Civil Aviation Act

Link to law: http://www.gov.za/documents/civil-aviation-act
Published: 2009-05-27

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Civil Aviation Act 13 of 2009


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 461 Cape Town 27 May 2009 No. 32266
THE PRESIDENCY No. 616 27 May 2009
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 13 of 2009: Civil Aviation Act, 2009.

No ^:.'fid
Act No. 13, 2009
CIOVI'.KNMI'INT GAZI-TTK, 27 MAY 201W
CIVIL AVIATION ACT. 20(W
(English text signed by the President.) (Assented to 25 May 2009.)
ACT To repeal , consol idate and a m e n d the aviat ion laws giving effect to certain International Aviation Convent ions; to provide for the control and regulation of aviation within the Republ ic ; to provide for the establ i shment of a South African Civil Aviat ion Authori ty with safety and security oversight funct ions , to provide for the es tabl i shment of an independent Aviation Safety Invest igat ion Board in compl iance with A n n e x 13 of the Chicago Convent ion , to give effect to certain provis ions of the Convent ion on Offences and Certain other Acts C o m m i t t e d on Board Aircraft; to give effect to the Convent ion for the Suppress ion of Unlawful Se izure of Aircraft and the Convent ion for the Suppress ion of Unlawful Acts against the Safety of Civil Aviat ion; to provide for the National Aviat ion Security P r o g r a m ; to provide for additional measures directed at more effective control of the safety and security of aircraft, airports and the like; and to provide for matters connected thereto.
BE IT E N A C T E D by the Parliament of the Republic of South Africa, as fo l lows:— A R R A N G E M E N T O F S E C T I O N S
Sections
C H A P T E R 1
1. Definitions
C H A P T E R 2
A P P L I C A T I O N O F A C T , P O W E R T O C A R R Y O U T A N D APPLY C O N V E N T I O N , T R A N S I T A G R E E M E N T A N D P R O T O C O L , F U N C T I O N S O F
M I N I S T E R IN C O N N E C T I O N W I T H A C T A N D C O N V E N T I O N A N D T R A N S I T A G R E E M E N T
2. Applicat ion of Act 3. Power to carry out and apply Convent ion , Transit Agreement and Protocol 4. Eunclions of Minister in connection with Act. Convent ion and Transit
Agreement 5. Enactment of Convent ion . Transit Agreement and Protocol

4 No. 32266 GOVERNMENT GAZETTE, 27 MAY 2009
Act No. 13, 2009 CIVIL AVIATION ACT, 2009
C H A P T E R 3
P A R T 1
A C Q U I S I T I O N O F L A N D A N D R I G H T S I N C O N N E C T I O N W I T H A I R P O R T S A N D C O N S U L T A T I O N W I T H I N T E R E S T E D P A R T I E S
6. Acquis i t ion of land and rights in connect ion with airports 5
P A R T 2
P E R M I S S I O N T O U S E L A N D H E L D U N D E R A N Y R E C O N N A I S S A N C E
P E R M I S S I O N , E X P L O R A T I O N , P R O S P E C T I N G O R M I N I N G A U T H O R I S A T I O N O R P E R M I S S I O N F O R A I R P O R T S , C O N S U L T A T I O N
W I T H I N T E R E S T E D P A R T I E S , T R E S P A S S , N U I S A N C E A N D 10 R E S P O N S I B I L I T Y F O R D A M A G E
7. Permiss ion to use land held under any reconnaissance permiss ion, explorat ion, prospect ing or min ing authorisat ion or permiss ion for airports
8. Trespass , nuisance, responsibil i ty for d a m a g e and insurance for d a m a g e or loss
by registered owners and operators of aircraft 15
C H A P T E R 4
P A R T 1
A I R C R A F T A C C I D E N T S A N D A I R C R A F T I N C I D E N T S , E S T A B L I S H M E N T O F AVIATION S A F E T Y I N V E S T I G A T I O N B O A R D IN C O M P L I A N C E W I T H C O N V E N T I O N , J U R I S D I C T I O N O F A V I A T I O N S A F E T Y I N V E S T I G A T I O N 20 B O A R D A N D O B J E C T S O F AVIATION S A F E T Y I N V E S T I G A T I O N B O A R D
9. Applicat ion of Chapter to aircraft accidents and aircraft incidents 10. Establ ishment of Aviation Safety Investigation Board 11. Objects of Aviation Safety Invest igat ion Board 12. Jurisdiction of Aviation Safety Invest igat ion Board 25 13. Coordinat ion of invest igations and remedia l act ions 14. Compat ib le procedures and pract ices
P A R T 2
A P P O I N T M E N T O F M E M B E R S A N D S T A F F O F A V I A T I O N S A F E T Y I N V E S T I G A T I O N B O A R D , P R O C E D U R E A N D R E Q U I R E M E N T S IN 30
A P P O I N T I N G M E M B E R S , F I L L I N G O F V A C A N C I E S , R E M U N E R A T I O N A N D D U T I E S O F M E M B E R S A N D C O N F L I C T O F I N T E R E S T O F M E M B E R S
15. Procedure and requi rements in appoint ing member s of the Aviation Safety Invest igat ion Board, filling of vacancies and term of office
16. Disqualification and removal of member s of the Aviation Safety Investigation 35 Board
17 Performance M a n a g e m e n t Sys tem 18. Remunera t ion , fees and expenses of member s of the Aviation Safety
Invest igat ion Board 19. Duties of Chairperson 4 0 20. Chai rperson may delegate powers and duties 2 1 . Mee t ings and quorum of Aviation Safety Invest igat ion Board 22 . Expendi ture in connect ion with execut ion of functions and objects of Aviation
Safety Investigation Board 2 3 . Public Finance M a n a g e m e n t Act binds Aviation Safety Investigation Board 45 24. Conflict of interest 25 . Dut ies of members of Aviation Safety Invest igat ion Board 26. Appo in tmen t of staff of Aviation Safety Invest igat ion Board 27. Agreements between Aviation Safety Invest igat ion Board and Director

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Act No. 13, 2009 CIVIL AVIATION ACT, 2009
28 . Remunera t ion of staff of Aviation Safety Investigation Board 29 . Independence and impartial i ty of Aviation Safety Investigation Board
P A R T 3
F U N C T I O N S A N D P O W E R S O F AVIATION S A F E T Y I N V E S T I G A T I O N B O A R D , P O W E R S O F D I R E C T O R O F I N V E S T I G A T I O N S A N D 5
I N V E S T I G A T O R S , N O T I F I C A T I O N O F A I R C R A F T A C C I D E N T S A N D A I R C R A F T I N C I D E N T S BY D E P A R T M E N T S A N D A T T E N D A N C E A N D
O B S E R V E R S AT I N V E S T I G A T I O N S
30. Funct ions of Aviation Safety Investigation Board 3 1 . Powers of Aviation Safety Invest igat ion Board 10 32. Powers of Director of Invest igat ions 33 . Designat ion and powers of invest igators 34. Search and seizure by appointed invest igators 35 . Power to test i tems seized 36. Certificate to be produced 15 37. Return of seized property 38. Public inquiry 39. Notification of a depar tment of aircraft accident or aircraft incident and
investigation by depar tment 40 . Notification of Minis ter of depar tment having direct interest in aircraft accident 20
or aircraft incident by Aviation Safety Investigation Board 4 1 . At tendance and removal of observers at aircraft accident and aircraft incident
invest igations
P A R T 4
R E P O R T I N G O N C O M P L E T I O N O F A N Y A I R C R A F T A C C I D E N T O R 25 A I R C R A F T I N C I D E N T I N V E S T I G A T I O N
