe, it may by order direct, zubject to such conditions as may be specifie.d in the ordor, that the operator of the aerodrome and a person acting under the operator's insEuctions- Obslructions a€rodrome (a) to execute, install, maintain, operate an4 as occasion requires, repair and alt€r, such works and apparatus as may be necessal/ for eoabling zuch warning to be given in the manner specified in the order; (b) that the land be entered or passed over, with or wiliout vehicles, in such manner as may be specified in the order: Provided that, no such order shall be made in relation to a building or su'ucture if it app€ars to the Authoriry that ttrere have been made, and are being carried out, satisfr ctory mergence.
(c) that wort sball not be performed on land unless, at least 14 days previously, the operator ofan aerodrorne to \yhich the order Nir Civil Aviation Acl 2423 9l relates has served in the mamer specified by the order on the occupier ofthal laod and on every other person hrown by the operator to have an interest iD the land, a written notice coDlaining such particulars of the nature of the proposed worlq and the manner in which and the dm€ ar which it is proposed to execute the4 as may be specified by the order; (d) that no steps shall be taken in pursuance ofa notice under paragraph (c) without the specific authorisation of the Auhorify, if \.rirhin 14 days from the scrvice ofthe notice on a person having interest in rie land, the operaror of the a6ro&ome receives wrisen objection oD the part of that person to the proposals contained in the notice; and (e) the operator of an aerodrome to which the order relates shall pay to a person having an interest in land affected by the order, adequate compensation for lms or damage which that pe6on may suffer in consequence of the order, and any expense reasotably incurred in connection with tbe lawful removal of an apparatus installed in pusualce of such an order and expense incurred in connection with a repair, alteratio4 demolition orremoval ofa building to which such an order st-ucture or er€ction relates as is attributable to the operation of the order and deemed to be loss or damage suffered in consequence of the order.
(2) The or,wership of anything shall not be taken to be affected by reason ooly that it is placed in or affxed to, land in pursuanc€ ofsuch an order under this section and where aD order in respect ofan aerodmrne is in force, a penoo shall noq exc€pt with 6e consent ofthe operator ofthe aerodrome, wilfirlly inrerfere with work or thing executed or placed in, on or over land in pmsuance ofthe order.
92 Nq Ctvil Aeiatioh Act 2023 (3) A person who contaven€s subsection (l), commis an offence and is liable on conviction to a fne not Iess rhan the equi\,alent of5,000 United States Dollars or equilalent in Leones or imprisonment for a term not less than 6 months or both such fme and imprGonmeut and a penon who wilfully obstructs another person in the exercise ofthe powers conferred by such an order urder this section, commits an offeDce and is liable oD conviction to a fine not less than 5,OOO Uoited Stad DoUars or equivalent in Leones or imprisonment for a term aot less than 6 montbs or botb such fine and imprisonment.
(4) Nothing in this section shall operate, in relation to a buil.ling or strucane, so as to restict the doing of work for lhe purpose ofrepairing; altering, demolishing or removing the building or struco][:e if- (a) notice of the doing of tbe work is given as soon as may be practicable to the operator of an aerodrome; and (b) the giving of waming of the presence ofa building or struchre in an order under this section.
Trcspass on ll& (l) Subject to subsection (2), a pelson who trespasses on land forming part ofan aerodrome or upon which navigational aids or an ancillary frcility is situared corunits an offence and is liable on convictio& to a fine ofnot less than '100 United States Dollars or equivalent in l-eoDes c imprisonment for a term not less than I month or both such fine and imprisonment.

(2) A person shall not be liable under subsection (l), unless h is proved that at the material time.
notices waming trespassers ofrheir liability under this section were posted, so as to be readily seen and read by mernbers ofthe public, in such position on or near the boundary ofthe aerodrome or land upon which a navigational aid or ancillary faciliry is situated.

No.

CivilAviationAct % 119.


(l) The Minister may make regulations for preventing R€sltiction ot *' *-" adjer l,"d' lands adjacint to or in the vicinityofan aero&ome or sire hom beini 5j used or devetoped in a *ur,o., tnut ii'iLffi;'fri: (a) the operation of an aerodrome; 2023 (b) lhe safe operation ofan aircraft; (c) the use or operation ofequipment or facilities to provide services relating to aeronautics without causing interference with signals.
(2) The Authority shall monitor development on land adjaceot to or in the vicinity of aerodronres or aerodrome sites in order to ensure compfiance with regulations made by the Minister under subsection (l).

PART xtl -AVIATION SECIIRITY 120.

(t) The Director-General shall prescribe rcgulations to AYi.tion empower and authorise aviation security inspectors to carry out s@ofrtr' security oversight activities in an eflective and timely marmer.
(2) The Authority shall, by rcgulations, prescn:be rhal passengers and property intended to be carried in the aircraft hold or cabin in an atcraft be screened by appropriate means, including x- ray metal detection or physical search or olher pocedures or frcilities employed or operated by personnel, eryloyees or agents of atr air operator or for€ign air operalor prior to boarding as aircmft" (3) The Authority may, by regulations, prescribe such other reasonable rules requiring practices, methods and pro€edures relating to aviation security as the Authodty nray consider necessary to protect persons and property aboard an aircraft engaged in cornmercial air !
'ansport operation against acts ofcriminal violence and airaraft piracy.

(4) The Authority shall, to the extent practicable, r€quirc rmiform aviation security procedures for the inspection, detentioq and search of persons and property in domestic commercial air aansport and intemational commercial air traDsporL % AviatioD security policics.

No.
No.

Ciyil Aviation Act 2023 121- The Authority sbal- (a) develop aviation security policies and requirements csnsistent with Annex 17; (b) issue rules, orders, circulars or directives to require the implemeutation of immediate security measures; aad (c) provide oversight for the implementation of aviation security policies and requirements.

National Civil Aviation Sccudty PrograrDmc.


122 O) The Authority shall develop, implement and maintain a National Civil Aviation Security Programne and give effect to the requiremeuts contained therein.
@) Without prejudice to the generality of subsection ( 1), the Authority shall- (a) require airport operators to develop implement and maintain aviatioo s€curity prograrnme for every airporq O) require airlines to develop, irnplement and maintain airline security programme for every airline operating in Sierra Leone; (c) conduct constant analysis of the level of threatto civil aviation and initiate such action by airlines, airpors, provider: of security services and other organisations contibuting to the program, as is sumcient to effectively mitigate the perceived level ofthreat; (d) establish, implement and maintain a national civil aviation security training programme for railing of personnel involved in or responsible for the National Civil Aviation Security Programme; No.
Civii Aiation Act 2023 95 (e) establish, implemetrt atrdmaintain a National Civil Aviation Secudty Quality Connol programme for measuring and ensuring ongoing compliance and effectiveness oflhe National Civil Aviation Secr.nity Programme, national civil aviation security training .

?rogramme and operator secra'ity progmmme.

