BR 22/2006

AIR NAVIGATION (OVERSEAS TERRITORIES) ORDER 2001

2001 : 2128

AIR NAVIGATION (FEES FOR CERTIFICATES AND SERVICES) REGULATIONS 2006

ARRANGEMENT OF REGULATIONS

1 Short title 3 Fees

2 Interpretation 4 General provisions

His Excellency, the Governor, in exercise of the powers conferred by Article 129 of the Air Navigation (Overseas Territories) Order 2001 as applied to Bermuda, makes the following Regulations:

Short title

1 These Regulations may be cited as the Air Navigation (Fees for Certificates and Services) Regulations 2006.

Interpretation

2 References to the weight of an aircraft are, for the purposes of these Regulations, references to the "maximum total weight authorised" as defined in Article 130(1) of the Air Navigation (Overseas Territories) Order 2001.

Fees

3 The fees set out in column 2 of the Schedule shall be chargeable and payable in relation to the items specified in column 1 of the Schedule.

General provisions

4 (1) In connection with anything done pursuant to any of the items set out in the Schedule, the Minister of Tourism and Transport may —

(a) require the payment of the whole or a portion of the fee or fees payable upon application or in advance of any licence, approval or other document being issued;

(b) withhold such fees as he may think fit to cover the costs of any services performed to the point of termination of any application through withdrawal, refusal or other form of termination, and return to the applicant the remainder of any deposit which may have been made;

(c) charge any additional actual costs arising from services performed or investigations conducted in connection with any application, where the actual costs of such activities exceed the fees set out in the Schedule;

(d) recharge the amount of any disbursements made, in connection with any application or investigation, to bodies outside the Department of Civil Aviation, including but not limited to communications charges and to add an administrative fee of ten per centum to all such charges.

(2) In this regulation, the expression "investigation" includes an inspection, examination, calculation, test or any other form of work expended in the consideration of any application.

SCHEDULE (Regulation 3)

PART I

LICENCES FOR FLIGHT CREW

Column 1 Column 2

(a) For a private pilot's licence:

Initial Issue $120.00

Renewal $75.00

(b) For a commercial pilot's licence:

Initial Issue $240.00

Renewal $120.00

(c) For an airline transport pilot's licence:

Initial Issue $240.00

Renewal $120.00

(d) For a flight engineer's licence:

Initial Issue $180.00

Renewal $90.00

(e) For a flight radiotelephony operator's general licence:

Initial Issue $60.00

Renewal $60.00

(f) For a flight radiotelephony operator's restricted licence:

Initial Issue $60.00

Renewal $60.00

(g) For a flight radiotelegraphy operator's licence:

Initial Issue $60.00

Renewal $60.00

(h) For a flight radiotelegraphy operator's temporary licence:

Initial Issue $60.00

Renewal $60.00

(i) For a certificate of validity of foreign licence:

Initial Issue $150.00

Renewal $75.00

Variation during period of validity $75.00

(j) For the issue of a General Certificate of Validation $500.00

(k) For ratings on licence:

Inclusion or variation on any one occasion $90.00

(l) For the appointment of authorised examiner for aircraft type

rating or instrument rating:

Initial Appointment or

Re-appointment $350.00

(m) For the approval or validation of foreign approval of flight simulator:

per aircraft type $230.00

(n) For the approval or validation of foreign approval of flying

training school, aircraft type rating training and testing centre: $230.00

The fees set out in this Part shall be applied together with such additional costs of any examination, flight tests or other investigations as may be necessary.

PART II

AIRWORTHINESS

(a) Initial Issue of a Certificate of Airworthiness and each renewal with maximum validity of 12 months:

(i) For aircraft not exceeding 5,700 kgs $2,200.00

(ii) For aircraft exceeding 5,700 kgs but not exceeding

30,000 kgs $2,200.00 plus $160.00

per 500 kgs or part

thereof exceeding

5,700 kgs up to a

maximum of

$10,000.00

(iii) For aircraft exceeding 30,000 kgs but not exceeding

100,000 kgs $10,000.00 plus

$140.00 per 500 kgs

or part thereof

exceeding 30,000 kgs

up to a maximum of

$30,000.00

(iv) For aircraft exceeding 100,000 kgs but not

exceeding 200,000 kgs $30,000.00 plus

$135.00 per 500 kgs

or part thereof

exceeding 100,000

kgs up to a

maximum of

$57,000.00

(v) For aircraft exceeding 200,000 kgs but not

exceeding 300,000 kgs $57,000.00 plus

$130.00 per 500 kgs

or part thereof

exceeding 200,000

kgs up to a

maximum of

$83,000.00

(vi) For aircraft exceeding 300,000 kgs $83,000.00 plus

$125.00 per 500 kgs

or part thereof

exceeding 300,000 kgs

(b) For the issue of a "Permit to Fly" for an aircraft

without a certificate of airworthiness: $500.00

(c) For the approval of a modification: $400.00 per

application

(d) For the approval of repairs to aircraft, engines or

equipment: $400.00 per

application

(e) For the initial approval and the renewal of the

approval of maintenance organisations: $2,500.00 plus

$1,000.00 for each

additional site

(f) For the variation of an existing approval: $1,000.00

(g) For the issue of a "One Time" approval for a

maintenance organisation $500.00

(h) For a Certificate of Airworthiness for Export:

