Aviation Law :- The Regulatory Framework Governing Heliports In Nigeria
This article deals with the regulatory provisions governing Heliports in Nigeria from applicability to certification to regulatory provisions as outlined by the Nigerian Civil Aviation Authority (NCAA).
Applicability of Regulations
Tekedia Mini-MBA edition 14 (June 3 – Sept 2, 2024) begins registrations; get massive discounts with early registration here.
Tekedia AI in Business Masterclass opens registrations here.
Join Tekedia Capital Syndicate and invest in Africa’s finest startups here.
NCAA Regulations provide that:-
(a) The regulations shall apply to the certification and operation of heliports in Nigeria with the exception of military heliports.
Operation Of Heliports
– No person shall operate a heliport (mobile or fixed) for the takeoff and landing of helicopters in Nigeria unless he is a holder of a Heliport Certificate (HC) granted under these Regulations for the said operation.
Exemptions
The NCAA provides that:-
(a) The Authority may exempt, in writing, a heliport operator from complying with specific provisions of these Regulations.
– Before the Authority decides to exempt the Heliport Operator, the Authority will take into account all safety related aspects.
Establishment of Heliports In Nigeria
NCAA Regulations provide that :-
(a) The Minister may approve the establishment and development of heliport anywhere in Nigeria;
(b) Roads, approaches, apparatus, equipment, buildings and other accommodations in connection to such heliports shall be maintained by the owners in conformity with these regulations and any other requirement as may be prescribed by the Authority from time to time.
Design/Operation Of Heliports
(a) No person or corporate entity shall commence construction or reconstruction of an heliport without approval of the Authority.
(b) Pursuant to relevant provisions of the NCAA regulations, the Heliport operator shall submit to the Authority the following information for assessment:
(1) heliport layout and markings, lights and signs plans;
(2) architectural drawings of the terminal and other operational buildings.
Restrictions/Prohibitions
-Except with the approval by the Authority, no helicopter shall operate at a heliport.
– No heliport operator shall operate in the night except for emergency purposes granted by the Authority.
-Subject to the approval, the Authority will restrict or prohibit flights at any heliport at which aviation facilities for emergency night flights are lacking; or where the terrain, landing surface conditions or other objects in the vicinity of the heliport could cause a hazard to the operation of helicopters.
– The Authority will restrict or prohibit operation at an Heliport either absolutely or subject to any exceptions or conditions that the Authority will specify, if the restriction is necessary for aviation safety and/or in the public interest.
Requirements to hold Heliport Certificate
-The operator of a heliport intended for landing and take-off of helicopters in Nigeria shall be in possession of a heliport certificate. This also applies to heliports owned by Corporate entities engaged in business activities.
– A person shall not operate a Heliport if the Heliport is not certified by the NCAA.
Application for Heliport Certificate
– An application for the issuance of heliport certificate shall be:
(a) made to the Authority in the appropriate form as prescribed by the Authority.
(b) accompanied by:-
(1) the heliport manual; and statement of compliance demonstrating the heliport Operator’s manual is in compliance with the relevant provisions in this volume;
(2) the plans of heliport; including obstacle chart A showing details of obstructions marked /lighted ;
(3) security clearance from the Federal Government;
(4) written approval from the town planning authority where applicable;
(5) Environmental Impact Assessment approval from the (relevant State entity );
(6) proof of payment of the appropriate fee prescribed by the Authority; and
(7) adequate insurance cover;
(8) Particulars of non-compliance with, or deviations from the standards prescribed in this Regulation.
Grant of Heliport Certificate
-The Authority may approve the application and accept the heliport manual of the applicant for a heliport certificate subject to the provisions in this section and grant a Heliport Certificate to an applicant if:
(a) the Heliport facilities and equipment are in accordance with the applicable heliport standards;
(b) The heliport manual prepared for the applicant’s heliport accurately describes the facilities, services and equipment at the Heliport;
(c) the heliport operating procedures make satisfactory provision for the safety of helicopters;
(d) the applicant would, if granted a certificate, have the necessary competence, experience and resources to operate and maintain the heliport;
(e) an acceptable safety management system is in place at the heliport.
Refusal to Grant Heliport Certificate
If the NCAA refuses to grant a heliport certificate to an applicant, the authority will give the applicant notice of the refusal, and the reasons for it, not later than 14 days from the date of refusal.