123.
The Director-General or ao officer of tbe Autbority Power lo stop authorised in that regard by the Director4eneral may stop atrd a'd s'arch' search- (a) a vehicle entering or leaving a restricted or prohibiled place or are3 ofan airporr; (b) a person or vehicle entering or leaving any area ofan airporq (c) an aircraft on the ground or an aerodrome, if he has reasonable grormds for suspecting that an offence under tbis Act has been' committed or is abou to be commifi€4 or as part of safety or security routine procrdue.
124.

(l) There is hereby established an Advance Advanccd Passenger lnformaticn and Passeuger System Passenger Name ffiect o Recordsysten (ApD Systqn aod N8tnc Record (PNR) System.

(2) The Authority shall be the coordinating agency on matters Passenger relating to Advanced Passenger lnformation System and PassengerName Record System in lire with internatiomlly recognised standards.
(3) The Authority may, itr consultation with releva agencies, rrake regulation rcquiring air operators to submit advanc€d passenger information and passenger name record prior to departue from or arrival in Sierra Leone.
% Nq Ciril Aeiation.4ct 2023 (4) Subject to subseation (l), the -Authority shali- (a) ensure that dara collecte4 used, processed arE Protected from unauthorised dis- closure; (t ) take measures to inform individuals about the collection, use, processing and protection of dala and related privary standards.

(c) establish appropriate administrative for the management ofadvanced m€chanism passenger information and passenger narne rccord data.

Security Oversitlt Unir.

125.


(l) The Authority shall have a Security Oversight rjnit to assist h carrying orlt the rcspolsibilities ofthe Director General with respect to the r€Bulation of aviation security.
(2) A Security Oversight Unit under subsection (1) shall coEprise ofAviation S€crEity Inspectors and other staff who shall, unds the slperision and dircction of the Director4eneral, carry out security ove$ight activities- (3) The primary objective ofthe Security Oversight Unit is toetrsure- (a) protcction and safety of passengers, crew, ground persontrel and the general public against acts ofr-rnlawfrrl interference with civil aviation; and ft) mpid response to meet security threat.
(4) The national aviation security inspectors are empowerd to- (a) issue notices of deficiencies and or reconuneudations as appropriate; No.

Citil,4vturionAct 2023 qt O) enforce corrective actions including nmediate rectifi carioD of deficieDci€s; (c) (o apply enforcernent measures; and enforce relevant national aviation security requfuements- PART XtrI _OFFENCES AND PENA]]NES 126- (l) A pcrson shall not- OlTctrces.
(a) operate in civil aviation, a cMl aircraft for which there is not currently in effect an airworthiness c€rtificatc, or iD contravention ofany tenns or conditions ofthe certificate; (b) serve in a capacity as a persomel in cormection wittr any civil aircrat, aircraft engine, propeller or appliance used or intended for use in civil aviation without a personnel certificate authorising ttat pcrsoD to serve in ttre capacity, or in confavention of any tenn, conditioq or limitation of the certificaJg or in contravenlion ofany order, rule or regulation prescribed rmder this Act; (c) employ for service, in connection with acivil aircraft used in civil aviation, a persomel who does not have a personnel certificate authorising him to serve in the capacity for which the person is employed; (d) operate as an air operator without an air ope:-ator certificale, oI in contrave ion ofany term or conditioo ofthe certificaEl (e) operate aircraft in civil aviation in contravention of any rule, regulation or certi ficate issued by the Authority lmder lhis Act; ard 98 No.
Civil Aviation Act 2023 (f) while holding a certifcate issued to a school or repair organisation or shop as provided in this Act, conAavene a term, conditioD, or limitation thereofor contravene an order, nde, or rcgulation made under this Act relating to the holder of such c4rtificate, Civil pcoahics.
sh.U be subject to a cMl penalty not exceeding 20,000 United States Dolla's or equivalent in Leones for each such violation and if such violation is a continuing one, eacb tlay of such violation shall con$itute a separate offence.

(2) The Authority may, on such terms and conditions as itDayd,etermine as being h the public interest, exempt a foreign afucraft and personnel serving on the aircrafl &om subsection ( I ), but exempti,on Aom observing air traffic regulations shall not be granted.

17.
17.

(l) A person, other than a person conducting an ope,ration in domestic commercial air t-anspon or intematioDal commercial airtranspoG who violates a provision of this Act, a rule, regulatiorL or order issued rmder it shall be subject to a civil penalty not exc€eding 20,000 United States Dollars or equivalent in Leones for eacb such violation and if such violation is a continuing one, each day of such violation shall coostitute a separate offence.
(2) A person conducting an operation h domestic cornmrcial ah eanspon or international commercial air transpqt who viohes any provision ofthis Ac!

a rule, regulatioq or order issued there under shall be subject to a civil penalty not exce€ding 20,000 Unit€d States Dollars or its equivalent in Leones for each such violaiion and $bere such violation is a continuing one, each day of such violation shall coDstitute a separate offence.

(3) The Director€eneral sbal!


have power to assess and collccta civil penalty.

lio' CivilAtiiation Act 2023 I (4) In determi.oing the amount of a ciyil penalty, the Drector4eneral shall take into account the natue, circuI)stanc€s, extent and gravity ofthe violation corrmitted an4 wilh respect to a person found to have committed such violation, the degree of culpability, history ofprior offences, abifty to pay, effect on ability to continue to do business and such olher matte$ as justice may rcquire.
(5) The Minister may, by statutory instrument, make regulations governing the assessmeDt atld applicatiotr of civil penalties ad shall provide guidance conceming the amounts of penalties applicable to violalion ofthis Act or regulatio$ mad€ mder iL (O Tbe Minister may, by statutory instrument, make regulations to adjust the amout ofcivil penaltio's to reflect inllation" at least every 5 years.
(/) Where a civil aircraft is involved in violation ofthis Act and the violation is by the owner or operator ofthe aircrafl the aircraft shall be subject 10 a lien for the penalty.
(8) A person *ho, with actual knowledge ofthe facs of theoccurrencc or can be imputed to have ac&al howledge as a reasonable person exercising reasonable care il the chcumstanc€s, offen or accepts dangerous goods for comxnercial air transport in contravention of this Act in relation to Annex 18 to the Chicago Conve,Dtion ortk Intemational CivilAviationOrganizationTecbnical Imtmction for the Safe Transport of Dangemus Goods by Air, shall be subject to a civil penalty not exceeding 10,000 United States Dollars or equivalenl in Leones for the violdion ofeach pa oflhe Act or regulations made under it relatiog toAnnex l8 to the Chicago Convention orthe lntenrational CivilAviationOrgaizationTecbnical Instruction for the Safe Tmnsport ofDangerous Goods by At 128.
(l) A person who loowingly and wilfully- .