(i) for aircraft not exceeding 3,000 kgs $2,000.00

(ii) for aircraft exceeding 3,000 kgs $2,000.00 plus $100.00

per 500 kgs or part

thereof exceeding

3,000 kgs

(i) For an aircraft maintenance engineer's licence (AMEL):

Initial Issue $210.00

Renewal or variation or inclusion of rating $105.00

(j) For a certificate of validation of AMEL:

Initial Issue $150.00

Renewal or variation $75.00

The fees set out in this Part shall be applied together with such additional costs of any examination, flight tests or other investigations as may be necessary.

PART III

FLIGHT OPERATIONS

(a) Application for the grant of an Air Operator's Certificate:

Upon making an application for the grant of an Air Operator's Certificate (AOC), the applicant shall pay for the investigations required by the Department of Civil Aviation (DCA) a charge of such amount as may be decided by the DCA. The level of charges shall be determined based upon the estimated man-days attributable to investigation, as specified in Column 2 of Table 1 and Part IV(c).

TABLE 1

MAXIMUM TOTAL WEIGHT AUTHORISED MAN-DAYS

Not exceeding 2 tonnes 4 man-days

Exceeding 2 tonnes but not exceeding 15 tonnes 45 man-days

Exceeding 15 tonnes 60 man-days

(b) For an Air Operator's Certificate:

(i) For aircraft not exceeding 2 tonnes $4,500.00

(ii) For aircraft exceeding 2 tonnes but not

exceeding 15 tonnes $7,000.00

(iii) For aircraft exceeding 15 tonnes $10,000.00

When an Air Operator's Certificate is granted, the applicant shall pay a charge of the amount specified in Column 2 in addition to a charge of such amount as may be decided by the Department of Civil Aviation for the regulatory oversight and monitoring of the AOC operation for one year or part of the year. The level of charges shall be determined based upon the estimated man-days attributed to regulatory oversight as specified in Column 2 of Table 2 and Part IV(c).

NOTE: If an application is submitted for more than one aircraft type, the charge shall be based upon the heaviest aircraft type as indicated in paragraph (b). For each additional aircraft type the charges shall be as indicated in paragraph (c).

TABLE 2

MAXIMUM TOTAL WEIGHT AUTHORISED MAN-DAYS

Not exceeding 2 tonnes Maximum 4 man-days

Exceeding 2 tonnes but not exceeding 15 tonnes Maximum 45 man-days

Exceeding 15 tonnes Maximum 60 man-days

(c) For the inclusion of additional aircraft types in the Air Operator's Certificate:

(i) For aircraft not exceeding 2 tonnes $2,600.00

(ii) For aircraft exceeding 2 tonnes but not exceeding

15 tonnes $4,000.00

(iii) For aircraft exceeding 15 tonnes $4,500.00

The fees specified in this paragraph shall be applied with such additional costs of examination flight tests or other investigation as may be necessary.

(d) For an annual charge for an Air Operator's Certificate (for each aircraft type named on the certificate):

(i) For aircraft not exceeding 2 tonnes $2,200.00

(ii) For aircraft exceeding 2 tonnes but not exceeding

15 tonnes $3,300.00

(iii) For aircraft exceeding 15 tonnes $4,400.00

Upon application for renewal of an Air Operator's Certificate the applicant shall pay a charge of the amount specified in Column 2 in addition to an annual charge of such amount as may be decided by the Department of Civil Aviation for the continuation of regulatory oversight and monitoring of the AOC Operation. The level of charges shall be determined based upon the estimated man-days attributed to regulatory oversight as specified in Column 2 of Table 2 and Part IV(c).

