Air Navigation and Transport Act, 1936

Air Navigation and Transport Act, 1936 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1936 Air Navigation and Transport Act, 1936 Air Navigation and Transport Act, 1936 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 40 of 1936. AIR NAVIGATION AND TRANSPORT ACT, 1936. ARRANGEMENT OF SECTIONS PART I Preliminary and General Section 1. Short title. 2. Definitions. 3. Application of Act to State aircraft. 4. Saving for lighthouse authorities. 5. General provisions in relation to Orders made by the Executive Council. 6. Regulations. 7. Fees. 8. Repeal of Air Navigation Act, 1920. 9. Expenses. PART II Provisions in relation to the Paris Convention 10. Power to give effect to the Paris Convention. 11. Power to apply Paris Convention to internal flying. 12. Special provisions which may be made by Order of the Executive Council. 13. Power to compel compliance when aircraft disobeys signals. 14. Expenses of International Commission for Air Navigation, etc. 15. Continuance of orders and regulations made under Part I of the Air Navigation Act, 1920. 16. Continuance of existing certificates and licences. PART III Carriage by Air Chapter I . International Carriage by Air 17. Warsaw Convention to have the force of law in Saorstát Eireann. 18. Liability of carrier in the event of the death of a passenger. 19. Actions against High Contracting Parties who undertake carriage by air. Chapter II . Carriage by air which is not international. 20. Application of Chapter I of this Part of this Act to carriage by air which is not international. PART IV Liability in Respect of Damage Caused by Aircraft to Persons and Property on Land or Water, Survival of Causes of Action Arising out of such Liability, Limitation of such Liability, and Compulsory Insurance by Owners of Aircraft Against such Liability Chapter I . Liability in Respect of Damage Caused by Aircraft to Persons or Property on Land or Water 21. Liability for damage caused by aircraft to persons or property on land or water. Chapter II . Survival of Causes of Action arising out of Liability in Respect of Damage Caused by Aircraft to Persons and Property on Land or Water, Limitation of such Liability and Compulsory Insurance by Owners of Aircraft against such Liability 22. Commencement of Chapter II of Part IV. 23. Survival of cause of action in respect of loss or damage caused by aircraft to persons and property on Land or water. 24. Limitation of liability for damage caused by aircraft to persons and property on land or water. 25. Obligation of owners of aircraft to be insured against certain third party risks. 26. Hirers of aircraft to be treated as owners in certain circumstances. 27. Approved aircraft insurer. 28. Certificate of insurance. 29. “Exempted persons”. 30. Deposits by exempted persons. 31. Payment of judgment debts out of deposit. 32. Release of deposits. 33. Regulations for purposes of Part IV. Chapter III . Provision in relation to the Rome Convention 34. Commencement of Chapter III of Part IV. 35. Provision for giving effect to the Rome Convention. PART V Establishment and Maintenance of Aerodromes by the Minister for Industry and Commerce and Local Authorities, and Acquisition of Land, etc., for those purposes 36. Extension of meaning of “the purposes of this Part of this Act”. 37. Power of Minister and local authority to establish and maintain aerodromes. 38. Power of local authorities to carry on businesses in connection with aerodromes. 39. Right of entry on land by the Minister and local authorities. 40. Acquisition by the Minister of land by agreement. 41. Compulsory acquisition of land, etc., by the Minister. 42. Disposal of surplus land by the Minister. 43. Acquisition of land by local authorities. 44. Modification of procedure for acquisition of land. 45. Interference with right of navigation and other rights. 46. Interference with public roads and bridges. 47. Protection of public roads and bridges. 48. Contributions by a local authority or conservancy or harbour authority to local authority maintaining an aerodrome and provisions in relation to management of such aerodrome by a joint committee. 49. Borrowing by local authorities. 50. Expenses of local authorities. 51. Expenses of conservancy and harbour authorities. 52. Appointment of officers by local authorities. 53. Provisions in relation to land belonging to the State. 54. Saving of rights, etc., of Minister for Posts and Telegraphs. PART VI Trespass and Nuisance by Aircraft, and Dangerous Flying 55. Restrictions on actions for damages in respect of trespass or nuisance by aircraft. 56. Penalty for dangerous flying. 57. Wreck and salvage. PART VII Administrative and Miscellaneous Provisions 58. Application to seaplanes of certain provisions of the Merchant Shipping Acts, relating to collisions at sea and signals of distress. 59. Power of conservancy and harbour authorities to make bye-laws for regulation of seaplanes when on the surface of the water. 60. Investigation of accidents. 61. Infringement of patents. 62. Jurisdiction. 63. Detention of aircraft. 64. Enforcing detention of aircraft. 65. Other provisions in relation to detained aircraft. 66. Information as to air transport undertakings and use of customs aerodromes. 67. Conveyance of mails. PART VIII The Company, Subsidiary Companies and Aer Lingus, Teoranta 68. Formation and registration of the Company. 69. Loan to Company to pay expenses of formation. 70. Issue of share capital of the Company. 71. Acquisition of shares by Minister for Finance by subscription. 72. Underwriting by the Minister for Finance of issue of shares. 73. Powers of the Minister for Finance as shareholder. 74. Powers of Minister for Finance in respect of shares held by him. 75. State guarantee of debentures of the Company. 76. Advance of moneys out of the Central Fund. 77. Payments of dividends, etc., into the Exchequer. 78. Alteration of Memorandum and Articles of Association of the Company. 79. Subsidies. 80. Loan by the Company to Aer Lingus, Teoranta. 81. Obligation to furnish balance sheets etc., to the Minister for Finance. 82. Inspection of books and documents of the Company, Aer Lingus, Teoranta, and subsidiary companies. 83. Non-application of Control of Manufactures Acts, 1932 and 1934. PART IX Restriction on Services for Internal Carriage by Air of Passengers and Goods 84. Restriction on carriage by air of passengers and goods between places within Saorstát Eireann. PART X Control and Regulation of Certain Classes of Aviation Business 85. Definitions for purposes of Part X. 86. The appointed day for the purposes of Part X. 87. Prohibition of carrying on aviation business of a class to which Part X applies by unlicensed persons. 88. Application for aviation business licences. 89. Grant of aviation business licence. 90. Operation of aviation business licence. 91. Attachment of conditions to aviation business licence. 92. Amendment of conditions of aviation business licence. 93. Breach of conditions attached to aviation business licence. 94. Commencement and duration of aviation business licence. 95. Application for renewal of aviation business licence. 96. Grant of renewal of aviation business licence. 97. Duration of renewal of aviation business licence. 