ffi (a) forgeE count€rfeits, alters, or frlsely makes ocoattias a certificate auhorised to be issued mder this Act, or howingly uses or attempts to use such certificate; or tm No.
Civil A,aiation Act 2023 (b) displays or causes to be displayed on an aircraft a mark &at is false or misleading as to the natiomlity or registration ofthe aircraft, commib ao off€nce and is liable on conviction to a fine trot exceeding 5,000 United States Dollars or the equivalent in Leones or imprisonment for a term not exce€ding 10 years, or to both such fine and imprisonrnenr (2) A person who, with intent to interfere with air n8vigation within Sierra [eoae,- (a) exhibis within Siena Leone a lighq signa[ o coorDunioation at such place or in such manner rhrt is likely to be mistaken for a tue light or signal established pursuant to this Ac!
or for a tue light or signal in connectioa with an airport or other ahnavigation frcility, or, after due waming by the Authority, continues to maintain the misleading light or signal; or (b) knowingly removes, extinguishes, or interfercs witb the operation ofa true light or signal, commis an offeme and is liable on convictiou to a fine not exc€eding 20,000 United StatEs Do[fis or furyrisom€nt for aterm not o(c€eding l0 years, or to both such fine and imprisonment (3) An air operalor, or a officer, agent, employee, or repesentative ofan ah operaror who, knowingly and wilfully- (a) fails or refuses to make a report to the Authority required by this Acq (b) fails or refuses to keep or preserve an accormt, record or memorandum in the form and marmer prescribed or approved by ttre Authority; No Ci'il lviotit ,,lct 2023 l0r (c) mutilales or alErs a r?ort, accomt, record or mernorandum; or (d) files a false report, account, record or memot'ardtm, commits an offence and is liable on conviction to a fne not exceediDg 10,000 United States Dollars or irnprismnent for a trm not o<ceeding 5 years, or to bolh such fine aod imprisoDmenl (4) A person r.r,ho neglects or reflrses to attend and test8, or toanswer a lawful inquirl', or io produce books, papers, or to a subpoena or lawfirl requirement ofthe documents, in ob€dience Authority or an employe€ ofthe Authority authorised in &ar behali, commits an offence and is liable on conviction to a fine not exc€eding 500 United States DollaB or its equivalent i!
l.€ones or imprisoDment for a t€rm not exceeding on€ year, or to both such fine and imprisonment.

lD.

(1) The Convention on the Suppression of tne Untawfut !-ljffil Seizure orAircrafts signed atthe H€;;;'ti;;iil;y 1970 *rall from the commencement ofthisAct have the force oflaw in Sierra kone.
;iD*;; ffi:t (2) A p€mon who- (a) on board an aircraft in flight, uDlawfully and try force or threat of forc€ or by any other form of intimidatiorq seizes or exercises conrol ofthat aircraft, or O) acempts to commit an act referred to in paragaph (a), in relation to an aircrafl or abets tfie commission of the ac!

commits th€ offence of hijacking sba be liable ou conviction to imprisonment for life and to a fine of not less than 50,0OO Unit€d States Dollars or its equivalent in Leoues.

w2 No.
w2 No.

Civil AviationAct 2023 (3) A person who, while committing the offence of hilacking ofan aircraft under subsectioo (2), commits an act of violencc agaimt a passenger or membr of the cl€w ofthe aircraff, is liable to the punishment imposed under any law for the time being in force in Sierra Leone ifthe act had been committed in Sierra l"eone, corDmits the offence of hijacking shall be liable on convictioD to imprisonment for lif€ and to a fine ofnot less tha!
5O,0OO U n i t e d States Dollars or its equivalent in l,eones.
(4) The High Court shall haveju:isdictioD to try offenders tmderthis section wtere- (a) the offence is commised on board arr aircraA registerEd in Sierra lJone; (b) the aircrat on board which the offence is committed lands in Sierra Leone witb the alleged offender on board; (c) the offence is commiued on board an aircraft l€ased without crew to a lessee whose priacipal place ofbusiness is in Sierra Leoue or pennanent residence is Sierra hone; and (d) tbe ofrence is committed on board a non- Siorra Leone registered aircmt while such aircraft is within the Grritory ofSierra trone.
Intcrf€rancc membe$, elc.

t30.

(l) A person who, while on board a civi!

aircraft- (a) assaults, intimidaEs or threatens a crew member, whether physicalty or verbally, ifthe assarlq intimidation or treat interferes with the performance of tbe duties of ttre crew member or flight attendant, including a steward or stewardess of such aircraft or lessens t-he ability of the crcw membr to perform those duties; No.
Civil Aviation Act 2023 lcB O) refirses to follow a larrdrl instruction given by ihe aircraft conmaoder, or on behalf of tbe aircraft commanderby a crewpeinber, for the purpose of ensuring the safety of th6 aircraft or ofa person or prop€rty on boald the aircraft, or for the purpose ofmaintaining good order and discipline on board the airqaft, (c) applies physical violence against a person or sexuatly assaults a person or molests a chil4 (O assaults, intimidates or threatens another person, wbether physically or verbally; (e) intentionally causes damage to, or destruction of propsry; or (f) consumes alcoholic beverages or &ugs resulting in inoxication commits an offence and is liabl€ oD conviction to a fine not exce€ding 2,mounited States dollars or equivalent in kones or impdsonment for a lerm not exceeding 5 years or to both such fine and imprisoDment, and if he uses a deadly or dalgerous weapon in the commission ofthe otrence, to imprisonment for a term of 14 yea$.
l3l.
A person *'ho, rvbile on board a civil aircraft- (a) smokes ina lavatory, orsmokes elscwher€ Odrer civil aircraft io offcoccc a manner likely to endanger the safety ofthe aircrafi; (b) tampers wjth a smok€ detector or aDy other safcty-r€lated device on board the aircraft; ot (c) operales a portable elecu'onic device when such act is prohibit€4 conamits an offence and is liable on coDvictioB to a fine not excacding 100 United States Dollars or equivalent in Leones or imprisonment for a terln not exce€ding 1 year, or to both such fin€ and imprisonment lol Wcapoo aDd cxplosive violation.
No.
lll Civil Ayidrion Act 2023 (I) A penon who, while on boar4 or while attempting to board dr afucraft intended for commercial air t-ansport opration- (a) has on or about his person or properfy a concealed deadly or dangerous weapon, wtich is, or would be accessible to tle person in flight; or O) has on or about his p€rson, or has placd attempted to place, or attempted to hav€ placed aboard the aircraft a bomb or similar explosive or incendiary device, conrnits an offence and is liable on conviction to a fine not exceeding 5,000 United Stales Dollars or is equivalent in Leorles or imprisorunem for a term not exceeding l0 years, or to both such fige and imprisornem @) A pasoa wbo wilftlly and withoutrcgard for the saGty ofurmm life, or with reckless divegard for the safety of human life, do€s an act prohibfued by subsection (l) cornmie an offencc and is liabl,e o conviction to a finc not exceediDg 5,000 Unit€d States Dollars or @uivalent in l,€ones or imprisonment for a term not exceeding l0 years, or to both such fine and imprisonment.
(3) This section shall not apply to- (a) law enforccment officers ofSierra l,eone or of another state as €reed by Sierra l*one, who are authorised or required *ithin their ofrcial capacities to carry arms; (b) persons who may be authorised by the Director-General to carry deadly or dangerous weapons in commercial air t?nsporq or No Civil Aviation Act 2023 i6 (c) penons rdnsporting weapoN contained in baggage which is not accessible to passengers ir flight if the prcsence of tle weapons has been declared to the air opemtor.
133.

