Air Navigation and Transport (Amendment) Act, 1998
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PART V Provisions in Relation to Regulation of Airports | ||
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Airport charges. |
39.—(1) The company may require the payment to it of airport charges, in respect of the use of a State airport, at such rates as it may, from time to time, with the approval of the Minister, determine. | |
(2) Liability for the payment of any charge payable by virtue of subsection (1), together with interest on such charges in respect of any period during which the charges were due but not paid, may be imposed upon the operator or registered owner of an aircraft, whether such aircraft is registered in the State or is not so registered, or upon both those persons. | ||
(3) For the purpose of facilitating the assessment and collection of charges payable by virtue of subsection (1) the operator or registered owner of an aircraft shall— | ||
(a) make such records of the movement of aircraft, the tonnage, class and description of aircraft, the number of passengers or volume and types of cargo carried thereon and such other particulars relating to aircraft, passengers or cargo as the company may specify, | ||
(b) preserve all records to which this subsection applies for such period as may be specified by the company, | ||
(c) produce records to which this subsection applies for inspection by an authorised person, at such times as required to so do by an authorised person, and | ||
(d) furnish to the company such particulars of any such records as the company may specify. | ||
(4) (a) Without prejudice to section 40 , charges payable to the company by virtue of subsection (1), together with interest on such charges in respect of any period during which the charges were due but not paid, shall be recoverable by the company as a simple contract debt in any court of competent jurisdiction. | ||
(b) The reference in paragraph (a) to charges payable to the company includes a reference to any balance of an amount of such charges remaining due to the company after it has sold an aircraft under section 40 to satisfy those charges. | ||
(5) (a) An operator or registered owner of an aircraft who refuses or fails to furnish the company with any record referred to in subsection (3) when requested by the company to do so shall be guilty of an offence. | ||
(b) An operator or registered owner of an aircraft who defaults in the payment of charges imposed by the company under subsection (1) shall, without prejudice to any proceedings or steps taken or to be taken for the purpose of recovering the charges under subsection (4) or section 40 , be guilty of an offence. | ||
(6) The Public Offices (Fees) Act, 1879, shall not apply in respect of airport charges. |