42 . Rights of affected part ies, mak ing representat ions and publicat ion of report 4 3 . Manner of deal ing with representat ions 44. Notification of findings and recommenda t ions 45 . Minis ter of a depar tment to respond to Aviation Safety Investigation Board 30 46 . Aviation Safety Investigation Board may delegate powers
PART 5
A C C E S S , U S E A N D P R I V I L E G E O F " O N B O A R D R E C O R D I N G " A N D " C O M M U N I C A T I O N R E C O R D " , P O W E R O F C O U R T O R I N Q U E S T ,
A C C E S S A N D U S E O F S T A T E M E N T S U S E D IN I N V E S T I G A T I O N , R U L E S 35 F O R P R O T E C T I O N O F I D E N T I T Y A N D C E R T A I N I N F O R M A T I O N
P R I V I L E G E D
47 . Definition of "on -boa rd r e c o r d i n g " 4 8 . Privilege for on-board recordings 49 . Access by Aviation Safety Invest igat ion Board 4 0 50. Use of on-board recording by Aviation Safety Investigation Board 5 1 . Access to on-board recording by peace officers, inquests and other investiga­
tors 52 . Power of court or inquest 5 3 . Use of "on -boa rd r eco rd ing" prohibi ted 4 5 54. Definition of "communica t ion r e c o r d " 55 . Sta tement pr ivi leged 56. Access by judic ia l inquest and other investigators 57. Power of court or an inquest with regard to s tatements 58. Use of s ta tement prohibi ted 5 0 59 . Report ing of aircraft accidents and aircraft incidents 60. Certain information privi leged
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6 1 . Use of report m a d e to Aviation Safety Investigation Board under voluntary report ing system established by rules prohibited
62 . Appea rance of investigator 6 3 . Opin ions inadmissible
PART 6 5
R U L E S
64. Rules
PART 7
O F F E N C E S
65. Offences 10
66. Ev idence
PART 8
T R A N S I T I O N A L A R R A N G E M E N T S A N D L I A B I L I T Y O F M E M B E R S , S T A F F A N D A C C R E D I T E D R E P R E S E N T A T I V E S , E X P E R T S A N D A D V I S O R S O F
A V I A T I O N S A F E T Y I N V E S T I G A T I O N B O A R D 15
67 . Invest igat ions 68 . Liabil i ty of member s , staff and accredited representat ives, experts and advisers
of Aviation Safety Investigation Board
C H A P T E R 5
C O M M I S S I O N S A N D B O A R D S O F I N Q U I R Y 20
69 . Commiss ion of Inquiry in terms of Consti tut ion 70 . Boards of inquiry into certain offences
C H A P T E R 6
PART 1
C I V I L AVIATION A U T H O R I T Y 25
7 1 . Es tabl ishment of Civil Aviation Authori ty
72 . Objects of Civil Aviation Authori ty 7 3 . Funct ions of Civil Aviation Authori ty
74 . Fund ing of Civil Aviation Authori ty
PART 2 30
C I V I L AVIATION A U T H O R I T Y B O A R D
75 . Es tabl ishment of Civil Aviation Authori ty Board
76. Funct ions and responsibili t ies of Civil Aviation Authori ty Board 77 . Appo in tmen t of Civil Aviation Authori ty Board 78 . Mee t ings of Civil Aviation Authori ty Board 35 79 Minu tes of Civil Aviation Authori ty Board Meet ings 80. Remova l of m e m b e r of Civil Aviation Authori ty Board from office 8 1 . Commi t t ees of the Civil Aviation Authori ty Board 82. Remunera t ion of members of Civil Aviation Authori ty Board 83 . Corpora te governance plan 4 0 84. Conflict of interest
10 No. 32266 GOVERNMENT GAZETTE, 27 MAY 2009
P A R T 3
D I R E C T O R O F C I V I L A V I A T I O N A U T H O R I T Y
85. Appo in tmen t and removal of Director 86. Dut ies of Director 87 . 88 .
Responsibi l i t ies of Director Powers of Director
5
89. Ass ignment and delegat ion by Director 90. Appo in tmen t of acting Director 9 1 . Consul ta t ion 92 . Performance 10 9 3 . Conflict of interest
P A R T 4
G E N E R A L P R O V I S I O N S R E G A R D I N G T H E C I V I L AVIATION A U T H O R I T Y
94. Performance agreement between Minister, the Civil Aviation Authori ty Board and Director
9 5 . Appl icat ion of Public F inance M a n a g e m e n t Act 96 . Appo in tmen t and remunerat ion of staff of Civil Aviation Authori ty 97. Restr ict ion on use of name 98 . Conflict of interest 99 . Limitat ion of liability 100. Ministerial order 101. Judicial managemen t and liquidation of the Civil Aviation Authori ty
P A R T S
AVIATION S E C U R I T Y
102. National civil aviation security policies
103. Nat ional aviat ion security responsibil i t ies of Depar tment 104. National Aviation Security Commi t t ee 105. Objects of the National Aviation Security Commi t t ee 106. Meet ings of the National Aviation Securi ty Commi t t ee 107. Security p rogram information confidential 108. Designat ion of staff of National Aviation Security Commi t tee by Director 109. Aviation security program submit ted to Minis ter for approval 110. Determinat ions by Minis ter 111. Aviation part icipants required to have national aviation security program 112. Offences
C H A P T E R 7
M O N I T O R I N G A N D E N F O R C E M E N T O F R E G U L A T O R Y C O M P L I A N C E BY C I V I L AVIATION A U T H O R I T Y A N D T H E I S S U I N G O F C O M P L I A N C E
N O T I C E S
113. Moni tor ing of regulatory compl iance 4 0 114. Compl iance notices 115. Grounding of aircraft and closing of facility by authorised officer or inspector 116. Prohibit ion on exercis ing of certain privileges of any aviation certificate,
permit or authorisat ion by authorised officers or inspectors
15
20
30
Act No. 13, 2009 CIVIL AVIATION ACT, 2009
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C H A P T E R 8
P A R T 1
I N T E R N A L A P P E A L A G A I N S T D E C I S I O N S O F I N S P E C T O R S A N D A U T H O R I S E D O F F I C E R S A N D D I R E C T O R
117. Decis ion and procedural rights 5 118. Appea l against decis ions of authorised officers, authorised persons and
inspectors 119. Appea l against refusal, cancellat ion, endorsement of medica l certificate or
declarat ion of unfitness 120. Appeal against decis ions of Director 10 121. Submiss ion of appeal to appeal commit tee
PART 2
A P P E A L C O M M I T T E E S
122. Compos i t ion of appeal commi t tees
123. Condi t ions of service, remunera t ion , a l lowances of member s of appeal 15 commi t tees and resignat ion of member s
124. Quorum and meet ings of appeal commit tees 125. Decis ions of appeal commit tees 126. General provis ions regarding appeal commit tees 127. Appea l against decis ion of appeal commit tees 20 128. Adminis t ra t ive work of appeal commit tees
C H A P T E R 9
P R O C E D U R E S F O R I D E N T I F Y I N G A N D N O T I F Y I N G O F D I F F E R E N C E S , I S S U A N C E O F E X E M P T I O N S B Y D I R E C T O R A N D I N T E R C E P T I O N
O R D E R S 25
129. Procedures for identifying and notifying of differences 130. Issuance of exempt ions by Director 131. Compl i ance with Annex 2 of the Convent ion in respect of Marshal l ing Signals ,
Intercept ion Manoeuvres and Orders
C H A P T E R 10 30