(e) For a variation of an Air Operator's Certificate: $400.00 plus any

additional

investigation fees

(f) Variable charges:

On the last day of each period of three months during the whole or part of which an Air Operator's Certificate remains in force, the holder of the Certificate shall pay a charge according to the number of hours (rounded to the nearest whole hour, with half hours being rounded up) flown by each aircraft operated by him pursuant to the Certificate as follows:

In the case of passenger aircraft:

(i) Where the number of passenger seats in the

aircraft exceeds 19 but does not exceed 100 6 cents per hour

per seat

(ii) Where the number of passenger seats in the

aircraft exceeds 100 but does not exceed 200 9 cents per hour

per seat

(iii) Where the number of passenger seats in the

aircraft exceeds 200 but does not exceed 300 11 cents per hour

per seat

(iv) Where the number of passenger seats in the

aircraft exceeds 300 13 cents per hour

per seat

In the case of cargo aircraft:

Where the cargo capacity of the aircraft exceeds

20 tonnes 22 cents per tonne

per hour

Nothing in this paragraph shall apply to an aircraft fitted with less than 20 seats or an aircraft which does not exceed an MTWA of 10 tonnes or on a non-revenue flight.

For the purposes of this paragraph a flight hour shall be calculated from the time an aircraft becomes airborne to the time the aircraft touches down and shall coincide with the aircraft's Technical Log Time.

(g) Special operations:

For the grant of an approval for flight in specified

weather conditions or in airspace in which

specific navigation or height keeping performance

is required $1,500.00

(h) Route Licensing:

(i) Application for a route licence $550.00

(ii) Vetting of business financial plans Actual costs

incurred

The fees specified in paragraphs (g) and (h) shall be applied together with such additional costs of any examination, flight tests or other investigations as may be necessary.

PART IV

MATTERS NOT ELSEWHERE SPECIFIED

(a) For the review of documents; the conducting of

inspections or investigations; the witnessing of

tests, experiments or flying trials carried out in

connection with any part of the Order, but not

elsewhere specified. Actual costs

incurred plus

investigation costs -

$150.00 minimum

(b) For the grant of any permission, approval, variation

or exemption in respect of any part of the Order not

covered above or for the issue of copies of documents

or for the issue of any document at the request of the

applicant/operator $400.00 plus

investigation costs

(c) Additional charges when services are performed

outside the Territory: Actual costs

incurred

(d) Investigations conducted in connection with any

part of the Order: $1,200.00 per

man-day or

$150.00 per

man-hour

Plus actual costs incurred, including but not limited

to, transportation, accommodation and subsistence: Travel days shall be

charged at $600.00

per man-day

Made this 21st day of March, 2006

His Excellency Sir John Vereker, KCB

Governor and Commander in Chief

BR 23/2006

CUSTOMS DUTY (SPECIAL REMISSION) ACT 1951

1951 : 27

CUSTOMS DUTY (THE BERMUDA PERFUMERY) REMISSION ORDER 2006

The Minister of Finance, in exercise of the powers conferred by section 2 of the Customs Duty (Special Remission) Act 1951, makes the following Order:

Citation

1 This Order may be cited as the Customs Duty (The Bermuda Perfumery) Remission Order 2006.

Interpretation

2 In this Order —

“exempted goods” means plastic bottles, plastic caps, folding cartons, corrugated boxes, boxes for packaging, liners, cotton ribbons, stickers, essential oils, denatured ethyl alcohol, shopping bags, wrapping paper, pumps, drum pumps, perfume pumps, perfume stoppers, cork stoppers and crimping machines imported solely for the manufacture and packaging of perfumes and toilet waters bearing the trade mark “LiLi”.

Exemption from import duty

3 The Bermuda Perfumery is exempted from the payment of import duty on the exempted goods prescribed under paragraph 2.

Exemption from import duty at expiration of this Order

4 At the expiration of this Order, exempted goods which have been imported free of import duty into Bermuda by virtue of paragraph 3 shall not be subject to import duty by reason only that this Order has ceased to have effect.

Commencement and expiration

5 This Order shall come into force on 1 April 2006 and shall expire on 31 March 2011.

Made this 28th day of March, 2006

Minister of Finance

BR 24/2006

GOVERNMENT AUTHORITIES (FEES) ACT 1971

1971 : 43

GOVERNMENT AUTHORITIES (FEES) AMENDMENT ORDER 2006

The Minister of Finance, in exercise of the powers conferred by section 4 of the Government Authorities (Fees) Act 1971, makes the following Order:

Citation

1 This Order may be cited as the Government Authorities (Fees) Amendment Order 2006.

Amendment of First Schedule

2 The First Schedule to the Government Authorities (Fees) Act 1971 is amended in Part A —

(a) by deleting “$50” and substituting “$100.00”; and

(b) by deleting “$25” and substituting “$50.00”.