(l) Where ihe commander ofan aircraft in flight may, loterfcrcnc!
-- ---- o.Derarion of where he has reasonable grounds to believe that a penon m board 19 *ft the afuCraft - (a) has done or is about to do an act on the aircraft while it is in flight whichjeopardises or may jeopardise- (i) the safety of the aircmft or of persons on board the aircraft, or (r) the good order and discipline on board the aircraft; or O) has done an act whicb iD tte opinion ofthe corrmander is m offence rmder any law in force in the cotmty in which the aircraft is registerc4 notbeing a law ofapolitical nanne or based on rrcial or religious discriminatio4 subject to subsection (4), take such reasonable measures, includhg restabt of the persoD, as may be oecessary, to- O protect the safety of the aircraft and persons on board the aircraft; fi) maintain good order and discipline on board the aircrafi; or (ir) enable dre comrander to disembark or deliver that penon in accordance with subsection (5).
106 N(} Civil Aeiation Act 2023 (2) The commander may requir€ the assisance of other crewmembers and may request, but not requirc, the assistance of passengers, orauthorise Other crew members and passengers to rest-ain a person under subsection (l).
(3) A crew member orpassenger may also take reasonable preventive measures without aulhorisation .mder subsection (2) wben he has reasonable grouads to believe that the action is immediately nccessaqi to protect the safety of the aircraft or of persons or prop€rty on bard the aircraft.
(4) A r€straint imposed on a person on board an aircraft underthis section shall be discontinued after the fimt time, following the restraint, when tbe aircraft ceases to be in fligfit, unless before, or as soon as is reasonable practicable after that time, the comnander of the aircraft notifies &e appropriate authority of the country vr'here tlp aircraft ceases to b€ in flight that a p€rson is restrained and the reasons for the restraint.
(5) Where the commender of aa aircraft complies with srbsection (4), rhe resraint may continuo- (a) for a period (including the period offl:rther flight) between the time the aircraft ceased to be in flight and the first occasion after that on which the commmder is able withrequisite cotrsent of the appropriate authorities to disembark or deliver the person under resFaint; or (b) if the person under restraint agrees to continue his joumey under restaint oD board the aircraft.
(6) Where tie commander ofan aircraft- (a) disembari<s a person under paragraph (a) of subsection (5), in the case of a Sierra Leonean registered aircraft, in a cormtry or, No.
Civil ,4riation Ac, 2023 lo7 in Ore case ofany other aircraft in Sierra l*om he shall report the facts of and the reasons for, the disembarkation to- (D the appropriate authoriry in the count-y of disembarkation, and (i) the appropriare diplomatic or corsula of6cer oftbe cormry of nationality of the person; (b) intends to d€liver a person in pursrance of paragraph (b) of subsection (7) in Sierra Leone, or in the case of a Sierra leonean registered aircraft, in any odrer country, \ *rich is a contracting state, he shall before, or as soon as reasonably practicable ater landing, gi\,c notification of his intention and of the reasons for it- @ to the appropriate authorit_v; and CD in either case, to the appropriate diplomatic or consular officer of the counlry of nationality of thal person.
(7) The comander ofan aicraft wto, witlrouLt reasonable cause,fails to comply with the reguirernens ofsrbseaion (6) commis an offence and is liable on summary conviction to a fine of50,000 United States Dollars or its equival€nt in Leones.
(8) A person who wilfi:Ily and with reckless disrcgard for thesafety ofhunan life, interferes or attempts to interfere with the safe operation ofan aircmft i4 or intended for operaion k5 the special aircraft jurMiaion of Sierra Leooe, commits aD ofence and is liable on conviction to a frne not exc€ 100,000 UnitEd States Dollas €ding or its equivalent in IJorles or imprisonmeDt for a term not exc€ l0 years.

or to botb such fine and imprisonment.

€ding 108 Unla*frl intarfeaeDca eri r cMl aviation.

No.
No.

Ci,-ilAvialion Act 134.
(l) A person who urlawflrlly and intentionallf 2023 (a) perfomE an act ofviolence against a person on board an a craft in flight, on gound if $at act is lftely to endanger the safety ard security of that aircraft; O) dcstroys an aircraft in service or causes darnage to rhe aircraft in amanner tlrat rcnders it incapable of flight or which is likely to endanger the safery of the aircraft in fligLq (c) places or causes to be placed on an aircraft in service by any means rvhatsoever a device or substance t}lat is lftely to deshoy that aircraft or to calse damage to the aircraft thaJ rcndeB it incapable of flight or that is likely to endanger the safety ofihe aircraft in flighq or (O obstructs, interferes with, desEoys, steals or causes damage to a communication, or navigation system, surveillance system, instrmlent, cables or any pan of the systems or inslruments used in civil aviation; (e) commuricates information which be knows to be false, thereby endangering the safety ofan aircraft in flight; (f) any disorderly behaviour in and aroud a civil aviation facility, commits an offence and is liable on conviction to a fine ofnot less thatr50,000 United States Dollars or its equivalent in I-eones and not 100,000 United Srates Dollars or ia equivalent in I-eones exc€ or imprisonment for a term not l€ss than l0 years, or to both the fiDe and imprisonment- €diDg No Cir,il AviatioaAct 2023 l@ 135.
A person who imparts or conveys or causes to be imparted or conveyed false information, knowing the informatioD to be false, conc€ming an attempt or alleged attempt being made or to be made, to do an act which is an offence tmder this part commits an offence and is liable on couviction to a fine not exceeding 5,000 Udted Stndes Dollars or its equivalent in Leones or imprisotrment for a term Dot exceeding 5 years or to-both such fine and imprisonment Fak ir- forEatiotr- 136.
A person who Lnowingly and wi6out au&ority removes, conceals, or withholds a part ofa civil aircraff involved in an accidenq or prop€rty which was aboard the aircraft at the time ofthe accident, commits an offence and is liable on conviction to a fine not exc€ 5,000 United States dollars and to imprisonmen!

for a term not exceeding 5 years, or to both such fine and in imprisonment.