98. Revocation of aviation business licence. 99. Transfer of aviation business licence. 100. Death of licensee under aviation business licence. 101. Furnishing of information and verification by applicants for grant, renewal and transfer of aviation business licences. 102. Fees on grant, etc., of aviation business licence. 103. Accounts and returns by licensees under aviation business licences. FIRST SCHEDULE International Convention for the Unification of Certain Rules Relating to International Carriage by Air SECOND SCHEDULE Conditions to which the Company is to Conform Acts Referred to Workmen's Compensation Act, 1934 No. 9 of 1934 Local Government Act, 1925 No. 5 of 1925 Merchant Shipping (Safety and Load Lines Conventions) Act, 1933 No. 42 of 1933 Aliens Act, 1935 No. 14 of 1935 Number 40 of 1936. AIR NAVIGATION AND TRANSPORT ACT, 1936. AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO THE REGULATION OF AIR NAVIGATION AND TRANSPORT, AND TO PROVIDE FOR OTHER MATTERS CONNECTED THEREWITH. [14th August, 1936.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— PART I. Preliminary and General. Short title. 1.—This Act may be cited as the Air Navigation and Transport Act, 1936. Definitions. 2.—(1) In this Act— the expression “the Minister” means the Minister for Industry and Commerce; the expression “the Paris Convention” means the International Convention relating to the regulation of aerial navigation done at Paris on the 13th day of October, 1919, and includes any amendment to the said Convention which may be made under Article 34 thereof; the expression “the Warsaw Convention” means the International Convention for the unification of certain rules relating to international carriage by air which was signed at Warsaw on the 12th day of October, 1929, and came into force in respect of Saorstát Eireann on the 19th day of December, 1935; the expression “the Rome Convention” means the International Convention for the unification of certain rules relating to damage caused by aircraft to third parties on the surface which was signed at Rome on the 29th day of May, 1933, and includes any amendment to the said Convention to which Saorstát Eireann is a party; the word “aircraft” includes all balloons, whether fixed or free, kites, gliders, airships and flying machines; the word “airship” means an aircraft using gas lighter than air as a means of support, and having means of propulsion; the word “balloon” means an aircraft using gas lighter than air as a means of support and having no means of propulsion; the word “seaplane” includes a flying boat and any other aircraft designed to manœuvre on the waters; the expression “State aircraft” means military aircraft and every aircraft exclusively employed in State services, including postal, customs, and police services; the expression “Saorstát Eireann aircraft” means aircraft registered in Saorstát Eireann; the expression “foreign aircraft” means aircraft which is registered in a country other than Saorstát Eireann; the word “goods” includes mails and animals; the word “aerodrome” means any definite and limited area (including water) intended to be used, either wholly or in part, for or in connection with the landing or departure of aircraft; the word “land” includes land covered with water, any harbour, any part of the territorial waters of Saorstát Eireann, foreshore, any easement, water-right, fishing right or other of whatsoever kind right in over or in respect of land or water, but does not include land which belongs to Saorstát Eireann by virtue of Article 11 of the Constitution; the expression “policy of insurance” includes a covering note; the expression “the Company” means the Company to be formed and registered under Part VIII of this Act; the expression “subsidiary company” means an air transport company in which more than one half of the issued share capital thereof is held by the Company; the expression “local authority” means a body which is— (a) the council of a county or other borough, or (b) the council of a county, or (c) the council of an urban district; the expressions “conservancy authority” and “harbour authority” have the same meanings respectively as in section 742 of the Merchant Shipping Act, 1894 ; the word “prescribed” where it occurs in Part II of this Act means prescribed by order made by the Executive Council under the said Part II; the word “prescribed” (except in Part II of this Act) means prescribed by regulations made by the Minister under this Act. (2) References in this Act to any country or territory (including Saorstát Eireann) shall, unless the context otherwise requires be construed as including reference to the territorial waters (if any) adjacent to such country or territory. Application of Act to State aircraft. 3.—(1) Subject to the provisions of this section, this Act (except Part III thereof) shall not apply to any State aircraft. (2) The Executive Council may by order direct that such provisions of this Act (except Part III thereof) or any order or regulations made thereunder as may be specified in such order shall, with or without modifications, apply to State aircraft, and whenever any such order is made and is in force, such of the said provisions as may be specified in such order shall, subject to such modifications (if any) as may be specified therein, have the force of law in Saorstát Eireann. Saving for lighthouse authorities. 4.—Nothing in this Act or any order or regulation made thereunder shall prejudice or affect the rights, powers or privileges of any general or local lighthouse authority. General provisions in relation to Orders made by the Executive Council. 5.—(1) An order made by the Executive Council under this Act may be made applicable to any aircraft in or over Saorstát Eireann or to Saorstát Eireann aircraft wherever they may be. (2) An order made by the Executive Council under this Act may authorise the Minister to make regulations for carrying out the purposes of such order in respect of such matters and things as may be specified in such order. (3) An order made by the Executive Council under this Act may contain such incidental, supplementary and consequential provisions as appear to the Executive Council to be necessary or expedient for the purposes of such order. (4) An order made by the Executive Council under this Act may provide that any breach or contravention of such order shall be an offence triable summarily and prescribe the punishments which may be inflicted by courts of summary jurisdiction on persons convicted by such courts of any such offence, but so that no such punishment shall exceed imprisonment for a term of six months or a fine of two hundred pounds or both such imprisonment and fine. (5) The Executive Council may by order under this sub-section revoke or amend any order made by the Executive Council under this Act including an order made under this sub-section. (6) Every order made by the Executive Council under this Act shall be laid before Dáil Eireann as soon as may be after it is made, and if a resolution annulling such order is passed by Dáil Eireann within the next subsequent twenty-one days on which Dáil Eireann has sat after such order is so laid before Dáil Eireann, such order shall be annulled accordingly but without prejudice to the validity of anything previously done under such order. Regulations. 