T R A N S F E R O F C E R T A I N F U N C T I O N S A N D D U T I E S IN T E R M S O F A R T I C L E »3bis O F C O N V E N T I O N
132. Transfer of certain functions and duties
C H A P T E R 11
P A R T 1 35
O F F E N C E S A N D P E N A L T I E S
133. Offences and penal t ies 134. Interference with operat ion of air carrier, airport or heliport 135. Nuisance , disorderly or indecent act on board any aircraft 136. Interference with Director, m e m b e r or staff of Aviation Safety Investigation 4 0
Board, staff of Civil Aviation Authori ty or m e m b e r of Civil Aviation Authori ty Board
137. Smok ing on board aircraft, t amper ing with smoke detectors, operat ing portable electronic device when prohibi ted and refusing to obey lawful instruction
138. Illegal pract ices in connect ion with cargo, baggage , mail or other goods 45 139. Prohibi t ion and control in aircraft
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Act No. 13, 2009 CIVIL AVIATION ACT, 2009
140. Prohibi t ion and control in restricted areas 141. Prohibi t ion and control in aviation facilities and air navigat ion facilities 142. Prohibi t ion of conveyance of conventional a rms, drugs or animal product in
aircraft and interference with an aircraft in flight in order to exercise cr iminal jur isdic t ion 5
143. Threat to safety and security 144. Penalt ies for contravent ions other than sections 133 to 142, 145,148 and the
imposi t ion of administrat ive penalt ies
PART 2
S E A R C H , S E I Z U R E A N D P O W E R S O F A R R E S T O F A U T H O R I S E D 10 P E R S O N S , O F F E N C E S A N D P E N A L T I E S IN C O N N E C T I O N W I T H S U C H
S E A R C H A N D S E I Z U R E S B Y A U T H O R I S E D P E R S O N S
145. Search, seizure and powers of arrest by authorised persons 146. Seizure or retention of harmful articles 147. Powers of arrest of authorised person 15 148. Call for identification
C H A P T E R 12
D E L E G A T I O N O F P O W E R S , A C T S A N D O M I S S I O N S T A K I N G P L A C E O U T S I D E R E P U B L I C , J U R I S D I C T I O N , E X T R A D I T I O N A N D
A D M I S S I B I L I T Y O F C E R T A I N S T A T E M E N T S 20
149. Delegat ion of powers 150. Acts or omiss ions taking place outside Republ ic 151. Jurisdict ion 152. Extradi t ion 153. Admiss ibi l i ty of certain s ta tements 25
C H A P T E R 13
P O W E R S O F C O M M A N D E R O N B O A R D A I R C R A F T A N D P E N A L T I E S IN C O N N E C T I O N W I T H A N Y C O N T R A V E N T I O N T H E R E O F
154. Powers on board aircraft
C H A P T E R 14 30
PART 1
R E G U L A T I O N S
155. Regula t ions
PART 2
A P P L I C A T I O N O F C O N S U L T A T I V E S T R U C T U R E S A N D C I V I L A V I A T I O N 35 R E G U L A T I O N S C O M M I T T E E
156. Appl icat ion 157. Institution of Commi t t ee 158. Mee t ing of the Commi t t ee 159. Subcommi t t ees of Commi t tee 4 0 160. Remunera t ion of M e m b e r s 161. Adminis t ra t ion 162. Emergency regulat ions
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C H A P T E R 15
T E C H N I C A L S T A N D A R D S
163. Technical s tandards for civil aviation
C H A P T E R 16
T R A N S I T I O N A L P R O V I S I O N S , R E P E A L A N D A M E N D M E N T O F L A W S , A C T 5 B I N D I N G O N STATE A N D S H O R T T I T L E A N D C O M M E N C E M E N T
164. Transit ional provis ions 165. Mat ters pending under previous Acts 166. A m e n d m e n t and repeal of laws 167. Act b inding on State 10
168. Short title and c o m m e n c e m e n t
S C H E D U L E 1
L A W S A M E N D E D
S C H E D U L E 2
L A W S R E P E A L E D 15
S C H E D U L E 3
C O N V E N T I O N O N I N T E R N A T I O N A L C I V I L A V I A T I O N
( A R T I C L E S 1 - 96)
S C H E D U L E 4
I N T E R N A T I O N A L AIR S E R V I C E S T R A N S I T A G R E E M E N T 20
( A R T I C L E S 1 - VI)
S C H E D U L E 5
C O N V E N T I O N O N I N T E R N A T I O N A L I N T E R E S T S IN M O B I L E E Q U I P M E N T A C T , 2007 ( A C T 4 O F 2007)
S C H E D U L E 6 25
C O N V E N T I O N O N T H E I N T E R N A T I O N A L R E C O G N I T I O N O F R I G H T S IN A I R C R A F T A C T , 1993 ( A C T 59 O F 1993)
C H A P T E R 1
D E F I N I T I O N S
Definit ions 30
1. (1) In this Act, unless the context otherwise ind ica tes— "accredi ted representat ive" means a person designated by a State, on the basis of his or her qualifications, for the purpose of participating in an aircraft accident or aircraft incident investigation conducted by another State; " a e r o d r o m e " means any demarcated area on land or water or any bui lding which 35 is used or intended to be used, either wholly or in part, for the arrival or departure of an aircraft, and includes any building, installation or equipment within such area which is used or intended to be used in connect ion with the arrival, depar ture or movemen t of an aircraft;
18 No. 32266 GOVERNMENT GAZETTE. 27 MAY 2009
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"air carr i er" means a commerc ia l air transport operator providing either a scheduled or a non-scheduled air service; "aircraft" means any mach ine that can der ive support in the a tmosphere from the react ions of the air, other than the react ions of the air against the surface of the
"aircraft acc ident" means the occurrence as defined in Chapter 1 of Annex 13 to the Convent ion ; "aircraft inc ident" means an occurrence as defined in Chapter 1 of Annex 13 to the Convent ion ; "air navigat ion faci l i ty" means any premises , structure or place to which the 10 public have restricted access and in which a service is rendered for the operation of a designated airport or for the publ ic at a designated airport, airport or heliport , and includes any aid provided for promot ion of the safe, orderly and expedi t ious movemen t of air traffic, and, where applicable, any building or structure in or on which such aid or part thereof is housed or attached, and includes the premises on 15 which such aid or part thereof is situated, whether such building, structure or p remises is situated within the boundar ies of a designated airport, airport or hel iport or not; "air navigat ion infrastructure" means a navigation infrastructure as defined in the Air Traffic Navigat ion Services C o m p a n y Act, 1993 (Act N o . 45 of 1993); 20 "air serv ice" means an air service defined in Section 1 of the Air Licens ing Act , 1999 (Act N o . 