€ding Rcnovi!g, coDocdios ot vith-holdiog prlt of drcraft ilvolvcd iD rccidctrL 137.
A person who wilfully- Dotrgcrous goods.
(a) delivers or causes to be delivered to an air operator for commercial air traosport; or (b) recklessly causes th6 transportation in commercial air transport or shipment of a cargo, baggage, or other property in contravention of this Act and regulatioos made rmder it relating to Annex 18 of the Chicago Convention and the lntemational Civil Aviation Organisation Technical Instruction for the Safe Transport of Dangemus Goods byAir, commits an ofienoe and is liable on conviction to a fine not exc€eding 5,000 United States Dolla$ or ils equivalent in Leones or imprisonment for a t€rm uot exc€eding 5 years or to both such ft:e and imprisonment 138.
The Attorney-General may, at the request ofthe Dircdtor- General rnay institute all necessary proceedings for the enforcem€nt 6fthisdst 61any tenr!

condition or limitation ofa permit, c€rtificate or licence issued under this Act and for the puaishment of contravention of this Act.

Prcsccutiotr by Attqoq- Gcacrd.

110 Procadulr for civil p,coalties.

No.


Civil lriation Acl 2023 139- (l) A civil penalry imposed or assessed rmder this Act may be collected by proceedings against the person subject to the penalty atr4 in the case ofan aircraft subject to a lien for the penalty, by proceedings against the aircraft.

(2) An aircraft subject to a lien for a civil penalty may be seizedby and placed in the custody ofthe Director4eneral.
(3) A rcport ofa seiztre and a basis for the seiz.ue shall be'pmmptly t'ansndted to the Attomey4eneral and the Afomey- Gmd shall, where necessary, promptly institute judicial proceedings for the enforcement ofthe lien against aseizedaircraft.
(4) An aircraft shall be released from custody of &e Director-General on- (a) the payment of the penalty or the amount agreed on iu compmmise ; (b) the seizure in pursuance ofjudicial proceedings for enforc€ment ofa lien; (c) notice by the Attomey-General offailure to institute such proceedings; or (d) the deposit of a bond in such amouat as the Director{eneral nuy prescribe, conditioned on payment of the penalty or the amount agreed on in compromise .
PARI )fiV-MISCELLANEOUS PRO\4SIONS sovcrciSDty ovcr airspace of Si.tm Lcooc.

I40.

(1) Sierra Leone has complete and exclusive sovereignty over tLe airspace above its lerritory- @) A state aircmft ofa contracting state shall not fly over the territory of Sierra lrone or land thercon without authorisation and in accordance with the terms of a special agreement.

lil ReEulalio!

for srfcty ofnavigatiotr of civil aircraff.

No.

Civil AvialaonAct l4t.


(l) The Au&ority shall, by statutory instrument, make 2023 Regulations regarding the interception ofcivil aircrafu.

(2) Regulations made under subsection (l) sball provide that the lives of persons on troard and tle safety of a civil aircraff shall not be endangere{- in the event of an interception.
(3) A civil aircraft flying above Sierra L€one without authority or if there are reasonabl€ gromds to conclude tLat it is being used for a purpose inconsistent with the aims ofthe Chicago Convention may, in accordance with Regulations made under subsection (1), be required to land al some designated airport and insEucled put an end to such violation.
(4) The Authority may take appropriate measures consistent with relevant rules of international laU including 6e relevant provisions of the Chicago Convention, in dealing witt a civil atcraft that is required to land under subsection (3).

(5) A Siena Leone registered aircraft or air op€rator wlrc has his principal place ofbusiness or permsnent residence il Sierra Lone shall in like mannel comply with interception orders given by another contracting state.
(O A Sierra L€one civil registered aircraft or an aircraft operated by an air operalor who has his prirrcipal place ofbushess rcsideDce in Sierra kone shall not be used for a purpose or p€rmanent inconsistent with the aims ofthe Chicago Convention.

142.

(1) A person shall not interc€pt a civil aircrafl in the lot.rcepliotr airspace or instruct it to lard rmless interception is carried out Uy tte ]rjj[ Republic ofSierra Leone Armed Forces in the perfomnnce oftheir duties.
@) The pilot-in-comraand ofa civil aircraft who rcceives iDstructioDs to land from an authorised person shall comply with the i$tructions.

1t2 No.
1t2 No.

Civil hiation Act 2023 (3) Inte.rception ofa civil aircmft in the airspace ofSierra Leone is limited to determining the identity oftle aircraft unless it is necessary to rctum ttre civil aircraft to its planned traclq dhect it beyond the boundaries of Sierra [cone airspace, guide it away from a prohibite4 restricted or danger area or itstruct it to lard at a desigDated aero&ome.

Misrrsc of civil eviarion prol bircd.

143.


A person shall not use civil aviation for aay purpose nconsistent with the aims of the Convention on Intemational Civil viation.

NoD- scMuled AiCil.

t,14.


(l) An aircraft of another confracting state, b€ing an aircraft not engaged in scheduled int€rnational air services, may be permitted to- (a) require landing, subject to the observance of the tfins of the Chicago Conveotioq to make flights into or transit non-stop across Sierra Leone; and (b) Dake stops for oon-tlaffic purposes without the necessity ofobtaining prior permission.
@) The riglrt under subsection ( 1) is reservd for reasons ofsafety of fligfut, to require aircraft desiring to proceed over regions wtich are inaccessible or without adequale air nayigation facilities to routes or to obtain special permission for ructr follow prescrib€d fliChts.
(3) Regulations, conditions or limitations may be imposed as considered desimble on an aircrafl ifengaged in the carriage of passengers, cargo, or mail for remunemtion or bire on other than scheduled international air services and shall, subject to the provisions ofArticle 7 ofthe Chicago Conventiory have the privilege oftaking on or discharging passengers, cargo, or mail.

schedubd air s€rvic€s.

145.


A scheduled intenational air service shall not bc operated over or into Sierra Leong except with authorisation and in accordance with the terms ofa special agreement- No Civil Aviatian Act 2023 146.. (l) Permission may be refused to an aircraft of a caboi.8e.
contracting state to take passengers, mail or cargo carried for remuneration or hire destined for a point within Sierra l-eo;e. (2) An arrangement shall not be entered into which specifically grants such privilege on an exclusive basis to another state or an airline ofanother state orto obtain sucb exchrsive privilege &om anotler state.

t47.
t47.

(l) An aircrafr capable ofbeing fullm without a pilot shall Pilotlcss not be flown over the terriiory of Sieiz Leone without special "Lctd' authorisation and in accordance with the terms of such auhorisation.

(2) Flight ofao aircraftwiftout a pilot in regions opeD to civil aircraft shall be controlled as to obviate danger to civil aircraft.

148.
148.

(l) Sierra Leone may, forreasons ofmilitary necessity or Ploiibited public safery, resn'ict or prohibit uDiformly the atcraft of other states e6- from flying over c€rtain areas of its territory with no distinction between its aircraft, engaged in international scheduled airline services and the aircraft of other contracting states.
(2) A prohibited area rmder subsection (l), shall be of reasonabl€ extent and locarion so as trot to interfere unnecessarily with air navigation ald descriptions of a prohibited area and subsequent alterations shall be cornmunicated as soon as possible to the other contracting states and to the hternatioDal Civil Aviation Organisation.