6.—The Minister may by order make regulations in relation to— (a) any matter or thing referred to in this Act (except Part II thereof) as prescribed; (b) any matter or thing in respect of which the Minister is authorised, by an order made by the Executive Council under this Act, to make regulations for carrying out the purposes of such order; (c) any matter or thing which the Minister is by this Act authorised to prescribe by regulations made under this Act. Fees. 7.—The following provisions shall have effect in relation to all fees payable under this Act, that is to say:— (a) such fees shall be collected in money and taken in such manner as the Minister for Finance may from time to time direct, and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance; and (b) the Public Offices (Fees) Act, 1879, shall not apply in respect of such fees. Repeal of Air Navigation Act, 1920. 8.—The Air Navigation Act, 1920, is hereby repealed. Expenses. 9.—All expenses incurred by the Minister for Finance in the execution of this Act and all expenses so incurred by the Minister for Justice, the Minister for Local Government and Public Health, the Minister for Posts and Telegraphs, and the Minister, to such extent as may be sanctioned by the Minister for Finance, shall, if not otherwise provided for under this Act, be paid out of moneys provided by the Oireachtas. PART II. Provisions in relation to the Paris Convention. Power to give effect to the Paris Convention. 10.—The Executive Council may from time to time make such orders as appear to them necessary or expedient for carrying out the Paris Convention and for giving effect thereto or to any of the provisions thereof, and every such order shall have the force of law in Saorstát Eireann. Power to apply Paris Convention to internal flying. 11.—The Executive Council may from time to time by order direct that the provisions of the Paris Convention for the time being in force, or any of them, and whether or not those provisions are limited to aircraft of any special description or engaged in any special kind of navigation, shall apply to or in relation to any aircraft in or over Saorstát Eireann and whenever any such order is made such of the said provisions as are specified in such order shall apply to or in relation to any aircraft in or over Saorstát Eireann. Special provisions which may be made by Order of the Executive Council. 12.—Without prejudice to the generality of the powers conferred by the two immediately preceding sections, the Executive Council may by order made under either of the said sections make provision— (a) prescribing the authority by which any of the powers exercisable under the Paris Convention by a contracting State or by any authority therein are to be exercised in Saorstát Eireann; (b) for the licensing, inspection, and regulation of aerodromes, for access to aerodromes and places where aircraft have landed, for access to aircraft factories for the purpose of inspecting the work therein carried on, for prohibiting or regulating the use of unlicensed aerodromes, and for the licensing of personnel employed at aerodromes in the inspection or supervision of aircraft; (c) as to the manner and conditions of the issue and renewal of any certificate or licence required by the order or by the Paris Convention, including the examination and tests to be undergone, and the form, custody, production, cancellation, suspension, endorsement and surrender of any such certificate or licence; (d) as to the registration of aircraft in Saorstát Eireann; (e) as to the conditions under which aircraft may be used for carrying passengers and goods; (f) as to the conditions under which aircraft may pass, or passengers or goods may be conveyed by aircraft, into or from Saorstát Eireann or from one part of Saorstát Eireann to another; (g) exempting from the provisions of the order or of the Paris Convention, or any of them, aircraft flown for experimental purposes, or any other aircraft or persons where it appears that the same should not apply; (h) prescribing the scales of charges at licensed aerodromes; (i) appointing any area to be a prohibited area for the purposes of the order; (j) prescribing the fees to be paid in respect of the grant of any certificate or licence or otherwise for the purposes of the order or the Paris Convention; (k) supplementing the Paris Convention, in such manner as appears necessary or convenient by regulations designed to promote the safety of aircraft and of persons and property carried therein, and to prevent aircraft endangering other persons and property; (l) for the control and regulation of aerial lighthouses, lights at or in the neighbourhood of aerodromes and aerial lighthouses and lights which are liable to endanger aircraft; (m) regulating the making of signals and other communications by or to aircraft and persons carried therein, and regulating the use of any ensign established for purposes connected with air navigation; (n) prescribing any matter or thing referred to in this Part of this Act as prescribed. Power to compel compliance when aircraft disobeys signals. 13.—If any aircraft flies or attempts to fly over any area appointed as a prohibited area under or by virtue of an order made under this Part of this Act or enters or attempts to enter Saorstát Eireann in contravention of any such order, the following provisions shall have effect, that is to say:— (a) it shall be lawful for any officer designated for the purpose by such order to cause such signal as may be prescribed by such order to be given, and (b) if, after such signal has been given, the aircraft fails to respond to such signal by complying with the provisions of such order prescribing the action to be taken on such signal being given, it shall be lawful for such officer to fire at or into such aircraft and to use any and every other means at his disposal to compel compliance; (c) no action or other legal proceedings whatsoever, whether civil or criminal, shall be instituted in any court in Saorstát Eireann in respect of the doing of anything authorised to be done by any such officer under this section, whether such thing is done personally or by a person acting in aid; of or under the direction of such officer. Expenses of International Commission for Air Navigation, etc. 14.—Any sums required for the contribution from Saorstát Eireann for the organisation and operations of the International Commission for Air Navigation set up under the Paris Convention, or occasioned by the sending of delegations, shall be paid by the Minister out of moneys provided by the Oireachtas. Continuance of orders and regulations made under Part I of the Air Navigation Act, 1920. 15.—Every order and regulation made under Part I of the Air Navigation Act, 1920, and in force at the passing of this Act shall be deemed for the purposes of this Act to be made under this Part of this Act and may accordingly be amended or revoked by an order of the Executive Council, and, until so revoked and subject to any such amendment, shall continue in force. Continuance of existing certificates and licences. 