1. Section 3 of Act 678 amended
The Ghana Civil Aviation Act, 2004 (Act 678) referred to in this Act as the “principal enactment” is amended in section 3 by the substitution for subsection (1), of
“(1) The Authority is responsible
(a) generally for the following:
(i) administering and giving effect to this Act;
(ii) advising the Government on matters relating to civil aviation;
(iii) ensuring due compliance with the Conventions, Annexes, Protocols, Technical Instructions, Standards and Recommended Practices of the International Civil Aviation Organisation through their domestication into Directives issued under section 21 and Instruction and Circulars 1ssued under section 9;
(iv) carrying out continuous surveillance activities to ensure compliance with the Conventions, Annexes, Protocols, Technical Instructions, Standards and Recommended Practices of the International Civil Aviation Organisation as domesticated in the Directives issued pursuant to this Act;
(v) carrying out any other Treaty or Agreement in the field of Civil Aviation to which Ghana is a party;
(vi) developing guidelines and guidance for the implementation of a safety management system that requires operators and stakeholders in the aviation sector to incorporate safety management systems in their operational activities;
(vii) entering into Agreements for co-operative endeavours in the field of civil aviation, aviation safety and security with other international and regional contracting States;
(viii) establishing a safety programme to achieve an acceptable level of safety in the operation of aircraft, aerodromes, air traffic management, aviation training organisations and aircraft maintenance;
(ix) the establishment and enforcement of the requirements contained in the National Civil Aviation Security Programme;
(x) coordinating facilitation activities with other governmental agencies and aviation stakeholders;
(xi) establishing, implementing and maintaining the National Air Transport Facilitation Programme and the National Air Transport Facilitation Committee;
(xii) establishment and administration of a National Aeronautical Search and Rescue Committee;
(xiii) expropriating property for use in aeronautical search and rescue in emergency situations when necessary;
(xiv) carrying out investigations into incidents, complaints, or occurrences of a safety or a security nature;
(xv) taking all steps reasonably necessary, including the power to ground any aircraft and to seal the premises of any air transport service provider or provider of allied aviation service, in order to ensure compliance with the provisions of this Act and the Directives, Instructions and Circulars issued under this Act and Regulations made under this Act;
(xvi) taking enforcement action and imposing penalties or other administrative action against any violations of this Act, Directives, Instructions and Circulars of any nature issued by the Authority;
(xvii) safeguarding aerodromes, navigational sites, proposed aerodromes, proposed navigational sites and navigable airspace from obstructions, interferences and intrusions which affect safety or security of air transportation;
(xix) access to and inspection of all aviation documents;
(xx) providing consultancy and management services relating to this Act, both within and outside the territory of Ghana;
(xxi) performing functions of the Authority outside the territory of Ghana when it is necessary In order to achieve the objects of the Authority;
(xxii) ensuring the protection of consumers of services in the aviation industry;
(xxiii) granting exemptions or exceptions from compliance with provisions of the Directives or other Instructions and circulars, where necessary upon application by an operator;
(b) for the regulation of air navigation services including
(i) promoting and developing safety in civil aviation and ensuring safety of air navigation and aircraft;
(ii) regulating, promoting, developing and supervising air transport operations and services;
(iii) the licensing and certification of air operators and the provision of accommodation in aircrafts;
(iv) collaborating in securing to the highest degree practicable, uniformity in regulations, standards and procedures in relation to aircraft, personnel, airways and auxiliary services in order to facilitate and improve air navigation by adopting and amending where practicable, the Standards and Recommended Practices and Technical Guidelines issued by the International Civil Aviation Organisation to contracting States;
(v) acting internationally as the national Authority or body representing the Republic in respect of matters relating to civil aviation;
(vi) entering into mutual agreements in the event of a lease, charter or interchange of an 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;
(vii) licensing of cockpit and cabin crew, flight and ground engineers, air traffic controllers, air traffic safety and electronic personnel as well as other personnel engaged in aircraft operations and allied aviation services;
(viii) prescribing measures to ensure the continuous airworthiness of aircraft;
