IE
(LRC Revised)
Statutory Text (1 Articles)
Number 9 of 1975
AIR NAVIGATION AND TRANSPORT ACT 1975
REVISED
Updated to 7 December 2022
Changes to legislation
as of 10 July 2026, this Act is up to date with all changes known to be in force.
This Revised Act is an administrative consolidation of the
Air Navigation and Transport Act 1975
. It is prepared by the Law Reform Commission in accordance with its function under
the
Law Reform Commission Act 1975
(3/1975) to keep the law under review and to undertake revision and consolidation
of statute law.
All Acts up to and including the
Air Navigation and Transport Act 2022
(40/2022), enacted 7 December 2022, and all statutory instruments up to and
including the
National Archives Act 1986 (Section 8(1A)) (Transfer of Departmental Records) (No.
3) Order 2022
(S.I. No. 662 of 2022), made 7 December 2022, were considered in the preparation
of this Revised Act.
Disclaimer: While every care has been
taken in the preparation of this Revised Act, the Law Reform Commission can assume
no
responsibility for and give no guarantees, undertakings or warranties concerning the
accuracy, completeness or up to date nature of the information provided and does not
accept any liability whatsoever arising from any errors or omissions. Please notify
any
errors, omissions and comments by email to revisedacts@lawreform.ie.
Number
9
of
1975
AIR NAVIGATION AND TRANSPORT ACT 1975
REVISED
Updated to 7 December 2022
ARRANGEMENT OF SECTIONS
Section
1.
Interpretation.
2.
Trial of offences under this Act.
3.
Unlawful acts against the safety of aviation.
4.
Powers of arrest, etc., for offences, under this Act.
5.
Application of the Extradition Act, 1965, to persons arrested under this Act.
6.
Penalties for offences under section 3.
7.
Amendment of section 10 of the Air Navigation (Eurocontrol) Act, 1963.
8.
Expenses.
9.
Short title and collective citation.
SCHEDULE
Acts Referred to
Extradition Act, 1965
1965, No. 17
Offenders Act, 1907
1907, c. 17
Air Navigation (Eurocontrol) Act, 1963
1963, No. 15
Number
9
of
1975
AIR NAVIGATION AND TRANSPORT ACT 1975
REVISED
Updated to 7 December 2022
AN ACT TO ENABLE EFFECT TO BE GIVEN
TO THE CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF CIVIL
AVIATION, DONE AT MONTREAL ON THE 23rd DAY OF SEPTEMBER, 1971, AND TO PROVIDE FOR
MATTERS
RELATED THERETO. [19
th June
, 1975]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS
Annotations
Modifications (not altering text)
C1
Application of collectively cited
Airports and Aviation Acts 1936 to
2004
affected (21.09.2011) by
European Communities (Birds and Natural
Habitats) Regulations 2011
(S.I. No. 477 of 2011), regs. 42(22), 46(3),
63(2) and sch. 2, in effect as per reg. 1(3).
Screening for Appropriate Assessment and Appropriate Assessment of implications for
European Sites
42. ...
(22) Notwithstanding any provision of any statute listed in the Second Schedule that
provides for the consent for a plan or project to which this Regulation applies to
be obtained by default on the failure of the public authority to provide a response
within a specified timescale or otherwise, that provision shall not have effect in
respect of any plan or project to which this Regulation applies
...
Review of existing plans
46. ...
(3) For the purposes of this
Regulation, a decision, including a decision to adopt or undertake, or give
approval for a plan, may include those adopted, undertaken or approved pursuant to
any of the enactments set out in the Second Schedule to these Regulations.
...
General provisions regarding licences etc
63. ...
(2) A licence, consent, permission, permit, derogation or other authorisation given
under these Regulations or under any of the enactments referred to in the Second Schedule
may include conditions requiring compliance with any guideline or code of practice
issued under Regulation 71 or such provisions thereof as may be specified in the conditions.
...
SECOND SCHEDULE
Number
Year
Short Title/Citation
...
...
...
...
...
Airports and Aviation Acts 1936 to 2004
...
C2
Authorised officer of the Irish Aviation Authority authorised to
exercise powers under
Air Navigation and Transport Act 1988
(15/1988), s.