16.—Every certificate and licence granted under the Air Navigation Act, 1920, or under any order or regulations made thereunder and in force at the date of the passing of this Act shall continue in force and shall be deemed, for all purposes, to have been granted under this Act or such order or regulation. PART III. Carriage by Air. CHAPTER I. International Carriage by Air. Warsaw Convention to have the force of law in Saorstát Eireann. 17.—(1) The provisions of the Warsaw Convention as set out in the First Schedule to this Act shall, so far as they relate to the rights and liabilities of carriers, passengers, consignors, consignees and other persons, and subject to the provisions of this section and the next following section, have the force of law in Saorstát Eireann in relation to any carriage by air to which the Warsaw Convention applies, irrespective of the nationality of the aircraft performing that carriage. (2) The Executive Council may by order from time to time certify who are the High Contracting Parties to the Warsaw Convention, in respect of what territories they are respectively parties, and to what extent they have availed themselves of the Additional Protocol to the Warsaw Convention, and any such order shall, except in so far as it has been superseded by a subsequent order under this sub-section, be conclusive evidence of the matters so certified. (3) Any reference in the First Schedule to this Act to the territory of any High Contracting Party to the Warsaw Convention shall be construed as a reference to the territories subject to his sovereignty, suzerainty, mandate or authority, in respect of which he is a party. (4) Any sum in francs mentioned in Article 22 of the First Schedule to this Act shall, for the purposes of an action against the carrier, be converted into the currency of Saorstát Eireann at the rate of exchange prevailing on the date on which the amount of any damages to be paid by the carrier is ascertained by the court. (5) For the purposes of this section references to agents in the First Schedule to this Act shall be construed as including references to servants. Liability of carrier in the event of the death of a passenger. 18.—Any liability imposed by Article 17 of the First Schedule to this Act on a carrier in respect of the death of a passenger shall be in substitution for any liability of the carrier in respect of the death of that passenger under any statute or at common law, and the following provisions shall have effect with respect to the persons by and for whose benefit the liability so imposed is enforceable and with respect to the manner in which it may be enforced, that is to say:— (a) the liability shall be enforceable for the benefit of such members of the passenger's family as sustained damages by reason of his death; (b) for the purposes of paragraph (a) of this section— (i) the expression “member of a family” means wife or husband, parent, stepparent, grandparent, brother, sister, half-brother, half-sister, child, stepchild, grandchild, (ii) in deducing any relationship any illegitimate person shall be treated as being, or as having been the legitimate child of his mother and reputed father; (c) an action to enforce the liability may be brought by the personal representative of the passenger or by any person for whose benefit the liability is under paragraph (a) of this section, enforceable, but only one action shall be brought in Saorstát Eireann in respect of the death of any one passenger and every such action by whomsoever brought shall be for the benefit of all such persons so entitled as either are resident in Saorstát Eireann or, not being resident there, express a desire to take the benefit of the action; (d) the amount which may be recovered in any such action shall not exceed the actual and the prospective loss resulting from such death to the members of the passenger's family; (e) subject to the provisions of paragraph (f) of this section, the amount recovered in any such action, after deducting any costs not recovered from the defendant, shall be divided between the persons entitled in such proportions as the judge before or by whom such action is tried shall determine and direct; (f) the court before whom any such action is brought may at any stage of the proceedings make such order as appears to the court to be just and equitable in view of the provisions of the First Schedule to this Act limiting the liability of a carrier and of any proceedings which have been, or are likely to be, commenced outside Saorstát Eireann in respect of the death of the passenger in question. Actions against High Contracting Parties who undertake carriage by air. 19.—(1) Every High Contracting Party to the Warsaw Convention who has not availed himself of the provisions of the Additional Protocol thereto shall, for the purposes of any action brought in a Court of Saorstát Eireann in accordance with the provisions of Article 28 of the First Schedule to this Act to enforce a claim in respect of carriage undertaken by him, be deemed to have submitted to the jurisdiction of that Court, and accordingly rules of court may provide for the manner in which any such action is to be commenced and carried on. (2) Nothing in this section shall authorise the issue of execution against the property of any High Contracting Party. CHAPTER II. Carriage by air which is not international. Application of Chapter I of this Part of this Act to carriage by air which is not international. 20.—The Executive Council may by order apply the provisions of the First Schedule to this Act and any provision (other than the immediately preceding section) of Chapter I of this Part of this Act to such carriage by air, not being international carriage by air as defined in the said First Schedule, as may be specified in such order, subject however to such exceptions, adaptations and modifications as may be specified in such order, and·wherever any such order is made the provisions of the said First Schedule and any provision of the said Chapter I specified in such order shall, subject however to such exceptions, adaptations and modifications (if any) as may be specified in such order, have the force of law in Saorstát Eireann in relation to any carriage by air, not being international carriage by air as so defined, specified in such order. PART IV. Liability in Respect of Damage Caused by Aircraft to Persons and Property on Land or Water, Survival of Causes of Action Arising out of such Liability, Limitation of such Liability, and Compulsory Insurance by Owners of Aircraft Against such Liability. CHAPTER I. Liability in Respect of Damage Caused by Aircraft to Persons or Property on Land or Water. Liability for damage caused by aircraft to persons or property on land or water. 21.