ARRANGEMENT OF SECTIONS

   SECTIONS

PART I
Preliminary

                1.         Short title

                2.         Interpretation

                3.         Application of Act

PART II
Objectives, Functions and Powers of Authority

                4.         Continuation of Civil Aviation Authority

                5.         Seal of Authority

                6.         Jurisdiction of Authority

                7.         Objective of Authority

                8.         Functions and powers of Authority

                9.         Borrowing powers of Authority

               10.         Additional powers of Authority

               11.         Principles of operation

               12.         Consultation with users and departments

               13.         International agreements and obligations

               14.         Directions and delegation by Minister

PART III
The Board

               15.         Continuation of Board

               16.         Qualifications for appointment as Member

               17.         Disqualification from appointment as Member

               18.         Vacation of office and filling of vacancies

               19.         Functions and powers of Board

               20.         Meetings of Board

               21.         Quorum of Board

               22.         Co-option of other personnel

               23.         Disclosure of interest by members

               24.         Confidentiality

               25.         Committees of Board

               26.         Remuneration of Members and members of committees

PART IV
Staff of Authority

               27.         Chief Executive Officer

               28.         Duties of Chief Executive Officer

               29.         Secretary

               30.         Appointment of staff of Authority

               31.         Training of staff by Authority

               32.         Exemption from personal liability

PART V
Financial Provisions

               33.         Funds of Authority

               34.         Provision of information

               35.         Financial year

               36.         Accounts

               37.         Audit

               38.         Annual report

               39.         Business plan

PART VI
Civil Aviation

               40.         Air navigation services

               41.         Aeronautical information services

               42.         Technical services

               43.         Meteorological services

PART VII
Registration of Aircraft, Certificate of Airworthiness

               44.         Registration of aircraft

               45.         Registration system

               46.         Certificate of airworthiness

PART VIII
Air Operator Certificates

               47.         Air operator certificate

PART IX
Licensing of Pilots, Crew and Other Personnel

               48.         Licensing of pilots, crew, etc.

PART X
Air Transport Service Licences, Authorisations, Permits and Approvals

               49.         Air transport service licences

               50.         Aerial work permits

PART XI
Air Routes and Airways

               51.         Air routes and airways

PART XII
Aircraft Maintenance and Aviation Training Organisations

               52.         Certification of aircraft maintenance organisations

               53.         Certification of aviation training organisations

PART XIII
Aerodromes

               54.         Establishment of aerodromes

               55.         Private aerodromes

               56.         Public use of aerodromes

               57.         Customs, immigration and health services

PART XIV
Safety

               58.         Safety standards

               59.         Power to prevent flight

               60.         Right of access

               61.         Safety assessment of foreign air operators

               62.         Transfer of state of registry functions and duties

               63.         Land use restrictions

               64.         General control of buildings

               65.         Control of buildings near aerodromes

               66.         Closure of roads

               67.         Fire fighting and rescue services

PART XV
Aircraft Accidents and Incidents Investigations

               68.         Aircraft accidents and incidents

               69.         Establishment of Directorate of Accident Investigation

               70.         Functions of Director of Accident Investigation

               71.         Accident Investigators

               72.         Powers of Investigation

               73.         Report of investigation

               74.         Publication of Report

               75.         Privilege

               76.         Failure to cooperate during investigation

               77.         Public Inquiry

PART XVI
Charges

               78.         Charges

PART XVII
Appeals

               79.         Appeals Tribunal

               80.         Notice of Appeal

               81.         Consideration of notice of appeal

PART XVIII
Miscellaneous Provisions

               82.         Liability

               83.         Dangerous flying

               84.         Trespass by aircraft

               85.         Action for nuisance

               86.         Aircraft and spares not liable to seizure

               87.         Entity in which Authority has interest not to contravene Act

               88.         Offences

               89.         Regulations

               90.         Exemption

               91.         Powers of Minister in times of war

               92.         Acts done on Botswana aircraft outside Botswana

PART XIX
Transitional Provisions

               93.         Repeal of Cap. 71:04

Act 33, 2004,
S.I. 51, 2007,
Act 20, 2008,
S.I. 18, 2009,
S.I. 19, 2009,
Act 11, 2011,
S.I. 76, 2011.