18 in relation to enforcement of any provisions of collectively cited
Air
Navigation and Transport Acts
as provided (8.12.1993) by
Irish Aviation
Authority Act 1993
(29/1993), s. 72(4), (5), S.I. No. 355 of 1993.
Miscellaneous amendments of Acts.
72.
— ...
(4) An authorised officer of the company may for the purposes of the enforcement of
any provisions of—
(a) the Acts or this Act or an instrument made or given thereunder and relating to
a matter to which a function of the company relates,
(b) the Annexes to the Chicago Convention specified in the Schedule, or
(c) the Eurocontrol Convention,
exercise any of the powers conferred by section 18 of the Act of 1988 on an authorised
person within the meaning of that section and, for the purposes of such exercise,
subsections (2) and (4) of that section shall apply in relation to an authorised officer
of the company as they apply in relation to an authorised person within the meaning
aforesaid.
(5) The powers conferred on an authorised officer within the meaning of section 33
of the Act of 1988 by subsection (1) (b) of that section may be exercised by an authorised
person within the meaning of section 18 of that Act.
C3
Application of collectively cited
Air Navigation and Transport Acts
extended in so far as an instrument made under the collectively cited
Air Navigation and Transport Acts
relates to a matter to which a function of the Irish Aviation Authority relates (8.12.1993)
by
Irish Aviation Authority Act 1993
(29/1993), s. 74, S.I. No. 355 of 1993.
Offences.
74.
—(1) Without prejudice to subsection (2), if in relation to an aircraft there is a
contravention of a provision of this Act or an instrument to which this section applies,
the operator of the aircraft (not being the State) and the pilot in command thereof
shall be deemed to have contravened the provision or instrument, as the case may be.
(2) A person who contravenes or is deemed to have contravened an instrument to which
this section applies or fails to comply with a condition thereof shall be guilty of
an offence.
...
C4
Power of Minister to refuse to cancel the registration of an aircraft
under collectively cited
Air Navigation and Transport Acts
extended
(22.06.1988) by
Air Navigation and Transport Act 1988
(15/1988), s. 15,
commenced on enactment.
Extension of power of Minister to refuse or cancel registration of aircraft.
15.
—(1) Any
power conferred on the Minister under the Acts to refuse or cancel the
registration of an aircraft shall include the power, if it appears to him that an
aircraft does not, or has ceased to, comply with any security or safety
requirements specified by the Minister in a direction under section 13 , to refuse
or to cancel the registration of that aircraft.
...
Editorial Notes
E1
Power to appoint an authorised officer under
Air Navigation and Transport (Amendment) Act 1998
(24/1998), s. 48 as authorised officer under collectively cited
Airports and Aviation Acts
or for specific purposes provided (27.07.2014) by
State Airports (Shannon Group) Act 2014
(27/2014), s. 48(10), commenced on enactment.
E2
Certain immunity of authorised officer under collectively cited
Airports and Aviation Acts
provided (27.07.2014) by
State Airports (Shannon Group) Act 2014
(27/2014), s. 49, commenced on enactment.
Annotations
Modifications (not altering text)
C1
Application of collectively cited
Airports and Aviation Acts 1936 to
2004
affected (21.09.2011) by
European Communities (Birds and Natural
Habitats) Regulations 2011
(S.I. No. 477 of 2011), regs. 42(22), 46(3),
63(2) and sch. 2, in effect as per reg. 1(3).
Screening for Appropriate Assessment and Appropriate Assessment of implications for
European Sites
42. ...
(22) Notwithstanding any provision of any statute listed in the Second Schedule that
provides for the consent for a plan or project to which this Regulation applies to
be obtained by default on the failure of the public authority to provide a response
within a specified timescale or otherwise, that provision shall not have effect in
respect of any plan or project to which this Regulation applies
...
Review of existing plans
46. ...
(3) For the purposes of this
Regulation, a decision, including a decision to adopt or undertake, or give
approval for a plan, may include those adopted, undertaken or approved pursuant to
any of the enactments set out in the Second Schedule to these Regulations.
...