—(1) Where material damage or loss is caused to any persons or property on land or water by, or by any person in, or any article or person falling from, an aircraft while in flight, taking off or landing, the following provisions shall have effect, that is to say:— (a) damages shall be recoverable from the owner of such aircraft in respect of such damage or loss, without proof of negligence or intention or other cause of action, as though the same had been caused by his wilful act, neglect, or default, except where the damage or loss was caused by or contributed to by the negligence of the person by whom the same was suffered; (b) where such damage or loss is caused in circumstances in which— (i) damages are recoverable from such owner in respect of such damage or loss by virtue only of the preceding provisions of this sub-section, and (ii) a legal liability is created in some person, other than such owner, to pay damages in respect of such damage or loss, such owner shall be entitled to be indemnified by that other person against any claim in respect of such damage or loss. (2) Where— (a) any aircraft has been bona-fide demised, let or hired out for a period exceeding fourteen days to any other person by the owner thereof, and (b) no pilot, commander, navigator, or operative member of the crew of such aircraft is in the employment of such owner, sub-section (1) of this section shall have effect as if for references therein to the owner there were substituted references to the person to whom the aircraft has been so demised, let or hired out. (3) Nothing in this section shall affect the operation of Part III of this Act or any contract for the carriage of passengers or goods by air in so far as the contract provides for determining or limiting the liability of the carrier thereunder. CHAPTER II Survival of Causes of Action arising out of Liability in Respect of Damage Caused by Aircraft to Persons and Property on Land or Water, Limitation of such Liability and Compulsory Insurance by Owners of Aircraft against such Liability. Commencement of Chapter II of Part IV. 22.—This Chapter of this Part of this Act shall come into operation on such day as may be fixed therefor by order of the Minister. Survival of cause of action in respect of loss or damage caused by aircraft to persons and property on land or water. 23.—(1) This section applies to every cause of action in respect of loss or damage which, after the commencement of this Chapter of this Part of this Act, is caused to persons or property on land or water, by, or by a person in, or an article or person falling from, an aircraft while in flight, taking off, or landing. (2) Subject to the provisions of this section, on the death of any person after the commencement of this Chapter of this Part of this Act, every cause of action to which this section applies subsisting against, or vested in him, shall survive (as the case may be) against, or for the benefit of his estate. (3) Where— (a) a cause of action to which this section applies survives, by virtue of the immediately preceding sub-section, for the benefit of the estate of a deceased person, and (b) the death of such person has been caused by the circumstances which gave rise to such cause of action, the damage recoverable for the benefit of his estate shall be calculated without reference to any loss or gain to his estate consequent on his death, except that a sum in respect of funeral expenses may be included. (4) No proceedings shall be maintainable in respect of a cause of action which, by virtue of this section, has survived against the estate of a deceased person unless either— (a) proceedings against him in respect of such cause of action were pending at the date of his death, or (b) such cause of action arises not earlier than six months before his death and proceedings are taken in respect thereof not later than six months after his personal representative took out administration. (5) Where damage has been suffered by reason of any circumstances by reason of which a cause of action to which this section applies would have subsisted against any person if that person had not died before or at the same time as the damage was suffered, there shall be deemed, for the purposes of this section, to have been subsisting against him before his death such cause of action by reason of those circumstances as would have subsisted if he had died after the damage was suffered. (6) In the event of the insolvency of an estate against which proceedings are maintainable by virtue of this section, any liability in respect of the cause of the action in respect of which such proceedings are maintainable, shall be deemed to be a debt provable in the administration of the estate, notwithstanding that it is a demand in the nature of unliquidated damages arising otherwise than by contract or promise. Limitation of liability for damage caused by aircraft to persons and property on land or water. 24.—(1) Subject to the provisions of this section, a person or, as the case may be, his estate shall not, in respect of loss or damage which, after the commencement of this Chapter of this Part of this Act, is without any gross negligence or wilful misconduct on his part and without any gross negligence or wilful misconduct (to which he was privy) on the part of his servants or agents, caused on any one occasion to persons or property on land or water by, or by a person in, or an article or person falling from, any one aircraft while in flight, taking off, or landing, be liable to pay by way of damages an amount exceeding in the aggregate— (a) in case such aircraft is an airship, twenty-five thousand pounds, or (b) in case such aircraft is a balloon (whether fixed or free), five thousand pounds, or (c) in case such aircraft is a glider, one thousand pounds, or (d) in any other case— (i) a number of pounds of the currency of Saorstát Eireann equal to the number of pounds avoirdupois constituting the weight of such aircraft fully loaded, or (ii) if the sum ascertained under sub-paragraph (i) of this paragraph is less than five thousand pounds or more than twenty-five thousand pounds, five thousand pounds or twenty-five thousand pounds, as the case may be. (2) Without prejudice to the operation of the next following sub-section, a person or, as the case may be, his estate shall not be entitled to the benefit of sub-section (1) of this section in relation to any loss or damage, if, at the time of the happening of the event which was the cause of the loss or damage, he was not the owner of the aircraft concerned and was in, or in possession or control of, the aircraft without the authority or permission of the owner thereof. (3) A person or, as the case may be, his estate shall not be entitled to the benefit of sub-section (1) of this section in relation to any claim made in respect of such loss or damage as is mentioned in the said sub-section (1) unless it is proved— (a) that a policy of insurance, issued by an approved aircraft insurer, which, subject to any restrictions or conditions specified therein, insures the owner of the aircraft concerned against all liability which he may incur in respect of such loss or damage, was in force in relation to such, aircraft at the time of the happening of the event which was the cause of the loss or damage giving rise to the claim, or (b) if the claim is made against the person who at that time was the owner of the aircraft or against his estate, that the aircraft was then in the possession or control of some other person without the authority or permission of the owner, or (c) that the owner of the aircraft was at the said time an exempted person within