115 of 1999); "Air service o p e r a t o r " means a commerc ia l air transport operator providing one or more of the following namely, a scheduled, a non-scheduled or a general air service; 25 "Air Traffic Serv ice" means a service provided for the purpose of safe and efficient conduct of flight, expedi t ious and orderly flow of air traffic, assisting in aircraft search and rescue, and inc ludes— (a) an aerodrome control service; (b) an approach control service; 30 (c) an area control service; (d) an approach radar control service; (e) a flight information service; (/) an ae rodrome flight information service; (g) an area radar control service; 35 (h) an advisory service; and (i) an alerting service; " A i r traffic service un i t" means an air traffic control unit, flight information centre or air traffic service report ing office;" "airport" means an ae rodrome as defined in section 1 of this Act; 4 0 "airport m a n a g e r " means any person appointed in writ ing by the managemen t of a designated airport to act in such capaci ty or any person in control of an airport, and includes any person appointed in wri t ing by the airport manager or the managemen t of a designated airport to discharge any function imposed, or to exercise any power conferred, upon the airport manager by this Act; 45 "appeal c o m m i t t e e " means an appeal commit tee established in terms of section 122; "appointed m e m b e r " means a m e m b e r of the Civil Aviation Authori ty Board appointed by the Minis ter in te rms of section 77; "author ised officer" means an officer designated in terms of section 88(1) of this 5 0 Act; "authorised p e r s o n " m e a n s — (a) any m e m b e r of the Service as defined in section 1 of the South African Police
Service Act , 1995 (Act N o . 68 of 1995); (b) any person appointed in wri t ing by the management of a designated airport, 55
with the approval of the Minis ter or any person authorised by him or her to furnish such approval ;
(c) any m e m b e r of the South African National Defence Force , as defined in paragraph (a) of the definition of ' m e m b e r ' i n section 1 of the Defence Act, 2002 (Act N o . 42 of 2002) ; 60
(d) any person designated in wri t ing by the Director as an authorised person in terms of section 88(1); or
earth; 5
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Act No. 13, 2009 CIVIL AVIATION ACT, 2009
(e) any other person appointed in writ ing by the Minis ter as an authorised person for the purposes of this Act ;
"aviat ion faci l i ty" means premises for the handl ing of passengers , cargo, post or baggage , an aircraft hangar, a fuel storage area and any other premises , structure or place to which the public have no right of access and in which a service is rendered 5 for the operat ion of a des ignated airport or aircraft or for the public at an airport or heliport, whether such building, structure or premises is situated within the boundar ies of the airport or heliport or not;
"Aviation Safety Invest igat ion B o a r d " means the Aviation Safety Invest igat ion Board establ ished in terms of section 10; 10 " b o a r d " means a board of inquiry appointed under section 70 ; "Civil Aviat ion Author i ty" means the South African Civil Aviation Authori ty established in terms of section 7 1 ; "Civil Aviation Author i ty B o a r d " means the Civil Aviation Authori ty Board established by section 7 5 ; 15 " c o m m a n d e r " , in relation to an aircraft, means the crew m e m b e r designated as c o m m a n d e r of that aircraft by the operator thereof, or, failing such a designat ion, the person w h o is at that t ime the pilot in c o m m a n d of that aircraft; " c o m p a n y " means the company as defined in section 1 of the Airports C o m p a n y Act, 1993 (Act N o . 44 of 1993); 20 "Cons t i tu t ion" means the Consti tut ion of the Republ ic of South Africa, 1996; "Contract ing S ta te" means any State which is a party to the Convent ion ; "control led a i r space" means an airspace of denned d imens ions within which an air traffic control service is provided to IFR (Instrument Fl ight Rules) flights and to V F R (Visual Fl ight Rules) flights in accordance with the airspace classification as 25 prescribed by regulat ion; " C o n v e n t i o n " means the Convent ion on International Civil Aviation d rawn up in Chicago on 7 D e c e m b e r 1944, as set out in Schedule 3, and includes any amendment s and addit ions ratified and procla imed in accordance with section 3(1 )(b); _ 30 "Convent ion c o u n t r y " means a country in which the Convent ion on Offences and Certain Other Acts Commi t ted on Board Aircraft, the Convent ion for the Suppression of Unlawful Seizure of Aircraft or the Convent ion for the Suppression of Unlawful Acts against the Safety of Civil Aviation is in force; "Criminal Procedure A c t " means the Criminal Procedure Act, 1977 (Act N o . 51 35 of 1977); " D e p a r t m e n t " means the National Depar tment of Transport ; "des ignated a i rpor t" means any company airport as defined in section 1 of the Airports C o m p a n y Act , 1993 (Act N o . 4 4 of 1993), and includes any airport, hel is top or hel iport des ignated by the Minis ter in terms of section 4(5) ; 4 0 "differences" means the departures from international s tandards and procedures contained in Art icle 38 of the Convent ion; "Direc tor" m e a n s the Director of Civil Aviation appointed in te rms of section 85 ; "Direc tor -Genera l" m e a n s the Director-General of the Depar tment of Transport ; "Director of Inves t igat ions" means the Director of Invest igat ions appointed in 45 terms of section 26 ; "financial year" , in relation to the Civil Aviation Authority, m e a n s a period beginning on 1 April of a specific year and ending on 31 M a r c h of the fol lowing year; "flight p a t h " means the line of an aircraft 's passage through the air; 50 "harmful art ic le" m e a n s — (a) any ammuni t ion as defined in section 1 of the Firearms Control Act , 2000 (Act
No . 60 of 2000) , and includes any cartr idge or projectile intended for use in the discharge of a fire-arm in terms of that Act;
(b) any firearm as defined in section 1 of the Fi rearms Control Act , 2000 (Act N o . 55 60 of 2000) , and includes any firearm referred to in terms of that Act , any grenade , b o m b or similar missi le and any article which has the appearance of such a firearm or a grenade , b o m b or similar missi le , whether capable of being discharged or exploded or not;
(c) explosives as defined in section 1 of the Explos ives Act, 1956 (Act N o . 26 of 60 1956), including explosives as defined in Article 1 of the Convent ion on the Mark ing of Plastic Explos ives for the Purpose of Detect ion, 1999, and includes any article which has the appearance of an explosive or which is
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marked or labelled that it is or contains an explos ive , whether such article is capable of explosion or of being exploded or not;
(d) any car tr idge as defined in section 1 of the Fi rearms Control Act , 2000 (Act No . 60 of 2000) ;
(e) any device as contemplated in section 5 of the Fi rearms Control Act , 2000 5 (Act N o . 60 of 2000) ; or
(f) any other article, device or instrument which is reasonably bel ieved to be capable of being used to endanger life or property or any other article which is a dangerous weapon as defined in section 1 of the Dangerous Weapons Act, 1968 (Act No . 71 of 1968); 10