(ix) registering and de-registering of aircraft;
(x) registering and de-registering interests in an aircraft or a part of an aircraft including the recognition of the validity of a certificate of licence of a foreign registered aircraft;
(xi) taking measures for the prevention and investigation of aircraft incident and accident;
(xii) ensuring that international units of measurements and aeronautical charts are used in air and ground operations;
(xiii) ensuring a coordinated aeronautical search and rescue service within the Accra Flight Information Region;
(xiv) supervising the operations of an aircraft;
(xv) ensuring environmental protection against aircraft noise and engine emissions;
(xvi) establishing, implementing and maintaining a State Safety Programme across the aviation system of the Republic in order to achieve an acceptable level of safety in civil aviation;
(xvii) coordinating the grant or refusal of landing and overflight permits to aircraft;
(xviii) establishment and operation of aviation training schools;
(xix) regulation of aviation training schools, organisations and other aviation facilities; and
(xx) establishment of flying schools, recreational flying schools and other aviation related activities;
(c) for the regulation of the provision of air navigation services including
(i) approval of air navigation service providers for the provision of air navigation services;
(ii) certification of air navigation facilities and regulating the siting, design, construction, operation and maintenance of navigational facilities and sites;
(iii) providing standards for the provision of air navigation services; and
(iv) aeronautical communications;
(d) for the establishment and regulation of aviation security, including
(i) coordinating security activities with the relevant agencies of Government and the National Security Council for the purpose of preventing acts of unlawful interference against civil aviation;
(ii) licensing and certifying civil aviation inspectors, security personnel responsible for screening, special agents, auditors or other properly licensed or certified persons;
(iii) ensuring compliance with the provisions enshrined in the National Civil Aviation Security Programme;
(iv) making Directives with respect to security measures for the purpose of safeguarding civil aviation against acts of criminal violence, air piracy, the introduction of unauthorised weapons, explosives or incendiary devices onto an aircraft;
(v) making Directives requiring an airport operator to have in place security contingency plans;
(vi) taking of security measures to safeguard air transport, life and property;
(vii) providing for the protection of sensitive security measures, procedures, processes, data, information and other matters that may compromise the safety and security of civil aviation in the Republic; and
(viii) approval of the establishment of aviation security services;
(e) for the establishment and regulation of aerodromes and all aerodrome service providers including
(i) regulating the establishment and use of aerodromes;
(ii) certification and registration of aerodromes;
(iii) authorisation for the use of aerodromes;
(iv) regulating the siting, design, construction, operation, maintenance and safety management of aerodromes;
(v) providing standards for the establishment of aerodromes;
(vi) taking measures to ensure that aerodrome operators provide adequate levels of rescue firefighting services for the category of aerodrome;
(vii) ensuring that air operators, aerodrome operators, concessionaires and users of the aerodrome abide by environmental protection laws and regulations including protection from aircraft noise and engine emissions, bird hazard control, handling of hazardous material, petroleum products seepage, waste management and applying the appropriate sanctions in the event of a violation;
(viii) Issuing, reviewing, transferring, refusing, suspending and cancelling aerodrome certificates; and
(ix) licensing and certification of all aviation service providers including ground handling service providers, aviation fuel suppliers, catering service providers, cargo and mail delivery service providers and any other allied aviation service providers; and
(f) for providing economic regulation for air transportation including
(i) the licensing of air transport, subject to relevant rules and Directives in force, for the economic regulation of aerodromes, airlines, airline catering service providers, ground handling service operators, aviation freight forwarders, travel agents, suppliers of computer reservation systems or global distribution systems and other providers of air transport services;
(ii) establishing guidelines for commercial arrangements entered into by air operators for the purpose of ensuring continuous surveillance over registered operators and the development of operating licences;
(iii) establishing guidelines for user charges and quality service delivery for air navigation services and aerodromes; and
(iv) developing, implementing and enforcing air transport competition rules and laws.