the meaning of this Chapter of this Part of this Act. (4) Where any person or the estate of any person is alleged to be under any liability in respect of such loss or damage as is mentioned in sub-section (1) of this section, and several claims are made or apprehended in respect of that liability, the said person or his personal representative, as the case may be, may make application to the High Court, and thereupon the court— (a) may determine the amount of the liability and, subject to the provisions of the next following sub-section, distribute that amount rateably among the several claimants; (b) may stay any proceedings pending in any other court in relation to the same matter; and (c) may give such directions as the court thinks proper for the joining of persons interested as parties to the proceedings, for the exclusion of claims which are not brought before the court within a certain time, and for requiring security from the person by whom the application to the court was made. (5) If, by virtue of this section, the amount of the liability is less than the total amount of the damages which the several claimants would, but for this section, be entitled to recover, the first-mentioned amount shall, as to one-half thereof, be appropriated in the first instance to meeting any claims in respect of loss of life or personal injury, and any part of that amount not so appropriated shall be distributed among the several claimants in proportion to their claims, including any claims in respect of loss of life or personal injury if and so far as they exceed the said appropriation. (6) Nothing in this section shall be construed as affecting the amount of any compensation payable under the Workmen's Compensation Act, 1934 (No. 9 of 1934). (7) Nothing in this section shall affect the operation of Part III of this Act or any contract for the carriage of passengers or goods by air in so far as the contract provides for determining or limiting the liability of the carrier thereunder. (8) The Minister may make regulations prescribing the manner in which the weight of an aircraft fully loaded is to be ascertained for the purposes of this section, and directing that, in the case of an aircraft of any particular class, such document (being a document which purports to show the weight of the aircraft fully loaded) as may be specified in the regulations shall be evidence of that weight. Obligation of owners of aircraft to be insured against certain third party risks. 25.—(1) After the commencement of this Chapter of this Part of this Act, it shall not be lawful for any person to fly, or cause or permit any other person to fly, an aircraft unless— (a) there is in force in relation to the flying of such aircraft by such person or such other person, a policy of insurance (in this Chapter of this Part of this Act referred to as an approved policy of insurance) issued by an approved aircraft insurer, which subject to any restrictions or conditions specified therein, insures the owner of such aircraft against all liability which he may incur in respect of loss or damage caused to persons or property on land or water in Saorstát Eireann by, or by any person in, or any article or person falling from, the aircraft while in flight, taking off, or landing; or (b) the owner of such aircraft is an exempted person within the meaning of this Chapter of this Part of this Act. (2) If any person acts in contravention of this section he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two hundred pounds or, at the discretion of the court, imprisonment for any term not exceeding six months or to both such fine and imprisonment. Hirers of aircraft to be treated as owners in certain circumstances. 26.—Where— (a) any aircraft has been bona-fide demised, let or hired out for a period exceeding fourteen days to any other person by the owner thereof, and (b) no pilot, commander, navigator or operative member of the crew of the aircraft is in the employment of such owner, the two immediately preceding sections shall have effect as if for references therein to the owner there were substituted references to the person to whom the aircraft has been so demised, let or hired out. Approved aircraft insurer. 27.—(1) The Minister may from time to time by order declare that a specified person is an approved aircraft insurer for the purposes of this Part of this Act, and whenever any such order is made and in force the person declared thereby to be an approved aircraft insurer for the purposes of this Part of this Act shall be an approved aircraft insurer for that purpose. (2) The Minister may by order revoke an order made under this section. Certificate of insurance. 28.—A policy of insurance shall be of no effect for the purposes of the preceding provisions of this Chapter of this Part of this Act unless and until there has been issued by the insurer to the insured a certificate (in this Part of this Act referred to as a certificate of insurance) in relation to such policy in such form and containing such particulars as the Minister may require. “Exempted persons”. 29.—(1) In this Chapter of this Part of this Act, the expression “exempted person” means a person (a) who has made and maintained, in respect of any aircraft of which he is the owner, the deposit of the appropriate amount with the Accountant of the Courts of Justice authorised by the next following section to be made by persons who desire to become exempted persons; and (b) to whom a certificate (which is for the time being in force) has been granted by the Minister under the next following sub-section in respect of such aircraft. (2) Where any person who is the owner of any aircraft satisfies the Minister that he has made in respect of such aircraft with the Accountant of the Courts of Justice a deposit of the appropriate amount, the Minister shall issue to such person a certificate (in this Chapter of this Part of this Act referred to as a certificate of security) in such form and containing such particulars as the Minister thinks proper. (3) Where— (a) a certificate of security has been issued to any person by the Minister under this section, and (b) either— (i) the amount, stated in a notice of deficiency given to such person by the Accountant of the Courts of Justice in pursuance of the provisions of this Chapter of this Part of this Act relating to payment of judgment debts out of deposit, has not, within fourteen days after such person has received such notice, been deposited with the Accountant of the Courts of Justice, or (ii) the deposit made by such person at the time such certificate was granted has ceased to be maintained, the Minister shall revoke such certificate. (4) In this section the expression “the appropriate amount” means in relation to any deposit made with the Accountant of the Courts of Justice— (a) in case the person making such deposit is the owner of not more than two aircraft, the sum mentioned in sub-section (1) of the next following section in respect of such aircraft, and (b) in case such person is the owner of three or more aircraft, the sum mentioned in sub-section (2) of the next following section in respect of such aircraft. Deposits by exempted persons. 30.