"he l iport" means a defined area on any land or bui lding, which is intended to be used for, or in connect ion with, the arrival, departure or m o v e m e n t of hel icopters , and includes any building, installation or equ ipment within such area; " h e l i s t o p " means an ae rodrome and any defined area or a structure intended or des igned to be used ei ther wholly or partly for the landing, depar ture and surface 15 movemen t of hel icopters ; "identi fying and notifying of differences" means the process whereby Contract­ ing States in te rms of Art icle 38 of the Convent ion identify and notify other Contrac t ing States of any differences be tween national regulat ions and pract ices and the international s tandards contained in the Annexes to the Convent ion ; 20 "Inques t s A c t " means the Inquests Act , 1959 (Act No. 58 of 1959); " i n s p e c t o r " m e a n s an inspector designated in terms of section 88(1) ; "inves t igator" means a person appointed under section 26; "mil i tary c o n v e y a n c e " means the transportat ion of goods or persons by means of an aircraft that is operated by or on behalf of the Depar tment of Defence or a 25 visit ing force; " M i n i s t e r " means the Minis ter of Transport ; "mis sed approached procedure" means the procedure to be followed if the approach cannot be cont inued; " N A S P " means the Nat ional Aviation Security Program compi led and developed 30 by the Depar tment in compl iance with Annex 17 to the Convent ion ; " o a t h " includes an affirmation or declarat ion; " o p e r a t o r " means a person or artificial entity, holding a valid l icence and opera t ing certificate or equivalent thereof authorising such person to conduct scheduled, non-scheduled or general air services and airline, air carrier, air service 35 operator or commerc ia l air transport operator has the same mean ing as defined; " o r g a n of s ta te" m e a n s — (a) any national or provincial depar tment ; (b) a municipal i ty contemplated in section 151 of the Const i tut ion; or (c) any functionary or institution exercising a power or performing a function in 40
terms of the Const i tut ion, or a provincial consti tut ion referred to in section 142 of the Const i tut ion;
"part ic ipant" m e a n s any person w h o participates in or w h o renders services to the aviation industry or aviation in general ; "pilot in c o m m a n d " in relation to an aircraft, means the person w h o is in charge 45 of the pi lot ing of the aircraft; "polit ical office b e a r e r " means a member of Parl iament , a member of a provincial legislature, a d iplomat ic representat ive of the Republ ic w h o is not an officer of the State in terms of the Public Service Act, 1994 (Proclamat ion N o . 103 of 1994), a m e m b e r of a municipal council , a m e m b e r of a house or council of traditional 50 leaders , or any paid official of a political party, al l iance or movemen t ; " p r e m i s e s " includes any aerodromes , hangars , approved maintenance organisat ions , workshops , ramps, fuel storage, operator offices, cargo handl ing areas, vehicles and aviation training organisat ions; " p r e s c r i b e d " means prescribed by regulat ion; 55 " p r o c l a m a t i o n " means any proclamat ion issued under this Act ; " P r o t o c o l s " means the instruments that govern the applicat ion of the Convent ion issued by the International Civil Aviation Organisat ion and ratified by M e m b e r States; "Publ ic F inance M a n a g e m e n t A c t " means the Public F inance M a n a g e m e n t Act, 60 1999 (Act N o . 1 of 1999); "Rec ip ient S ta te" m e a n s all States that part icipate in an aircraft accident or aircraft incident invest igat ion including the State insti tuting the invest igat ion, the
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State of Registry, the State of the Operator , the State of Design, the State of Manufacture , any State having suffered fatalities or serious injuries to its ci t izens and any State that provided relevant information, significant facilities or exper ts ; "registered o w n e r " in relation to an aircraft means the person in whose n a m e the aircraft is registered, and includes any person w h o is or has been act ing as an agent 5 in the Republ ic for a foreign owner, or any person by w h o m the aircraft is hired at the t ime; "regula t ion" means any regulation made under this Act; " R e p u b l i c " means the Republ ic of South Africa including any territory and territorial waters in respect of which Par l iament is competent to legislate; 10 "restricted a r e a " means any area, building or place at a designated airport, in respect of which access control has been instituted for security purposes by, or with the concurrence of the managemen t of such designated airport, or in respect of which the Minis ter has directed the m a n a g e m e n t of the designated airport, or any organisation conduct ing business at a des ignated airport, to institute access control 15 and in respect of which access control has been so instituted; " s e a r c h " with the except ion of Chap te r 4, includes hand searches of luggage or the use of metal detectors for persons and metal detectors, X-ray equipment and explos ive detect ing equipment for personal effects, baggage , vehicles, cargo, mail and other goods for the purpose of screening; 20 " S o u t h African aircraft" means an aircraft registered in the Republ ic and includes any aircraft that is operated by jo in t air t ransport operat ing organisat ions or international operat ing agencies establ ished by the State and any other convent ion country and that is declared by the Minis ter by not ice in the Gazette, to be a South African aircraft; 25 "State of D e s i g n " refers to the state having jur isdict ion over an organisation responsible for the type of design of an aircraft; "State of M a n u f a c t u r e " refers to the state having jur isdict ion over an organisation responsible for the final assembly of an aircraft; "State of O c c u r r e n c e " means the state in whose territory an aircraft accident or 30 aircraft incident occurs; "State of Reg i s try" means the state on whose register the aircraft is registered; "State of the O p e r a t o r " means the State in which the opera tor ' s principal place of business is located or, if there is no such place of business , the opera tor ' s pe rmanent res idence; 35 "technical s t a n d a r d " in relation to civil aviat ion regulat ions, means a s tandard publ ished under the authori ty of the Director that specifies the technical requi rements , data, information or gu idance relating to an acceptable m e a n s of compl iance with such regulat ion; "this A c t " includes any Schedule to this Act or regulation m a d e under this Act; 4 0 "Transit A g r e e m e n t " means the Internat ional Air Services Transit Agreemen t drawn up at Ch icago on 7 December 1944, and set out in Schedule 4.
