Article 4 Regulations by the GovernorI1

The Governor may make regulations for prescribing anything that, under the provisions of this Order, is to be prescribed.

A power to make regulations under this Order includes the power to make different provisions with respect to different classes of aircraft, aerodromes, persons or property and with respect to different circumstances and with respect to different parts of the Territory and to make such incidental and supplementary provisions and give instructions as are necessary or expedient for carrying out the purposes of the Order.

Such regulations may prescribe the fees to be charged in connection with the issue, validation, renewal, extension or variation of any certificate, licence or other document (including the issue of a copy), or the undergoing of any examination, test, inspection or investigation or the grant of any permission or approval, required by, or for the purpose of, this Order or any regulations made under it and the method by, the time at which and the person to whom such fees must be paid.

Upon an application being made in connection with which any fee is chargeable the applicant may be required, before the application is considered, to pay the whole to or to deposit a portion of the fee or fees chargeable with the Governor or to or with such other person as the regulations may require.

Subject to paragraph (6), if, after payment or a deposit has been made under paragraph (4), the application is withdrawn by the applicant or otherwise ceases to have effect or is refused by the Governor, the Governor may refund the amount of such payment or deposit.

Where the amount paid or deposited under paragraph (4) is wholly or to any extent attributable to a fee chargeable in respect of an investigation which would have been carried out in connection with the application if it had not been so withdrawn or ceased to have effect or been refused but which has not been carried out by reason only of such withdrawal, cessation or refusal, the Governor may refund the amount so attributable or, subject to paragraph (7), in a case where an investigation has been partially completed, so much of that amount as in the opinion of the Governor is reasonable having regard to the stage to which the investigation has progressed at the time of such withdrawal, cessation or refusal.

If in any case the amount deposited by the applicant is not sufficient to cover the fee ultimately assessed to be chargeable in respect of any investigation, in so far as the same has been carried out at the time when the application is withdrawn or otherwise ceases to have effect or is refused by the Governor, the amount representing the balance of such fee shall be payable by the applicant.

In this article the expression “investigation” includes an inspection, examination, calculation or test.