—(1) Any person who is the owner of not more than two aircraft and who desires to become an exempted person may deposit and keep deposited with the Accountant of the Courts of Justice a sum equal to the maximum sum determined in relation to such aircraft by sub-section (1) of section 24 (which relates to limitation of liability for damage caused by aircraft to persons and property on land or water) of this Act. (2) Any person who is the owner of three or more aircraft and who desires to become an exempted person may deposit and keep deposited with the Accountant of the Courts of Justice a sum equal to the aggregate of the two greatest of the several maximum sums determined under sub-section (1) of section 24 of this Act in relation to those aircraft respectively. (3) The Accountant of the Courts of Justice shall invest every sum deposited with him under this section in such of the securities authorised by law for the investment of funds in the High Court as the person making or maintaining such deposit shall direct, and the income accruing on such securities shall be paid to the said person. (4) The Accountant of the Courts of Justice shall not accept a deposit under this section save on a warrant of the Minister. (5) The Minister may by order make rules with respect to applications for warrants for the purposes of this section, the payment of deposits and the investment thereof or dealing therewith, the deposit of stocks, shares, or other securities in lieu of money, the payment of the income from time to time accruing due on any securities in which deposits are for the time being invested, and the withdrawal and transfer of deposits. Payment of judgment debts out of deposit. 31.—(1) In this section— the word “deposit” means a deposit of money or securities in lieu of money made with the Accountant of the Courts of Justice under this Chapter of this Part of this Act by way of qualification for being an exempted person; the word “depositor” means a person who has made a deposit. (2) Where a person (in this section referred to as a judgment creditor) has recovered judgment in any court against a depositor for a sum to which this section applies the High Court may, on the application in a summary manner of the judgment creditor and if satisfied that the depositor has no goods which can be taken in execution to satisfy such judgment, order the amount of such judgment together with the costs of such order, the application therefor and the proceedings thereunder to be paid to the judgment creditor out of the deposit maintained by such depositor. (3) Whenever the High Court makes an order under the immediately preceding sub-section in respect of a deposit the Accountant of the Courts of Justice shall pay the money stated in such order to the judgment creditor specified in such order out of such deposit and shall for that purpose sell so much of the investments representing such deposit as is necessary (after defraying the costs of such sale) to enable such money to be paid. (4) Whenever the Accountant of the Courts of Justice, in pursuance of an order made by a court under this section, pays any money out of or sells any of the investments representing a deposit maintained with him by a depositor in pursuance of this Part of this Act, he shall forthwith calculate and ascertain the market value of so much of the investments representing such deposit as remains unsold and, if such market value together with any uninvested money included in such deposit falls short of the full proper amount of such deposit, he shall give to the Minister and such depositor notice in writing of such deficiency and of the amount thereof. (5) If, when a notice of deficiency of deposit is given to a depositor by the Accountant of the Courts of Justice in pursuance of the immediately preceding sub-section such depositor, not more than fourteen days after receiving such notice, deposits with the Accountant of the Courts of Justice a sum equal to the amount of the deficiency stated in such notice, the sum so deposited shall be added to and treated as part of the said deposit and such depositor shall be deemed to have maintained such deposit at its full proper amount. (6) Whenever a depositor, if an individual, becomes bankrupt or insolvent or dies or, if a corporate body, is wound up or, if a partnership or other unincorporated association, is dissolved, the deposit made by such depositor shall be applicable in the first instance to payment only of the liabilities of the depositor for sums to which this section applies and when all such liabilities of such depositor have been discharged in full shall be applicable as general assets of the depositor. (7) This section applies to any sum awarded against a depositor as damages in respect of damage or loss caused to persons or property on land or water by, or by a person in, or an article or person falling from, an aircraft, owned by such depositor, while in flight, taking off or landing. Release of deposits. 32.—Whenever the High Court is satisfied, on the application made in a summary manner by a depositor or by a person claiming through or under a depositor and after notice to the Minister and after such publication of advertisements as the High Court shall direct, that it is just and expedient that the deposit or part of the deposit made by such depositor should be paid out to the person making such application, the High Court shall order such deposit or such part thereof as may be specified in such order to be paid out to such person either unconditionally or subject to such conditions as the High Court shall think proper to specify in such order, and shall direct the Accountant of the Courts of Justice to do all such things (including the sale of the investments representing such deposit or part of such investments) as appear to the High Court to be necessary or expedient for giving effect to such order. Regulations for purposes of Part IV. 33.—(1) The Minister may by order make regulations in relation to all or any of the following matters, that is to say:— (a) applications for certificates of security; (b) the issue of copies or of new certificates in lieu of any such certificates which are lost or destroyed; (c) the carrying of documents in aircraft and the production of such documents on demand to such, persons as may be specified in such regulations. (2) If any person acts in contravention (whether by commission or by omission) of any regulations made under this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds. CHAPTER III. Provision in relation to the Rome Convention. Commencement of Chapter III of Part IV. 34.—This Chapter of this Part of this Act shall come into operation on such day as may be fixed therefor by order of the Minister. Provision for giving effect to the Rome Convention. 35.