(3) In exceptional circumsta.nces or during a period of emergency.
or in &e interest of public saGty, and with immediate e fect, it may be temporari ty restricted or prohibited to flying over the whole or any pan ofSierra Leone, without distinction ofprohibition and shatl be applicable uithout distinction ofnationality to aircraft of ottrer states- (4) An afcraft entering a restricted or prchibited area may be required to effect a landing as soon as praclicable thereaftEr at some designated airport within Sierra ljone- ll4 No.
Ctuil Aviation lct 2023 tlltdIlg ar c[siolns airport.

Application of avietion Regul.tions.

149.

Exc€pt in a case where, under the teIms of the Chicago Conveltion or a special audorisatio& an aircraft is permincd to cross Sierm Itone without landing an aircraft which enters Sierra lrone shall laad at an airport designared for the purpose of custoors and other examination and depart from a similarly designated customs air?ort 150.
The laws and regulations relating to the admission ro or departure Aom Sierra kone, of aircraft engaged in international air nayigation, or to the op€ration and navigation ofsuch aircraft while within Sierra Leone shall apply to all air$aft without distinction as to n*ionality, and sball be complied with by an aircraft upon entering or departing from or *irile within Siena l-cone.

Rulcs of rbe air I5l.


(l) An aircraff flying over or manoeuwing wirhin Sierra Lroneand carrying its Dationality madq shall comply with &e rules and regulations relating to the flight and manoeuwe of aircraft.

(2) Rules and regulations relating to the flight and manoeuvre ofaircraft shall bc uaifomr, to the grca&st possibte extent, wi6 those established tom time to time rIIdeI the Chicago Convention and over the high s.as, the rules in force shall be those established rmder tIIe Chic€o Convention.
(3) A person wbo violates a regulation under subsection (2) commits an offence and is liable on conviction to a t-rne not exceeding 5,000 United Slat€s dolla$ and to imprisonmenr for a tentr not exceeding 5 years, or to both such fine and imprisonmeDl Entry and cleararce Regulations 152 The laws and regulatiotrs ofsierra Leone relating to admission to or depamrre &om Sierra Leone ofpassengers, crcw or cargo of aircraft such as regulations relating to eno-y, clearance, immigratioq passponsj customs, and quaranti e shall be complied wittr by or on behalfofsuch passengers, crew oi cargo upon entraDce into or departurc &om, or *hile witbin Sierra Leone.
No.

CivilAtiiatio4Act 2023 t6 153.
Effeative measures shall be taken to prevent tie spread by Prevcntion of means ofairnavigation of choler4 typhus (epidemic) and srnaltp"i, ;',#.t yellow fever, plague, and such other coDumicable diseases as it shall ftom time to time decide to designate, and to &at end, Siera [,eone will keep in close consultatioD with the €encies concerned witi intemational regulalions relariog to sanitary measures applicable to thc to aircraft and such coDsultation shall be without prejudic€ application ofany existing intemational convention on this subject to which it is a party.
154.

(l) An airport which is open ro public use by Sierra l,eone Airport and registered atoaft shaU likerv;se, su6lect tothe provisions ill"i"b ;'#.. 6E ofthe Chicago ConveltiorL be open under rmiform conditions to the aircraft ofother contracting states atrd the like unifom conditions shall apply ro rhe use, by aircraft ofevery contracting staG, ofall air navigation facilities.
including radio and meteorological services, whichmay be provided for public use for the safety and ex?edition of air navigation.
(2) Charges that may be imposed or permitted to be imposed for the use of such airports and air navigation facilities by a aircraA of aoother conracting state shatl not be higher aDd aD ancraft- (a) not engaged in scheduled intemarional ah senices, sball pay tbe same as a Sierra kone re6istered aircraft ofthe same class engaged in similar operationsi O) engaged io scheduled irternatiotral air services shall pay the same as Sierra lrone registered aircraft engaged in similar intemational air services- (3) Charges imposed for &e use of airyorts and other facilities under subsection i I ) shall be published and commmicated to the Intemarioial Cir.,il Aviation Organisation, provided that, upon representation by an interested contractirg statq the charges imposed ll6 Nlr CivilAtiotion Act 2{t23 shall be subject 1o review by the Intemational Civil Aviation Oryanisation Council, which shal rcpon and make recommendations drcr,eon for the coDsideration ofSierra l-eoDe or state conc€med and fees, dues or other charges shall not be imposed in respect solelr of tlre right oftraDsit over or ent'-v into or exit frorn Sierra Leone ofan aircraft of a contmcting state or persons or property thereon- Sa{rch of aircraft.
155.

The Authority shall have the right, without unreasotrable delay, to s€arch an aircraft of another contracting states os larding or departure and to inspect the certificates and other documents prescnibed under the Cbicago CoDvention.

Regisrrafon of aircIaft.

156.

(l) A p€rson \}'ho intends to operate an aircmft service in Sierra t eone shall register the afurraft in accordaace with the laws of Sierra l,eone or under dre law ofthe state of origin of the aircraft.
Q) The Director Geleral ma]r, upon request by an owner, operamr of an aircraft or a person who fulfls the requirements for registration of an aircrafi, register the aircraft and issue the owner, operalor or person with a certificate of registration.

(3) The Director General shall establish and maintain a cunent register of aircrafl registered by Sierra Leone and the information recorded in the certificate ofregisu'atiou.

157.
157.

An aircraft registered under this Act sball carry the Sierra l,€one nationality and registration mark assigned to it by the Autioritv.

158.

An aircraft rcgistered in another state shall uot be registered in Siera l,eone, uDless that aircraft has b€en deregistered in thar state.

Si.

[a i,oon6 regisrcrcd aircrafr and nltionqlity.

D$al rcgistration prohibited.


govcmirg ragistration l59- The registration or traDsfer of rcgistration of an aircraft shall be made in accordance widr dris Act and the regulations made llder iL No.

Ci\-tl Aviatioa Act 2023 \1 160.

An aircraft registered in Sierra L,eone, engBgpd in local and Displav of intemational air nayigalion, shall bear tbe appropriate nationality md$' and regislratioD marks- Report of regisfation.

16l.
lnformation conceming the r€g.istration and owaership of an aircrafl registsred in Siena l,eone shall be supplied to another contracting state or to the lnternational Civil Ayiation Organisation oD deman4 in addition, Siena Leone shall fumish reports to the lntemational Civil Aviation Orgarisatior, giving such pertinent data as can be made available conceming the ownership and control of aircraft in its register and habitually engaged in international aL navigation and &e data thus obtained by the Intemational Civil Aviation Organisation may be made available by it on request to other contracting states.
l@.

