SHARJAH, 22th May, 2023 (WAM) — H.H. Dr. Sheikh Sultan bin Muhammad Al Qasimi, Supreme Council Member and Ruler of Sharjah, issued Law No. (3) of 2023 regarding reorganising the Sharjah Department Of Civil Aviation.
The Law stipulates that the department shall have the legal personality and legal capacity necessary to achieve its objectives and exercise its competencies.
According to the Law and considering the functions of the Sharjah International Airport Authority, the Department of Civil Aviation is the local authority concerned with all civil aviation affairs. For this purpose, it has the following:
1. Setting the general policy and supervising civil aviation and regulating its affairs in the emirate following what is required by the legislation in force and the international regulations regulating civil aviation to preserve the safety and security of civil aviation and air navigation in the emirate in coordination with other competent authorities.
2. Representing the emirate before authorities, bodies, organisations, and other international organisations related to civil aviation affairs, considering the legislation in force.
3. Approving the issuance of licenses to practice all activities related to aviation, including air sports, training centers, aircraft maintenance, trade-in aircraft spare parts, navigational devices, airport equipment, dismantling of aircraft parts, travel agencies, air freight, and any other activity related to aviation, and supervising and controlling these activities.
4. Developing appropriate regulations for developing business related to civil aviation, maintaining safety, and ensuring compliance with internationally applicable rules.
5. Representing the emirate in regional and international civil aviation conferences per the regulations in force.
6. Approving licenses for franchise companies wishing to take part in aviation activity.
7. Determining the areas where air navigation in the emirate is prohibited, restricted, or dangerous.
8. Coordinating with the competent authorities regarding the procedures for establishing air transport establishments in the emirate and setting their operation conditions, including coordinating the procedures for operating commercial airlines for foreign airlines, granting them landing permits, and monitoring their compliance with the applicable legislation, laws, agreements, treaties, and international protocols.
9. Proposing local fees and taxes in return for the services provided by the department. These fees shall be collected following the legislation in force in this regard.
10. Submit requests for modification in the emirate's airspace to the competent authority for approval following its regulations.
11. Implementing and Following-up the international agreements, treaties, and protocols related to air navigation and air transport to which the nation is a party.
12. Authorising air operators to operate scheduled or non-scheduled flights to and from the emirate's airports after fulfilling the conditions of the competent authority concerning air safety and security, transportation rights, and bilateral agreements.
13. Signing memorandums of understanding related to air transport rights through the emirate's airports, in coordination with the competent authority.
14. Supervising the implementation of environmental protection policies following approved federal and local environmental guidelines.
15. Proposing legislation for the protection of consumer rights related to the civil aviation sector, and monitor their implementation after approval by the competent authorities, in coordination with the authority.
16. Applying the regulations issued by the competent authority concerning licenses, operating certificates for air operators, criteria for operating specifications, transportation rights, and bilateral agreements.
17. Prior authorisation for establishing airports and airstrips in the emirate, taking into account the regulations and systems decided by the competent authority, and for this purpose, it may establish the rules and conditions for issuing licenses for the construction of airports and landing lands.
18. Conducting air traffic statistics in the emirate, whether passengers, freight, or goods.
19. Developing regulations and procedures to be followed in the event of aviation accidents in the emirate, in coordination with the competent authority.
20. Issuing permits related to carrying out activities and events related to aviation or that may affect the safety of the airspace in the emirate, and inspecting and monitoring them following the system approved by it in this regard.
21. Monitoring and following up the extent of compliance of airlines in the emirate with the implementation of the provisions of agreements related to air transport rights granted to foreign carriers.
22. Regulating the operations of operating drones and all related activities in the emirate in coordination with the concerned government agencies and following the legislation in force.
23. Approving and supervising the transportation of hazardous materials by air in coordination with the various government agencies and following the legislation and controls in force.
24. Controlling, inspecting, and auditing aircraft to ensure their conformity with the international and national standards adopted in the emirate in coordination with the competent authority.
25. Approving and supervising aircraft spare parts' trading, transportation, and handling in coordination with various government entities.
26. Approving and supervising the operations of dismantling and disposing of aircraft parts in coordination with the competent authority and the concerned government entities and following the legislation and controls in force.
27. Providing and managing air navigation services at any airport established in the emirate, directly or through contracting with service providers, and setting the regulations governing the landing and take-off of aircraft following the laws and regulations in force in the country.
28. Licensing professions related to the training of inspectors for security agencies and training programmes to practise specialised professions related to aviation.
29. Organising meetings, seminars, and training programmes to raise civil aviation workers' competencies and enable them to perform duties entrusted to them.
30. Establishing a company or affiliated establishment to carry out commercial activities related to the department's jurisdiction after the Executive Council's approval.
31. Any other tasks or competencies related to regulating civil aviation affairs in the emirate entrusted to the department by the Ruler or the Executive Council.
By the Law, the department shall have a chief appointed by an Emiri Decree, assisted by sufficient employees and experts following its organisational structure. The chief shall have the powers and authorities necessary to manage the department's affairs and make the necessary decisions to achieve its objectives. In particular, The chief shall have the following:
1. Suggesting the general policy and strategy necessary to achieve the department's objectives and presenting it to the council for approval or taking the required action.
2. Supervising the workflow in the department following the legislation and regulations in force, issuing the decisions, instructions, and circulars necessary for that, and following up on their implementation.
3. Supervising the implementation of spending from the department's budget within the appropriations approved, following the procedures followed in this regard.
4. Forming permanent and temporary committees and work teams affiliated with the department and defining their terms of reference and work system.
5. Signing contracts, agreements, memorandums of understanding, and partnerships concluded by the department after being approved by the Board.
6. Delegating some of his powers to the department's senior employees following the legislation in force in the emirate.
7. Representing the department before the judiciary and government agencies and in its relations with others, and the chief may authorise any person or other entity to represent the authority before the courts.
8. Submitting periodic reports on the department's work to the council.
9. Any other tasks assigned to him by the Ruler or the Council
The Law also included a set of legal articles regulating the Civil Aviation Department regarding the organisational structure, areas of easement rights, financial resources for the department, judicial enforcement, and others.
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