An Act to provide for a Civil Aviation Authority, its functions and further for the control and regulation of civil aviation and to provide for matters related thereto.

[Date of Commencement: 7th October, 2011]

1.       Short title

            This Act may be cited as the Civil Aviation Act.

2.       Interpretation

            In this Act, unless the context otherwise requires-

            "accident" means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time the person has disembarked, in which-

     (a)     a person is fatally or seriously injured as a result of-

           (i)       being in or upon the aircraft,

          (ii)       direct contact with any part of the aircraft, including parts which have become detached from the aircraft, or

          (iii)       direct exposure to jet blast,

                      except where the injuries are from natural causes, self-inflicted or inflicted by some other person, or when the injuries are due to stowaways hiding outside the areas normally available to the passengers or crew; or

     (b)     the aircraft sustains damage or structural failure which adversely affects the structural strength, performance or flight characteristics of the aircraft which would normally require major repair or replacement of the affected component, except for-

           (i)       engine failure, or

          (ii)       damage which is limited to the engines, cowlings, accessories, propellers, wing tips, antennas, tyres, brakes, fairings, small dents or puncture holes in the aircraft skin, or

     (c)     the aircraft is missing or completely inaccessible;

            "Accident Investigator" means an Accident Investigator appointed under section 71;

            "aerial work" means an aircraft operation in which an aircraft is used to carry out specialised services including agriculture, construction, photography, surveying, observation and patrol, search and rescue and aerial advertisement;

            "aerodrome" means a defined area on land or water (including any buildings, installations and equipment) designed, equipped, set apart or commonly used, or affording facilities, for the arrival, departure and surface movement of aircraft;

            "AIC" means Aeronautical Information Circulars;

            "AIP" means Aeronautical Information Publications;

            "aircraft" means any machine that can derive support in the atmosphere from the reactions of the air other than reactions of the air against the earth's surface;

            "air navigation service" includes-

     (a)     communication services, ground to ground, or ground to air, provided for safety of aircraft;

     (b)     navigation services including radio, radar, satellite and visual aids to navigation;

     (c)     air traffic services provided for the safety and regularity of flight; and

     (d)     meteorological services provided for the safety and regularity of flight;

            "air route" means navigational airspace between two points and the terrain beneath such airspace identified, to the extent necessary, for the application flight;

            "air route and airway facilities" means facilities provided to permit safe navigation of aircraft within the airspace of air routes and airways by-

     (a)     visual and non-visual aids along the routes and airways;

     (b)     visual and non-visual aids to approach and landing, at airports;

     (c)     communication services;

     (d)     meteorological services;

     (e)     air traffic control services and facilities; and

     (f)      flight service services and facilities;

            "air service" means any service provided for hire and reward involving the use of an aircraft and includes an air transport service, aerial work and flight instruction;

            "airway" means a designated air route of specified width and altitudes;

            "air transport service" means any service performed by means of an aircraft for hire or reward;

            "Appeals Tribunal" means the Appeals Tribunal established under section 79;

            "assets" means any movable, immovable, corporeal or incorporeal property;

            "Authority" means the Civil Aviation Authority of Botswana continued under section 4;

            "aviation security" means human and material resources intended to safeguard civil aviation against acts of unlawful interference;

            "BARs" means the Botswana Aviation Requirements;

            "Board" means the Board of the Authority continued under section 15 of the Act;

            "Botswana aircraft" means an aircraft registered in Botswana in accordance with this Act;

            "CAPs" means Civil Aviation Publications;

            "cargo" means movable property, mail and animals;