Practicable measures, though the issuaace of special Facilitrtion of formr-liti6' regulations or otherwise, shalt be adopti, to facilitate and e#d't€ navigation by aircraft berween Sierra L,eone and oth€r contactitrg states, and to preyent unnec€ssary delays to aircraft, crews, pnssengers and cargo, especially in the administ'ation of the laws relatiDg to immig.atioD, quarantine, customs and cleamnce.

163.
163.

Customs and inmig"tion procedurcs atrecting idernatioml cuttor6 and air navigation slrall be establishe4 so far as practicable, L accordance l?#ffi[]' with the practices whicb may be established or recommended &om ' time to time.

pursuant to the Chicago Conveution.

Cuslo s duty.

164.

(l) An aircraft on a flight to, &on!

or across the teritory of another contracting state shall be admitted temporarily fiee of duty.
subject to the existing customs regulatiors and fue[ lubricating oils, spare parts, regular equipment and aircrafl stores on board an aircmft ofa contracting state, on arrival in Sierra Leone and retained on board on leaving the territory and shall be exempt from custotrls duty, inspection fees or similar national or local duties and chargx.
(2) Subsection (l), shal not apply to any quanrities or articles unloadd except in accordance with tte existing cusoms regulations, which may require tlat they shall be kept undor customs supervision.

118 Aircraft in distress.

lrvcslitation of accidcnls.

Air saYigatiotr frrilities ard stsndard systems- No.
Civil Aviation Act 202.3 (3) Spare parts and equipment tnported into Siera LeoDe for incorpomtion in or use on aD aicraft ofaoother conEa€titrg state engaged in inlemational air navigation shall be a&nitted free of c.Dtoms duty, subject to conlpliance with the laws in force, provided that &e articles shall be kept rmder customs supervision and control.

165.
165.

(l) Sierra Leone shall provide such measur€s of assistance to aa atcraft in disfess in its teritory as it may fiDd practicable and 1o perEait, subject to coDtrol by the relevant authorities, the owners of rhe aircraft or authorities of the state in which the aircraft is regisered to proyide such measures ofztssistance as may be necessitated by the circumstances.
(2) When rmderraking search for a missirg aircraft, Sierra Leone will collaborate in coordinated measures which may be from time to time pursuant to tlre Chicago Convention.

recommeod€d 166.
recommeod€d 166.

(l) Sierra Leone shall, in the event of an accident to an aircrat ofa cont'aaing state oc€urring in its territory involving death or serious injury or indicatfug serious technical defect in the aircraft or air navigation facilities, institute al inquiry into the circunrtances of the accident, in accordance, so far as the laws permiq wirh the procedure which may be recornmended by the Intemational Civil Aviation Organisation.
(2) The state in which the aircraft is registered shall be giver the oppomrnity to appoint observers to be present at the inquiry and the rcport and findings ofthe inquiry shall be communicated to thal stare.

167.
167.

(1) Sierra Leone shall, in its tedtory, so frr as pmcdcable- (a) provide, airports, radio services, meteorological services and other air navigation facilities, to facilitate international air navigation; (b) adopt and put into operatioa appropriat€ standard systems of communications procedure, codes, markings, signals, lighting and other operational practices and rules; No.
CitiIA|iation Act 2023 IE (c) collaborate in international measures to secure the publication of aeronautical maps and charts, in accordance with standards which may be recommended or established from time to time, pursuant to the Chicago Convention.

-drcrafi radio cquipmcnt.

16& (1) An aircra& in or over the territory of Sierra Leone may.
carry radio tansmitting apparatus only ifa licence to install and op€rale such apparatus has been issued by the apprropriate authorities of th€ state in *,hich tbe aircraft is registered and the use of radio transmittitrg apparatus shall be in acsordflrce with the applicable lalrs and regulations.
(2) Radio tmnsmitting apparatus may be used ody by members ofa flight crew who are provided wilh a special licence for that purpose, issued by &e appropriate authorities of the state in which the aircraff is registered.

169- An aircraft engaged in aA navlgation shall be provided cenificates with acertificae of airworthines issued or rendered valid by the stae llX[i.",".

in which it is registered.

170.


(l) The pilot ofan aircraft and the other members ofthe Li.€nces of operating crew engaged in intemational myigation shall be provided personnel with certificates ofcompetency and licenc€s by tle state iD which the aircraft is registcred.

issued or rendered valid Q) The right to ref,$e to recognise, for the purpose of flight above Sierra Leone, cenificates of competency and licences gmnted to any of is rutionals by anothe.r contracting state, is reserved.

l7l.
l7l.

Certificates ofairworthinessand certificates of competencv RccogDition and licences issued or rendered valid bv the coBhactins state in or ccrtilicarcs which an atcraft is regisered shalt be Jognised as valid.-provi&d that the requirements under which such certificates or licences were issued or rendered valid arc equal to or above the minimum standards which may be established &om time to time pursuantto the Chicago CoD\€ntion.

* '*.

DA No.

Civil AviationAct 2023 Journey log books.


Cargo r€strictions- 172.

There shall be maintained in respect of every aircraft engagsd in at navigation ajouney log book in which shall be enrered particulars ofthe aircraft, its crew and of$chjoumey, in such form as may be prescribed Aom time to time pursuanl to the Chicago Convention- 173.
(l) Munitions of war or implements of war shau not be carried in or above Sierra Leone in an aircraft engaged in intemational navigation, except by permissiou and sball, by regulations, determine what constitutes mrmitions of war or implemens of war for the purposes of Article 35 of the Chicago Convention, giving due consideration, for the purposes of uniformity, to such recornrnendations as the I smational Civil Aviation Organisation may &om time to time make.
(2) Sierra Leone reserves the right, for reasons ofpublic order and safety, to regllate or prohibit the carriage ofarticles in or above its teritory and there shall be no distinction between an aircraft registered in Sierra lcone engaged in intemational navigation and an airrraft ofother states so engaged and no resaiction shall be imposed which may interfere with the erriage and usc on aircraft ofapparatus necessary for the operation or navigation ofthe aircraft or the safety of the personnel or pasengers.
Photographic appamtus- .

{doption of ifterdational ster&ds 3[d proccdures.

174 The use ofphotographic appamtus il1 an aircraft may be prohibited or regulated.

I75.
I75.

(l) In mattas inwhich rniformirywill fuilitateandimpiove air navigatiorq there shall be collaboration in securing the highest practicable degreeof uniformity in regulations, standards, procedure, aad orgaisation in relation to aircraft, personnel, airways and auiliary services- (2) To this end, as may be necessary, intemational standards and recommended practices and procedures adopted and am€nded by lnternational Civil Aviation Organi sation shaU be adopted and amended from time to time.
\tr C i|il .4viation Act 2023 t2t D€pnrtures from ifltcr- national sterdards &rd proccdurcs.