General provisions regarding licences etc
63. ...
(2) A licence, consent, permission, permit, derogation or other authorisation given
under these Regulations or under any of the enactments referred to in the Second Schedule
may include conditions requiring compliance with any guideline or code of practice
issued under Regulation 71 or such provisions thereof as may be specified in the conditions.
...
SECOND SCHEDULE
Number
Year
Short Title/Citation
...
...
...
...
...
Airports and Aviation Acts 1936 to 2004
...
C2
Authorised officer of the Irish Aviation Authority authorised to
exercise powers under
Air Navigation and Transport Act 1988
(15/1988), s.
18 in relation to enforcement of any provisions of collectively cited
Air
Navigation and Transport Acts
as provided (8.12.1993) by
Irish Aviation
Authority Act 1993
(29/1993), s. 72(4), (5), S.I. No. 355 of 1993.
Miscellaneous amendments of Acts.
72.
— ...
(4) An authorised officer of the company may for the purposes of the enforcement of
any provisions of—
(a) the Acts or this Act or an instrument made or given thereunder and relating to
a matter to which a function of the company relates,
(b) the Annexes to the Chicago Convention specified in the Schedule, or
(c) the Eurocontrol Convention,
exercise any of the powers conferred by section 18 of the Act of 1988 on an authorised
person within the meaning of that section and, for the purposes of such exercise,
subsections (2) and (4) of that section shall apply in relation to an authorised officer
of the company as they apply in relation to an authorised person within the meaning
aforesaid.
(5) The powers conferred on an authorised officer within the meaning of section 33
of the Act of 1988 by subsection (1) (b) of that section may be exercised by an authorised
person within the meaning of section 18 of that Act.
C3
Application of collectively cited
Air Navigation and Transport Acts
extended in so far as an instrument made under the collectively cited
Air Navigation and Transport Acts
relates to a matter to which a function of the Irish Aviation Authority relates (8.12.1993)
by
Irish Aviation Authority Act 1993
(29/1993), s. 74, S.I. No. 355 of 1993.
Offences.
74.
—(1) Without prejudice to subsection (2), if in relation to an aircraft there is a
contravention of a provision of this Act or an instrument to which this section applies,
the operator of the aircraft (not being the State) and the pilot in command thereof
shall be deemed to have contravened the provision or instrument, as the case may be.
(2) A person who contravenes or is deemed to have contravened an instrument to which
this section applies or fails to comply with a condition thereof shall be guilty of
an offence.
...
C4
Power of Minister to refuse to cancel the registration of an aircraft
under collectively cited
Air Navigation and Transport Acts
extended
(22.06.1988) by
Air Navigation and Transport Act 1988
(15/1988), s. 15,
commenced on enactment.
Extension of power of Minister to refuse or cancel registration of aircraft.
15.
—(1) Any
power conferred on the Minister under the Acts to refuse or cancel the
registration of an aircraft shall include the power, if it appears to him that an
aircraft does not, or has ceased to, comply with any security or safety
requirements specified by the Minister in a direction under section 13 , to refuse
or to cancel the registration of that aircraft.
...
Editorial Notes
E1
Power to appoint an authorised officer under
Air Navigation and Transport (Amendment) Act 1998
(24/1998), s. 48 as authorised officer under collectively cited
Airports and Aviation Acts
or for specific purposes provided (27.07.2014) by
State Airports (Shannon Group) Act 2014
(27/2014), s. 48(10), commenced on enactment.
E2
Certain immunity of authorised officer under collectively cited
Airports and Aviation Acts
provided (27.07.2014) by
State Airports (Shannon Group) Act 2014
(27/2014), s. 49, commenced on enactment.
Section
1.
Interpretation.
2.
Trial of offences under this Act.
3.
Unlawful acts against the safety of aviation.
4.
Powers of arrest, etc., for offences, under this Act.
5.
Application of the Extradition Act, 1965, to persons arrested under this Act.
6.
Penalties for offences under section 3.
7.
Amendment of section 10 of the Air Navigation (Eurocontrol) Act, 1963.
8.
Expenses.
9.
Short title and collective citation.
SCHEDULE
Number
9
of
1975