            "Chairperson" means the Chairperson of the Board;

            "charges" means fares, rates, fees, concession monies, rentals or subscriptions, received or receivable, charged or chargeable for any licence or certificate issued, service performed or facilities provided by the Authority;

            "Chicago Convention" means the Convention on International Civil Aviation signed at Chicago on 7th December 1944, and includes any protocols amending the Convention, to which Botswana is a party, and any annexes to that Convention relating to international standards and recommended practices (SARPS) adopted in accordance with the Convention;

            "Chief Executive Officer" means the Chief Executive Officer of the Authority, appointed under section 27;

            "committee" means a committee established under section 25;

            "crew" means persons performing the duties of flight crew or cabin crew on an aircraft;

            "Director" means the Director of Accident Investigation appointed under section 69;

            "Directorate" means the Directorate of Accident Investigation established under section 69;

            "flight" means-

     (a)     in the case of a heavier than air aircraft, the operation of the aircraft from the moment at which the aircraft first moves under its own power for the purpose of taking-off until the moment at which it comes to rest after being airborne; and

     (b)     in the case of a lighter than air aircraft, the operation of the aircraft from the moment when it becomes detached from the surface of the earth or a fixed object on the surface of the earth until the moment when it becomes again attached to the surface of the earth;

            "foreign air operator" means an operator who holds an air operator certificate from a State other than Botswana;

            "foreign aircraft" means an aircraft other than a Botswana aircraft;

            "ICAO" means International Civil Aviation Organization;

            "incident" means an occurrence, other than an accident, associated with the operation of an aircraft which affects or could affect the safety of operation;

            "kite" means a tethered aircraft;

            "land" includes any estate or interest in land or an easement;

            "Member" means a member of the Board;

            "Minister" means the Minister for the time being responsible for civil aviation;

            "NOTAM" means Notices to Airmen;

            "operate" in relation to an aerodrome, includes manage, maintain, secure and improve the aerodrome;

            "operated by the Authority" means operated by the Authority in accordance with the provisions of this Act;

            "operator" in relation to an aircraft, means any person, organisation or enterprise engaged or offering to engage in an aircraft operation;

            "owner" in relation to an aircraft or aerodrome, includes the person in whose name the aircraft or aerodrome is registered or licensed, any person who is or has been in Botswana for a foreign owner, or any person by whom the aircraft or aerodrome is hired at the time;

            "private aerodrome" means an aerodrome other than an aerodrome belonging to the Authority, the Botswana Police or the Botswana Defence Force;

            "public transport" means carriage of passengers or cargo for hire or reward given or promised to be given;

            "publication" means information given in any of the following publications issued on or after the coming into effect of this Act, that is, NOTAM, AIC, AIP, BARs, Notices to Licensed Aircraft Maintenance Engineers and to Owners of Civil Aircraft, CAPs or such other official publications so issued for the purpose of giving effect to any of the provisions of this Act;

            "regulated agent" means an agent, freight forwarder or other entity who conducts business with an operator in respect of cargo, courier and express parcels or mail;

            "repealed Act" means the Civil Aviation Authority Act repealed under section 93;

            "Secretary" means the Secretary of the Authority, appointed under section 29;

            "senior employee" means any employee of the Authority who holds a position which is designated as such; and

            "serious incident" means an incident involving circumstances indicating that an accident nearly occurred.

3.       Application of Act

            (1) Subject to subsection (2), this Act shall not apply to state aircraft.

            (2) Notwithstanding subsection (1), state aircraft shall, in the interest of safety be subject to the provisions of this Act and any regulations made under this Act.

            (3) State aircraft includes-

     (a)     aircraft used or commanded by the Botswana Defence Force, the Botswana Police Service, Department of Wildlife and National Parks, Directorate on Intelligence and Security or customs service;

     (b)     aircraft used in the military, security, customs or police service of a foreign state.