(2) The definition of " a e r o d r o m e " in subsect ion (1) does not derogate from the ordinary meaning of the word " a i rpo r t " .
(3) For the purposes of this Act an aircraft is regarded to be in flight— 45 (a) from the m o m e n t when all its external doors are closed following embarkat ion
until the momen t when any such door is opened for disembarkat ion or, if the aircraft makes a forced landing, until the momen t when the competent authorit ies of the country in which the forced landing takes place, take over the responsibil i ty for the aircraft and for the persons and property on board; or 50
Cb) dur ing any period when it is on the surface of the sea or land but not within the territorial limits of any country.
(4) (a) For the purposes of this Act an aircraft is regarded to be in service from the start of the pre-flight preparat ion of such aircraft by ground personnel or by the crew for a specific flight until twenty-four hours after any landing. 55
(b) The entire period dur ing which the aircraft is in flight in terms of subsection (3) is included for the purpose of paragraph (a).
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C H A P T E R 2
A P P L I C A T I O N O F A C T , P O W E R T O C A R R Y O U T A N D A P P L Y C O N V E N T I O N , T R A N S I T A G R E E M E N T A N D P R O T O C O L , F U N C T I O N S O F
M I N I S T E R IN C O N N E C T I O N W I T H A C T A N D C O N V E N T I O N A N D T R A N S I T A G R E E M E N T 5
Appl icat ion of Act
2 . (1) This Act , the Convent ion , the Transit Agreement and Protocol , except where expressly excluded under this Act, apply t o —
(a) every aircraft, ae rodrome, air navigation facility, aviation facility, des ignated airport, operators , passengers or any person boarding an aircraft or entering an 10 aerodrome, air navigat ion facility, aviation facility or designated airport and registered owners of aircraft in the Republ ic ;
(b) every person employed at or in connect ion with such ae rodrome, air navigation facility, aviation facility or designated airport;
(c) all foreign registered aircraft and personnel of such aircraft operat ing in the 15 Republ ic or over the territorial waters thereof; and
(d) all South African aircraft and personnel of such aircraft, whether within or outside the Republ ic .
(2) For the purpose of subsect ion (1) the personnel of an aircraft is regarded to include the commande r or any other person in charge of the aircraft, and all the other m e m b e r s 20 of the c rew of the aircraft.
(3) This Act, the Convent ion and the Transit Agreement do not apply t o — (a) an aircraft be longing to the South African National Defence Force and the
South African Police Service; (b) airports, hel iports or helistops belonging to the South African Nat ional 25
Defence Force and the South African Police Service; (c) an aircraft or airports in use exclusively by the South African Nat ional
Defence Force or South African Police Service, or to any person employed on or in connect ion with such aircraft or airports, i rrespective of whe ther such person is so employed in a mili tary or civil capacity: Provided that the 30 Minister, after consultat ion with the Minister of Defence or the Minis te r of Safety and Security, as the case may be, may by notice in the Gazette apply any of the said provis ions with or without modification to any such aircraft, ae rodrome or person; and
(d) an aircraft used by cus toms services. 35 (4) Notwi ths tanding subsect ion (3), Part 1 of Chapter 11 and the Civil Aviation
Regulat ions , 1997, apply t o — (a) an aircraft be longing to the South African National Defence Force and South
African Police Service; and (b) an aircraft in use exclusively by the South African National Defence Force 4 0
and South African Police Service, where such aircraft are in flight through control led airspace or in use at non-mil i tary aerodromes and hel iports .
P o w e r to carry out and apply Convent ion , Transit Agreement and Protocol
3 . (1) The Minister, in consul tat ion with the Civil Aviation Authori ty, m a y — 45 (a) do all things necessary to ratify, or cause to be ratified on behalf of the
Republ ic , any amendment s of or addit ions to the Convent ion , the Transit Agreemen t or Protocol which may be made ; and
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(b) by proc lamat ion in the Gazette, declare that the amendmen t s or addit ions so ratified must be observed and have the force and effect of l aw in the Republ ic .
(2) Copies of any amendment s or addit ions ratified and procla imed in terms of subsection (\)(b) must b e tabled for inspection in Parl iament within 14 days after the publication of the relative proclamat ion in the Gazette, if Par l iament is in ordinary 5 session or, if it is not in ordinary session, within 14 days after the c o m m e n c e m e n t of its next ensuing ordinary session.
Funct ions of Minis ter in connect ion wi th Act , Convent ion and Transit A g r e e m e n t
4. (1) The Minis te r is responsible for the carrying out of this Act , the Convent ion and the Transit Agreement . 10
(2) Every person appointed under or concerned with the carrying out of this Act , excluding member s of the South African National Defence Force or the South African Police Service, mus t perform his or her functions and exercise any discret ion expressly or impliedly vested in h im or her in a manner which gives effect to this Act .
(3) With the written consent of the Minis ter any person in w h o m any discretion is 15 vested as is contempla ted in subsection (2), may delegate the power to exercise such discretion on his or her behalf to any other specified person.
(4) T h e Minis ter mus t designate the Civil Aviation Authori ty as the appropriate authori ty for the purposes of carrying out the functions of this Act and Convent ion and set strategic goals for the Civil Aviation Authority. 20
(5) The Minis te r may, in addit ion to the company airports denned in section 1 of the Airpor ts C o m p a n y Act , 1993 (Act N o . 44 of 1993), by notice in the Gazette, designate any other airport for the purposes of this Act .
E n a c t m e n t of Convent ion , Transit Agreement and Protocol
5. (1) The Convent ion , the Transi t Agreement and Protocol referred to in Schedules 3 25 and 4, respectively, have , subject to this Act, the force of law in the Republ ic .
(2) The Minis ter m a y by notice in the Gazette amend Schedules 3 and 4 to reflect any changes m a d e to the Convent ion , the Transit Agreement and Protocol if those changes are binding on the Republ ic in terms of section 231 of the Const i tut ion.
A C Q U I S I T I O N O F L A N D A N D R I G H T S IN C O N N E C T I O N W I T H A I R P O R T S A N D C O N S U L T A T I O N W I T H I N T E R E S T E D P A R T I E S
Acquis i t ion of l a n d and rights in connect ion with airports
6. (1) The Minis ter may out of moneys appropriated by Par l iament for the p u r p o s e — 35 (a) of ensur ing that proper effect is given to this Act, acquire land and interests in
and rights to and over land adjoining or adjacent to any airport in respect of which a l icence under the regulations has been or is to be issued; and
(b) acquire land and interests in and rights to and over land for the purpose of the erection and main tenance of warning lights and other aids to safety in air 4 0 navigat ion ( including pipe lines or power lines or the like, whether underground or overhead, required in connect ion with such lights or other aids) which are considered necessary in connect ion with any airport in respect of which a l icence under the regulations has been or is to be issued.
