Airports Authority Law (2005 Revision)

CAYMAN ISLANDS Airports Authority Law (2005 Revision) AIRPORTS AUTHORITY (SAFE GUARDING) REGULATIONS, 2019 (SL 21 of 2019) Supplement No. 1 published with Legislation Gazette No. 14 dated 9th May, 2019 PUBLISHING DETAILS Page 2 SL 21 of 2019 c Airports Authority (Safe Guarding) Regulations, 2019 Arrangement of Regulations CAYMAN ISLANDS Airports Authority Law (2005 Revision) AIRPORTS AUTHORITY (SAFE GUARDING) REGULATIONS, 2019 (SL 21 of 2019) Arrangement of Regulations Regulations Page 1. Citation ......................................................................................................................................5 2. Definition ...................................................................................................................................5 3. Obstruction by a tree .................................................................................................................6 4. Obstruction by a proposed development of a structure ..............................................................6 5. Obstruction by a watercraft, vessel or its connected appendages ..............................................6 6. Obstruction by a crane or other equipment ................................................................................7 c SL 21 of 2019 Page 3 Airports Authority (Safe Guarding) Regulations, 2019 Regulation 1 CAYMAN ISLANDS Airports Authority Law (2005 Revision) AIRPORTS AUTHORITY (SAFE GUARDING) REGULATIONS, 2019 (SL 21 of 2019) In exercise of the powers conferred by section 41 of the Airports Authority Law (2005 Revision) the Cabinet makes the following Regulations — 1. Citation 1. These Regulations may be cited as the Airports Authority (Safe Gaurding) Regulations, 2019. 2. Definition 2. In these Regulations — “obstacle limitation surface” means a defined airspace surrounding an aerodrome that is to be maintained free from obstacles so as to permit the intended aeroplane operations at the aerodrome to be conducted safely and to prevent the aerodrome from becoming unusable by the growth of obstacles around the aerodrome or other object which may penetrate the obstacle limitation surfaces in certain circumstances causing an increase in the obstacle clearing altitude for an instrument approach procedure and associated visual circling procedures, contributing to the aerodrome becoming unusable. c SL 21 of 2019 Page 5 Regulation 3 Airports Authority (Safe Guarding) Regulations, 2019 3. Obstruction by a tree 3. (1) The Authority may remove a tree, where that tree is in such close proximity to an obstacle limitation surface in such a manner that the tree obstructs or poses a danger to the safe operation of an aircraft. (2) The Authority shall, except in an emergency, give notice in writing to — (a) the owner of the land on which the tree is located; and (b) where the owner is not the occupier of the land, the occupier of the land on which the tree is located, of the need to remove the tree. (3) The notice shall specify the date by which the Authority shall cause the tree to be removed. (4) Where the Authority causes a tree to be removed, the tree shall be removed in accordance with good arboriculture practice and so as to do as little damage as possible to other trees, plants and crops which do not penetrate or are not a risk to penetrate the obstacle limitation surface. (5) Where a tree is removed pursuant to this regulation, the cost to remove the tree, in the first instance, shall be that of the Authority and in the event that any further tree removal on the same property may be required thereafter, such tree removal shall be at the expense of the owner of the land or where the owner is not the occupier of the land, the occupier of the land. 4. Obstruction by a proposed development of a structure 4. The Authority may, where a proposed development of a structure will be in such close proximity to an obstacle limitation surface in such a manner that that structure will obstruct or pose a danger to the safe operation of an aircraft, require that the owner or occupier of the land — (a) provide, at the sole cost of the owner or occupier of the land, a detailed surveyor’s report of the proposed structure prior to the commencement of the development; or (b) cease or alter the development of the structure so as to prevent the structure from being an obstruction or danger to the safe operation of an aircraft. 5. Obstruction by a watercraft, vessel or its connected appendages 5. The Authority may, where the operation of a watercraft, vessel or its appendages will be in such close proximity to an obstacle limitation surface in such a manner that the watercraft, vessel or its appendages will obstruct or pose a danger to the safe operation of an aircraft, require that the owner or operator of that watercraft, vessel or its appendages to — Page 6 SL 21 of 2019 c Airports Authority (Safe Guarding) Regulations, 2019 Regulation 6 (a) provide, at the sole cost of the owner or operator of the watercraft, vessel or its appendages, a suitable or acceptable report prior to the commencement of any proposed operation; or (b) cease or alter the operation of the watercraft, vessel or its appendages so as to prevent the watercraft, vessel or its appendages from being an obstruction or danger to the safe operation of an aircraft. 6. Obstruction by a crane or other equipment 6. The Authority may, where any activity, including but not limited to the operation of any crane, temporary telescoping boom equipment or its connected appendages will be in such close proximity to an obstacle limitation surface in such a manner that the crane, temporary telescoping boom equipment or its connected appendages will obstruct or pose a danger to the safe operation of an aircraft, require that the owner or operator of that crane, temporary telescoping boom equipment or its connected appendages — (a) provide, at the sole cost of the owner or operator of the crane, temporary telescoping boom equipment or its connected appendages, a suitable or acceptable report prior to the commencement of any proposed operation; or (b) cease or alter the operation of the crane, temporary telescoping boom equipment or its connected appendages so as to prevent the crane, temporary telescoping boom equipment or its connected appendages from being an obstruction or danger to the safe operation of an aircraft. Made in Cabinet the 30th day of April, 2019. Kim Bullings Clerk of Cabinet c SL 21 of 2019 Page 7