Vanuatu Meteorological Service Act 1989
Commencement: 24 April 1989
REPUBLIC OF VANUATU
THE METEOROLOGY ACT
No. 4 OF 1989
Arrangement of Sections
2. Vanuatu Meteorological Service.
3. Director of the Service.
4. Officers of the Service.
5. Continuance of officers.
6. Functions of the Service.
7. Powers of the Director.
10. Repeal of Joint Regulation 12 of 1956.
REPUBLIC OF VANUATU
THE METEOROLOGY ACT
No. 4 OF 1989
An Act to provide for the establishment of the Vanuatu Meteorological Service and for matters connected therewith.
BE IT ENACTED by the President and Parliament as follows:-
1. In this Act unless the context otherwise requires -
'the Service' means the Vanuatu Meteorological Service established under this Act;
'the Director' means the Director of the Vanuatu Meteorological Service;
'the Joint Meteorological Department' means the Joint Meteorological Department established under the Joint Regulation No. 12 of 1956.
VANUATU METEOROLOGICAL SERVICE
2. (1) For the purposes of this Act, there shall be a Meteorological Service.
(2) Notwithstanding the provisions of section 10 of this Act, the Joint Meteorological Department shall be deemed to be the Service established under this Act.
DIRECTOR OF THE SERVICE
3. (1) For the purposes of this Act, there shall be a Director who shall be appointed by the Public Service Commission.
(2) The Director shall be in charge of the Service and shall, subject to the directions of the Minister, have the general administration of this Act.
OFFICERS OF THE SERVICE
4. The Public Service Commission may appoint such other officers as it deems fit to be officers of the Service.
CONTINUANCE OF OFFICERS
5. All officers serving in the Joint Meteorological Department at the commencement of this Act shall be deemed to have been appointed as officers of the Service in accordance with this Act.
FUNCTIONS OF THE SERVICE
6. (1) The functions of the Service shall be as follows:-
(a) the taking and recording of meteorological observations and other observations required for the purposes of meteorology;
(b) the forecasting of weather and of the state of the atmosphere;
(c) the exclusive responsibility for the issue of warnings of gales, storms and other weather conditions likely to endanger life or property, including weather conditions likely to give rise to floods or storm surges;
(d) the supply of meteorological information;
(e) the publication of meteorological reports and bulletin;
(f) the promotion of the use of meteorological information;
(g) the promotion of the advancement of meteorological science, by means of meteorological research and investigation or otherwise;
(h) the furnishing of advice on meteorological matters;
(i) the setting of standards for all observations used for general, aviation, maritime and other forecasts and where such observations are used for legal purposes; and
(j) co-operation with the authority administering the meteorological service of any other country or with any appropriate international organization in relation to any of the matters specified in the preceding paragraphs of this subsection, and in particular, supporting the principle of free and unrestricted exchange of meteorological data between national meteorological services.
(2) The Service shall perform its functions under this Act in the public interest generally and in particular -
(a) for the purposes of navigation and shipping and of civil aviation; and
(b) for the purposes of assisting persons and authorities engaged in primary production, industry, trade and commerce.
POWERS OF THE DIRECTOR
7. The Director has such powers as are necessary to enable the Service to perform its functions under the last preceding section, and, in particular, may -
(a) establish meteorological offices and observing stations;
(b) arrange with any Department, authority or person to take and record meteorological observations and transmit meteorological reports and information;
(c) arrange means of communication for the transmission and reception of meteorological reports and information; and
(d) arrange for the training of persons in meteorology.
8. The Director may, subject to any directions of the Minister and subject to regulations made under section 9, make charges for forecasts, information, advice, publications and other matter supplied in pursuance of this Act.