Made this 21st day of March, 2006

Minister of Finance

BR 25/2006

CUSTOMS DUTY (SPECIAL REMISSION) ACT 1951

1951 : 27

CUSTOMS DUTY (COMMERCIAL FISHERMEN) (DIESEL FUEL) REMISSION ORDER 2006

The Minister of Finance, in exercise of the powers conferred by section 2 of the Customs Duty (Special Remission) Act 1951, makes the following Order:

Citation

1 This Order may be cited as the Customs Duty (Commercial Fishermen) (Diesel Fuel) Remission Order 2006.

Exemption from import duty

2 A person who is licensed under Regulation 4 of the Fisheries Regulations 1972 and certified as a full-time commercial fisherman by the Director of the Department of Environmental Protection shall be exempted from the payment of import duty on diesel fuel for use solely on a fishing vessel registered under regulation 5 of the Fisheries Regulations 1972 and belonging to him.

Exemption from import duty at expiration of this Order

3 At the expiration of this Order, exempted goods which have been imported free of import duty into Bermuda by virtue of paragraph 2 shall not be subject to import duty by reason only that this Order has ceased to have effect.

Commencement and expiration

4 This Order shall come into force on 1 April 2006 and shall expire on 31 March 2009.

Made this 21st day of March, 2006

Minister of Finance

BR 26/2006

HEALTH INSURANCE ACT 1970

1970 : 523

HEALTH INSURANCE (STANDARD HOSPITAL BENEFIT) AMENDMENT REGULATIONS 2006

The Minister responsible for Health, in exercise of the powers conferred on her by section 40(1)(a) of the Health Insurance Act 1970, makes the following Regulations:

Short title

1 These Regulations may be cited as the Health Insurance (Standard Hospital Benefit) Amendment Regulations 2006.

Amends regulations 3 of SR&O 13/1971

2 Regulation 3 of the (Standard Hospital Benefit) Regulations 1971 is amended —

(a) by deleting the full stop from paragraph (xxii) and substituting a semicolon; and

(b) by inserting next after paragraph (xxii) the following paragraphs —

"(xxiii) intravenous therapy in an outpatient infusion clinic;

(xxiv) continuous glucose monitoring.”

Commencement

4 These Regulations shall come into operation on 1 April 2006.

Made this 24th day of March, 2006

Minister of Health and Family Services

BR 27/2006

HEALTH INSURANCE ACT 1970

1970 : 523

HEALTH INSURANCE (STANDARD PREMIUM) REGULATIONS 2006

ARRANGEMENT OF REGULATIONS

1 Short title 4 Revocation of BR 9/2005

2 Standard premium 5 Commencement

3 Persons over the age of 65

The Minister responsible for Health, in exercise of the powers conferred on her by section 40(1)(b) of the Health Insurance Act 1970, makes the following Regulations:

Short title

1 These Regulations may be cited as the Health Insurance (Standard Premium) Regulations 2006.

Standard premium

2 Subject to regulation 3, the standard premium payable in respect of the standard hospital benefit shall be $160.70 a month (or $37.08 a week where paid weekly) of which $19.77 a month (or $4.56 a week) shall be paid into the Mutual Re-Insurance Fund.

Persons over the age of 65

3 The standard premium payable in respect of the standard hospital benefit for persons over the age of sixty-five years who do not qualify for subsidised hospital treatment under section 2(1)(b) of the Act shall be $583.45 a month (or $134.64 a week) of which $19.77 a month (or $4.56 a week) shall be paid into the Mutual Re-Insurance Fund.

Revocation of BR 9/2005

4 The Hospital Insurance (Standard Premium) Regulations 2005 are revoked.

Commencement

5 These Regulations come into operation on 1 April 2006.

Made this 24th day of March, 2006

Minister of Health and Family Services

BR 28/2006

HEALTH INSURANCE ACT 1970

1970 : 523

HEALTH INSURANCE (DEDUCTIONS) AMENDMENT REGULATIONS 2006

The Minister responsible for Health, in exercise of the powers conferred on her by section 40 of the Health Insurance Act 1970, makes the following Regulations:

Short title

1 These Regulations, which amend the Health Insurance (Deductions) Regulations 1971 (the "principal" Regulations), may be cited as the Health Insurance (Deductions) Amendment Regulations 2006.

Amends regulation 2 of principal Regulations

2 Regulation 2(1) of the principal Regulations is amended —

(a) in sub-paragraph (a), by deleting “$15.72” and substituting "$18.54"; and

(b) in sub-paragraph (b), by deleting “$68.12” and substituting "$80.35".

Amends regulation 3 of principal Regulations

3 Regulation 3(1) of the principal Regulations is amended by deleting “$15.72” and substituting "$18.54".

Commencement

4 These Regulations come into operation on 1 April 2006.

Made this 24th day of March, 2006

Minister of Health and Family Services