—(1) The Executive Council may, if it appears to them to be necessary or expedient for them so to do for the purposes of giving effect to the Rome Convention, make an order— (a) directing either— (i) that the provisions set out in such order shall, in relation to aircraft registered in any such country (other than Saorstát Eireann) as may be specified in the order, have effect in lieu of the provisions of Chapters I and II of this Part of this Act, or (ii) that all or any of the provisions of the said Chapters I and II shall, in relation to such aircraft, have effect subject to such modifications, adaptations and exceptions as may be specified in the order; and (b) making such provisions as appear to the Executive Council to be required for securing that a Saorstát Eireann aircraft shall not leave Saorstát Eireann on a flight to or over any such country, unless there is on board the aircraft a certificate of insurance or a certificate of security in respect of the aircraft, being a certificate in such form and issued by such person and containing such particulars as may be appointed by the order. (2) Where an order is made under the immediately preceding sub-section before the commencement of Chapter II of this Part of this Act, the said Chapter II shall, for the purposes of the said sub-section but not further or otherwise, be deemed to be in force. (3) Every order made under this section shall have the force of law in Saorstát Eireann. PART V. Establishment and Maintenance of Aerodromes by the Minister for Industry and Commerce and Local Authorities, and Acquisition of Land, etc., for those purposes. Extension of meaning of “the purposes of this Part of this Act”. 36.—The purposes of this Part of this Act for which land may be acquired by agreement or compulsorily shall include— (a) the purpose of securing that the land adjacent to an aerodrome which the Minister or a local authority has established or is about to establish shall not be used in such manner as to cause interference with, or danger or damage to, aircraft at, approaching, or leaving the aerodrome; and (b) the purposes of securing that trees; and buildings on the land adjacent to an aerodrome, which the Minister or a local authority has established or is about to establish, are, with the object of ensuring the safety of aircraft approaching or leaving the aerodrome, demolished. Power of Minister and local authority to establish and maintain aerodromes. 37.—The Minister may and any local authority may, with the consent of the Minister given after consultation with the Minister for Local Government and Public Health and subject to such conditions as he may impose, establish and maintain aerodromes and provide and maintain in connection therewith roads, bridges, approaches, apparatus, equipment, and buildings and other accommodation. Power of local authorities to carry on businesses in connection with aerodromes. 38.—(1) If the Minister is satisfied, with respect to any aerodrome maintained by a local authority under the immediately preceding section, that it is necessary or expedient that such local authority should be empowered to carry on in connection with such aerodrome any particular business, being a business which appears to him to be ancillary to the carrying on of an aerodrome, but which such local authority would not otherwise have power to carry on, he may by order authorise such local authority, subject to such conditions (if any) as may be specified in such order, to carry on that business in connection with such aerodrome. (2) The Minister may by order under this sub-section revoke or amend an order made under this section, including this sub-section. (3) The Minister shall before making an order under this section consult the Minister for Local Government and Public Health in regard thereto. Right of entry on land by the Minister and local authorities. 39.—(1) Any person (in this section referred to as an authorised officer) authorised in that behalf by the Minister or a local authority may do either or both of the following things, that is to say:— (a) enter on any land for the purpose of making thereon any inquiry, investigation, or examination preliminary or incidental to the acquisition of such land for the purposes of this Part of this Act; (b) enter, for the purposes of making thereon surveys, on any land, which adjoins or is in the neighbourhood of land acquired or the acquisition of which is contemplated for the purposes of the said Part. (2) If any person impedes or obstructs an authorised officer in the exercise of the powers conferred on such authorised officer by this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds. Acquisition by the Minister of land by agreement. 40.—The Minister may for the purposes of this Part of this Act acquire by agreement any land. Compulsory acquisition of land, etc., by the Minister. 41.—(1) If and whenever the Minister thinks proper to acquire compulsorily any land or to acquire or use compulsorily any right of impounding, diverting, or abstracting water for the purposes of this Part of this Act, the Minister may, with the consent of the Minister for Finance, by order declare his intention so to acquire such land or so to acquire or use such right, and every such order shall operate to confer on the Minister full power to acquire compulsorily the land or to acquire or use compulsorily the right mentioned therein under and in accordance with this section. (2) The Minister shall not make an order under this section in relation to any land covered by water, or which is foreshore, or in relation to any right of impounding, diverting, or abstracting water without previous consultation with the Minister for Agriculture. (3) Before making an order under this section, the Minister— (a) shall deposit and keep open for inspection at some suitable place (public notice of which shall be given) such plans, specifications, and other documents as will show fully and clearly the land or right intended to be acquired or used by virtue of the order; (b) shall give notice, in such manner as he may consider best adapted for informing persons likely to be affected by the order, of his intention to consider the making thereof and of the manner in which representations and objections in respect of the order may be made, and (c) shall, if he considers it expedient so to do, cause a public inquiry to be held in regard to the making of the order. (4) An order made under this section may incorporate— (a) the Acquisition of Land (Assessment of Compensation) Act, 1919 , and (b) the Land Clauses Acts so far as the same are not inconsistent with the said Acquisition of Land (Assessment of Compensation) Act, 1919 . (5) Nothing in this section shall authorise the Minister to acquire, use, or otherwise interfere with compulsorily under this section any land which at the date of the first publication of notice of the intention of the Minister to consider the making of a special order in that behalf belongs to any railway, electricity, gas, or water undertaker and is used or authorised to be used by such undertaker for the purpose of his undertaking. (6) The following provisions shall have effect in relation to any public inquiry held under this section:— (a) the Minister shall appoint a fit and proper person to hold such inquiry; (b) such person is hereby authorised to administer oaths to persons appearing as witnesses at such inquiry; (c) any person interested in the subject matter of such inquiry shall be entitled to appear personally or by counsel or solicitor and to adduce evidence. Disposal of surplus land by the Minister. 42.—(1) The Minister may at any time dispose in such m …