(2) In acquir ing land in terms of subsection (1 )(a) and (b) the Minis ter must consult 45 with all interested parties prior to such acquisit ion.
C H A P T E R 3 30
PART 1
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P A R T 2
P E R M I S S I O N T O U S E L A N D H E L D U N D E R A N Y R E C O N N A I S S A N C E P E R M I S S I O N , E X P L O R A T I O N , P R O S P E C T I N G O R M I N I N G
A U T H O R I S A T I O N O R P E R M I S S I O N F O R A I R P O R T S , C O N S U L T A T I O N W I T H I N T E R E S T E D PARTIES , T R E S P A S S , N U I S A N C E A N D 5
R E S P O N S I B I L I T Y F O R D A M A G E
Permiss ion to use land held under any reconnaissance permiss ion, explorat ion, prospect ing or min ing authorisat ion or permiss ion for airports
7. (1) Subject to the Mineral and Pet ro leum Resources Deve lopment Act, 2002 (Act N o . 28 of 2002) , the National Environmenta l M a n a g e m e n t Act, 1998 (Act N o . 107 of 10 1998), the National Water Act , 1998 (Act N o . 36 of 1998), and the Const i tut ion, the Minis ter of Minera l s and Energy may permit the use of land held under any reconnaissance permiss ion, explorat ion, prospect ing or min ing authorisation or permiss ion, for the es tabl ishment of airports or heliports .
(2) Before granting any permiss ion in terms of subsect ion (1) for the use of land held 15 under any reconnaissance permiss ion, explorat ion, prospect ing or min ing authorisation or permiss ion for the es tabl ishment of airports or for landing places for aircraft, the Minis ter of Minera ls and Energy mus t consult with the Minister and all interested part ies.
Trespass , nuisance , responsibil ity for d a m a g e and insurance for d a m a g e or loss by 20 registered o w n e r s and operators of aircraft
8. (1) N o action lies in respect of trespass or in respect of nuisance, by reason only of the flight of aircraft over any property at a height , which, having regard to wind, weather and other c i rcumstances of the case, is reasonable , or the ordinary incidents of such flight, so long as this Act , the Convent ion and the Transit Agreemen t are duly complied 25 with.
(2) W h e r e material d a m a g e or loss is caused b y — (a) an aircraft in flight, taking off or landing; (b) any person in any such aircraft; or (c) any article falling from any such aircraft, 30 to any person or property on land or water, damages may be recovered from the registered owner of the aircraft in respect of such damage or loss, without proof of negl igence or intention or other cause of action as though such d a m a g e or loss had been caused by his or her wilful act, neglect or default.
(3) Subsect ion (2) does not apply where the damage or loss was caused by or 35 contr ibuted to by the negl igence or wilful act of the person by w h o m it was suffered.
(4) W h e r e any damages recovered from or paid by the registered owner of an aircraft under this section arose from damage or loss caused by the wrongful or negligent action or omission of any person other than the registered owner or some person in his or her employment , the registered owner is entitled to recover from that person the amount of 4 0 such damages .
(5) A registered owner or operator of an aircraft must have insurance as prescribed for any d a m a g e or loss that is caused by an aircraft to any person or property on land or water.
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C H A P T E R 4
P A R T I
A I R C R A F T A C C I D E N T S A N D A I R C R A F T I N C I D E N T S , E S T A B L I S H M E N T O F AVIATION S A F E T Y I N V E S T I G A T I O N B O A R D IN C O M P L I A N C E W I T H C O N V E N T I O N , J U R I S D I C T I O N O F A V I A T I O N S A F E T Y I N V E S T I G A T I O N 5 B O A R D A N D O B J E C T S O F A V I A T I O N S A F E T Y I N V E S T I G A T I O N B O A R D
Appl icat ion of Chapter to aircraft acc idents and aircraft incidents
9. (1) This Chapter applies in respect of aircraft accidents and aircraft incidents in or ove r—
(a) the Republ ic ; 10 (b) any place that is under the Republ ic ' s air traffic control ; and (c) any other place, if—
(i) the Republ ic is requested to investigate the aircraft accident and aircraft incident by an appropriate authority in terms of the Convent ion ; or
(ii) the aircraft accident and aircraft incident involves an aircraft in respect of 15 which, or that is operated by a person to whom, a South African aviat ion authorisat ion, aviation certificate or any aviation approval document has been issued.
(2) The applicat ion of this Chapte r in respect of aircraft accidents and aircraft incidents referred to in section 12(4) is subject to such restrictions in the interests of 20 national security as are provided in the Defence Act, 2002 (Act No . 42 of 2002) , or as prescr ibed by the Minister .
(3) In this Chapter " d e p a r t m e n t " means any depar tment in the national sphere of Government .
Establ i shment of Aviat ion Safety Invest igat ion B o a r d 25
10. The Aviation Safety Investigation Board, which is a juris t ic person, is hereby established.
Objects of Aviat ion Safety Invest igat ion Board
11. ( 1 ) The objects of the Aviation Safety Invest igat ion Board are to advance aviat ion transportat ion safety b y — 30
(a) conduct ing independent invest igat ions, including, when necessary, public inquiries into selected aircraft accidents and aircraft incidents in order to m a k e findings as to their causes and contr ibut ing factors;
(b) identifying safety deficiencies as evidenced by aircraft accidents and aircraft incidents; 35
(c) mak ing recommenda t ions designed to el iminate or reduce any such safety deficiencies;
(d) report ing publicly on its invest igat ions and on the findings in relation thereto; (e) p romot ing compl iance with the provis ions and procedures of Annex 13 to the
Convent ion ; 4 0 (f) invest igat ing aircraft accidents and aircraft incidents in compl iance with the
provis ions and procedures of Annex 13 to the Convent ion; and (g) d ischarging all other functions and obligat ions in compl iance with the
provis ions and procedures of Annex 13 to the Convent ion . (2) The Aviation Safety Invest igat ion Board mus t not apport ion b lame or liability in 45
any report fol lowing the invest igat ion of any aircraft accident or aircraft incident, and the sole object ive of the invest igat ion is accident prevention.
(3) In making its findings as to the causes and contr ibut ing factors of an aircraft accident and an aircraft incident, it is not the function of the Aviation Safety Investigation Board to assign fault or de termine civil or criminal liability, but the Board 50 must not refrain from fully report ing on the causes and contr ibut ing factors merely because fault or liability might be inferred from the Aviation Safety Invest igat ion Board ' s findings.
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(4) N o finding of the Aviation Safety Invest igat ion Board mus t be construed as assigning fault or determining civil or criminal liability.
(5) The findings of or the evidence before the Aviation Safety Invest igat ion Board are not b inding on the part ies to any legal, disciplinary or any other proceedings and may not be used in any civil , cr iminal or disciplinary proceedings against persons giving such 5 evidence .