9. The Minister may make regulations not inconsistent with this Act, prescribing all matters which by this Act are required to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
REPEAL OF JOINT REGULATION 12 OF 1956
10. The Joint Regulation No. 12 of 1956 is hereby repealed.
11. This Act shall come into force on the date of its publication in the Gazette.
Vanuatu Meteorological Services (Meteorological Charges) Regulations [Cap 204]
Commencement: 29 December 1989
VANUATU METEOROLOGICAL SERVICES
(METEOROLOGICAL CHARGES) REGULATIONS
Order 46 of 1989
Order 7 of 1991
PART 1 – PRELIMINARY
In these Regulations unless the context otherwise requires:
“Basic Aviation Support Services” means the preparation and transmission of routine and special weather observations, terminal aerodrome forecasts and warnings for airports within Vanuatu;
“Director” means the Director of Meteorological Services as defined by section 3 of the Meteorology Act [Cap. 204];
“duly authorized officer” means an officer authorized by the Director to collect payment for charges for meteorological services;
“Enhanced Aviation Support Services” means the preparation and/or provision, on request, of specific meteorological forecasts and information, related to international destinations and en-route conditions;
“International Airport” means Bauerfield Airport at Porrt Vila, Pekoa Airport at Luganville or White Grass Airport at Lenakel;
“Meteorological Charges” means those charges being levied in respect of Meteorological Services which include the taking and transmitting of weather observations, the provision of forecasts and warnings and any other information required by the aviation industry.
PART 2 – INTERNATIONAL METEOROLOGICALCHARGES
2. International meteorological charges
(1) Unless otherwise exempted under these Regulations, aircraft engaged in international flights to and from the Republic of Vanuatu shall incur, in respect of each landing at an International Airport, the following charges specified below:
Aircraft receiving Basic Aviation Support Services
Aircraft receiving Enhanced Aviation Support Services
Greater than 40 tonnes
Less than 40 tonnes
(2) Unless otherwise exempted under this Order, helicopters engaged in international flights to and from the Republic of Vanuatu, shall incur, in respect of each landing at an International Airport, 25 per cent of the meteorological charge specified in subregulation (1) of this regulation.
(3) The meteorological charges payable shall be calculated on the basis of the maximum all-up weight of the aircraft as specified in its certificate of airworthiness.
3. Payment of charges
(1) Subject to regulation 6 the charges for meteorological services specified in regulation 2 shall become due immediately on the arrival of an aircraft at an International Airport. These charges shall be paid to the Director or his duly authorized officer.
(2) By prior arrangement with the Director in writing, the charges specified in regulation 2 may, where appropriate be paid monthly to the duly authorized officer.
(3) Where the charges are not paid by the operator within 30 days of the due date, the Government shall recover the amount due as a civil debt.
PART 3 – DOMESTIC METEOROLOGICAL CHARGES
4. Domestic meteorological charges
(1) The meteorological charges payable in respect of aircraft engaged in domestic flights within the Republic of Vanuatu shall be calculated on the basis of the quantity of fuel purchased for use in such aircraft.
(2) Unless otherwise exempted under these Regulation, the charges shall be as specified below:
Types of fuel Charges per litre
Aviation Turbine Fuel (AVTUR) VT 0.4
Aviation Gasoline (AVGAS) VT 0.7
(3) Unless otherwise exempted under these Regulations, the meteorological charges payable in respect of helicopters engaged in domestic flights within the Republic of Vanuatu shall be 25 per cent of the charge specified in subregulation (2) of this regulation.
5. Payment of charges
(1) Subject to regulation 6, the meteorological charges specified in regulation 4 shall be paid monthly to the duly authorised officer. The operator shall calculate the charge and submit that calculation, supported by copies of fuel invoices for the month in question, with payment.
(2) Where the charge is not paid by the operator within 30 days of the due date, the Government shall recover the amount due as a civil debt.
PART 4 – EXEMPTIONS
(1) The following aircraft shall not incur the charges specified in these Regulations:
State aircraft (aircraft of military, customs or police services);
Aircraft being used solely for diplomatic purposes;
Aircraft engaged in test or training flights;
Aircraft engaged in flights of a humanitarian nature, including search and rescue flights; and
Aircraft obliged to land in an emergency.
(2) The charges specified in regulation 4 shall not apply in respect of fuel purchased for use in aircraft which cannot be so used, subject to the Minister being satisfied as to the bona fides of any claim for exemption.
PART 5 – GENERAL PROVISIONS
Part 2 of these Regulations shall apply to aircraft engaged in flights within the Republic of Vanuatu other than those aircraft on the Vanuatu Register of civil aircraft unless the Minister determines that Part 3 shall apply.