176.
(l) Immediate notification shall be given to th€ Intemational Civil Organisation ofdifferences between the practice and tiai estabtished by international standard, if and when it is impracticable to comply in all respects with int€$ational standard or procedure or to bring its own regulations or practices into full accord with an intemaaional standard or procedu'e after amendrDeots ofthe Iatter, or it is deemed necessary to adopt regulafions or practic€s differing h any particular respect from those establisbed by intemational standard.
p) In tbe cas€ ofamendments to intemational standards, if the appropriate amendments to the regulations or practices are made, notice to the Council shall be given withio 6O days of the adoption ofthe arnendmeff to the international standard or iDdication ofthe action proposed to b€ taken.

177.
(l) An aircrai or part tiereofwith respect to whicb tbere Endorscmcot exists an internatioDal standard ofairworthiness or perforruan*,d i,lo"illfX.ll which failed in any respect to satisry that standard at the time of its c€nificarion, shall have endorsed on or attached to its airworthiness certificae a complee €numeratioo ofthe details in respect ofwhich it so failed (2) A peBon holding a licence who does not satis$ in full the conditions laid dolar in the international staDdard relating to the class of licence or certificate which the person holds shall have endorsed on or attached to his licence a complerc enumeration ofthe particulars in which the person does not satisly such conditions.
178.

(l) An ailcrafr or personnel having certificates or licences validity of flfloifi#tes and ticrnc€s so endorsed shall not pafiicipate iD intematilnd navigatio& exc€pt with permission.

(2) The regisration or use ofan aircraft, or cenificate or licence endorsed under subsection(l), shall be ar the discretion of the appropriate authority.

tn No.

Civil Aviation Act 2023 D6igladon of routfs and aLports.

179.
179.

Tbe route to be followed within Sierra Leone by an intemational aA service and the airports which such service may use, may be dcsignated, subject to the provisions of the Chicago Conveotion- R-cgisttstion 180 When arrangements not incomistent with the provisions 1,5;-.",.

of the Chicago Convention arc.made, they shall be registered with ttre Council, o be made public as soon as possible.

- Traosfcr of clrtlin fi,trctio{s and dutics.

l8l.

Notwithstanding the provisions ofArticles 12,30.31 and ?
(a) of the Chicago Convention, when a Sierra Leone regisercd aircraft is operated pursuant to an agreement for the lease, charter or interchange ofthe aircraft or any similar arrangement by an operalor who has bis priDcipal place ofbusiness or, if the person has no such place of business, his pennanem residence in another confiacting state, it may, by €reement with such other state, tansfer to it all or part of its firnctions and duties as state of regrstry in respe€1 of tbat aircraftunderArticles 12,30,31 and 32 (a).
Penalty for non- conforoity of lirliic, 182 Where the IDternational Civil Aviation Organisation Cotmcil has decided that an airline is not conforming to a final decision rendered, tbe operation ofthat airline ofa contracting state through lhe territory ofsierra teone shall not be allowed.

Repcars.

Savings.

Regulelions.

l83.

(l) Sections 59 and 60 of the Sierra Leone Airports Axtority Act 1988 arc hereby repealed (2) The Civil Aviation Act, 2017 is hereby repealed.

184.
184.

A licence or cenificale issued or statutory imaument made uder the Civil Avixion Act, 2017 shall remain in forc€ until eryrcssly revoked.

185.

The Director-Ceneral may, make such regulations, orders and nrles, as may be considered necessary or expedient to provide for regulating air navigation and air transpor!

giving emect to the Clhicago Convention and the Annexes tlrereto and generally.

for the better carrj/ing out the objects and purposes of this AcL Nc.
C;vil Artialion Act 2023 MEMORANDLII\4 OF OBJECTSAND REASONS The purpose ofthis Bill is to provide for the repeal alrd replacement ofthe Civil Aviation Act, 2019 (Act No.

7 of 2019), to provide for an effective aviation safety and security oversight si,stem; to provide for the incorporation of the requirements ofthe Chicago ConveDtion on International C ivil Aviation ( I 944) into domestic law and to provide for other related Dafiers.
The Bill is divided into l5 panF PART l-provides for the interpretation ofcertain terns and expressions in the Bill and the application ofthe Acl.

PART ll-Continuation of Sierra Leone Civil Aviation Au&ority - deals with th€ continuation of the Sierm l,eooe Civil Aviation Authority and the Board of the Autllority.
P.ART m-slales the object ofAuthority and provides for the powers ofAuthority, the fiDctions and powers of the Dtector4en6ral including the power to obtain information, issue compliance orders and emergency orders.

PART IV -Administradle provisions - deals with the appointrnent and firnctions of Director4eneral, other staff of the Au6ority, limitation of action agaimt the Autbority and cooperalioD rvith otlrer agencies.
PART V'-Finaucial prcvisions provides for funds ofAurhorit_v inoludingAccomt and audit of the Aulhority.

124 No Civil Aiatioh Act 2023 PART Ll-Airspac€ contol and facilities - deals with the use and regulation of airpace.

PART VII -Nationality and aircraft owne.Tship - deals with aircraft rcgistration and rclat€d matt€rs.
PART Vllf-Safety reguladon ofcivil aviation - include genera.l safety powers and duties, State safety programme, power to prevent flight, riglrt to access, peBonnel inspectiotr ofaircrat, tra$portation ofdangerous licence, airwor&iness c€rtificate, goods by at and c€rtificatioo ofaircraft maintenance organisations.
PART lx-Aircmfr accidents and incidents investigatiotrs - deals wilh matters relating to aircran accidents and incidents and the establishment and ftnding of rhe Sierm Ieone Aircraft Accident and Incident Investigation Bureau, appointment ofthe Commissioner ofAircraft Accident Investigation and lnvestigator- in-charye md the notfication of accidents and incidents.
PART X-Economic regulations - contains provisions relating to air traNport terms and conditions of licences, aerial wort permit, ah routes and ainrals and th€ licence ofdomestic and foreign air operators.

PART XI -Establishment and managem€nt of aerodromes - covers the establisbrreDt ofaero&omes, aerodiome c€rtificates aIId enviroDmental factors to be consider€d in establishing aerodromes.
PART X[-Aviation security - deals with aviation security including the establisbme of a National Civil Aviation Security Prograrnme and Advanced Passenga Infonnation System.

i\*o, Ciril At'idtion Act 2023 15 PART Xm -AviatioD security oversight - establishes the Security Ovenight Unit and makes the National Civil Aviation Security policy a state requirement PART XlV-Otrences and penalties- prescribes offenc€s and penalties for the contravention of this Act.
PART XV-MISCELT ANEOUS PROVISIONS -cortainrpeal and savingFovisioE and the power to make regulatiom.

Made this 2l st day of Marcb.2o23.

KABINEH KALI'N, Minister ofTtansport od lviation - 1 PREIIED AxD hlBusHED gr r.E Go\B}{M.orr PRorrE{o DE?^rrMENr, SmR LEo}aE G,tE'r'rE No.14 o!

238.D M,^.Rc4 2023-