(6) Where the causes and contr ibut ing factors of any aircraft accident or aircraft incident is k n o w n to the Aviation Safety Investigation Board it may refuse to investigate such aircraft accident or aircraft incident.
(7) Subject to the provis ions of the South African Mar i t ime and Aeronaut ical Search 10 and Rescue Act , 2 0 0 2 (Act No . 44 of 2002) , and the Convent ion , the South African Police Service, shall have rights of prior access to any scene of an aircraft accident or aircraft incident.
Jurisdict ion of Aviat ion Safety Invest igat ion Board
12. (1) Notwi ths tand ing any other legislation, the Aviation Safety Invest igat ion Board 15 must, in compl iance with Annex 13 to the Convent ion , invest igate any aircraft accident and aircraft incident for the purpose of carrying out its objects.
(2) Notwi ths tanding any other legis la t ion— (a) no depar tment , other than the Depar tment of Defence , may c o m m e n c e an
invest igat ion into an aircraft accident or aircraft incident for the purpose of 20 making findings as to its causes and contr ibut ing factors, if— (i) that aircraft accident or aircraft incident is being or has been invest igated
by the Aviation Safety Invest igat ion Board under this Act ; or (ii) the Depar tment has been informed that that aircraft accident or aircraft
incident is proposed to be invest igated by the Aviation Safety Investiga- 25 tion Board under this Act ; and
(b) where an investigation into an aircraft accident or aircraft incident is c o m m e n c e d by the Aviation Safety Investigation Board under this Act after an investigation into that aircraft accident or aircraft incident has been c o m m e n c e d by a depar tment other than the Depar tment of Defence , that 30 depar tmen t must forthwith discont inue its investigation, to the extent that it is an invest igat ion for the purpose of mak ing findings as to the causes and contr ibut ing factors of the aircraft accident or aircraft incident.
(3) Subsect ion (2) does not p reven t— (a) a depar tment from commenc ing an investigation into or cont inuing to 35
investigate an aircraft accident or aircraft incident for any purpose other than that of mak ing findings as to its causes and contr ibut ing factors, or from investigating any matter that is related to the aircraft accident or aircraft incident and that is not being investigated by the Aviation Safety Investigation Board; or 4 0
(b) the South African Police Service from invest igat ing the aircraft accident or aircraft incident for any purpose for which it is e m p o w e r e d to conduct invest igat ions.
(4) T h e Aviat ion Safety Invest igat ion Board may invest igate an aircraft accident and aircraft incident that i nvo lves— 45
(a) a military conveyance and an aircraft, none of which is a mili tary conveyance ; (b) a mili tary conveyance and a civil aviation facility; or (c) a mili tary aviation facility and an aircraft, none of which is a military
conveyance . (5) W h e r e the Aviation Safety Invest igat ion Board does not invest igate an aircraft 50
accident or aircraft incident, no depar tment is prevented from invest igat ing any aspect of the aircraft accident or aircraft incident that it is empowered to invest igate.
(6) The Aviation Safety Investigation Board must not inquire into any aircraft accident or aircraft incident in respect of which a prosecut ion, an inquest or an inquiry by a commiss ion has been established by the Minis ter which was instituted or comple ted 55 before the c o m m e n c e m e n t of this Act .
Coordinat ion of invest igat ions and remedial act ions
13. (1) Where , at any t ime during an investigation into an aircraft accident or aircraft incident under this Act , a depar tment other than the Depar tment of Defence invest igates
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that aircraft accident or aircraft incident, or under takes remedial measures with respect to that aircraft accident or aircraft incident, the Aviation Safety Invest igat ion Board and such depar tment must take all reasonable measures to ensure that their activities with respect to that aircraft accident or aircraft incident are coordinated.
(2) W h e r e conflicting interests arise be tween the Aviation Safety Invest igat ion Board 5 and a depar tment in coordinat ing their activities pursuant to subsect ion (1), the requirements and interests of the Aviation Safety Invest igat ion Board, subject to subsect ion (3) and any agreement entered into under section 27, take precedence and are pa ramount to the extent of the conflict.
(3) N o item in subsect ion (2) gives the requi rements and interests of the Aviation 10 Safety Investigation Board precedence over those of the South African Pol ice Service, or prevents a depar tment from taking emergency remedial measures under any other legislation.
(4) W h e r e an aircraft accident or aircraft incident referred to in subsect ion (1) is being invest igated by the Aviation Safety Invest igat ion Board, the Depar tment of Defence, the 15 South African Police Service or a visiting force, the Aviation Safety Invest igat ion Board and the Minis ter of Defence mus t take all reasonable measures to ensure that the invest igat ions are coordinated.
Compat ib l e procedures and pract ices
14. (1) The Aviation Safety Investigation Board must take all reasonable measures to 20 ensure that the investigation procedures and pract ices that it fol lows in relation to aircraft accidents and aircraft incidents are compat ib le w i t h —
(a) any international agreements or Convent ions to which the Republ ic is a party; and
(b) investigation procedures and pract ices fol lowed by the judicial inquests in 25 terms of the Inquests Act .
(2) The Aviation Safety Investigation Board must make all reasonable efforts to enter into agreements in order to ensure that the procedures and pract ices fol lowed by the Aviation Safety Investigation Board are compat ib le as far as possible with those fol lowed by the judicial inquests in te rms of the Inquests Act . 30
P A R T 2
A P P O I N T M E N T O F M E M B E R S A N D S T A F F O F AVIATION S A F E T Y I N V E S T I G A T I O N B O A R D , P R O C E D U R E A N D R E Q U I R E M E N T S IN
A P P O I N T I N G M E M B E R S , F I L L I N G O F V A C A N C I E S , R E M U N E R A T I O N A N D D U T I E S O F M E M B E R S A N D C O N F L I C T O F I N T E R E S T O F M E M B E R S 35
Procedure and requirements in appoint ing m e m b e r s of Aviat ion Safety Invest iga­ t ion Board , filling of vacancies and t erm of office
15. (1) The Aviation Safety Invest igat ion Board consists of a Chairperson, Deputy Chairperson and three other member s appointed in accordance with the following principles , namely- 40
(a) participation by the public in the nominat ion and evaluat ion process ; and (b) t ransparency and openness taking into account the objects and principles of
this Act . (2) (a) Before the members of the Board are appointed, the Minis ter must , through the
media, invite m e m b e r s of the public to apply or nominate persons for appoin tment to the 45 Aviation Safety Investigation Board and w h o comply with the criteria contemplated in subsect ion (3).
(b) The Minister must after receipt of the nominat ions and applicat ions contemplated in paragraph (a) invite at least four aviation exper ts and the Director to assist in the selection and evaluat ion of member s eligible for appoin tment to the Aviation Safety 50 Invest igat ion Board .
(c) The aviation experts referred to in paragraph (b) must compi le a shortlist consis t ing of no more than ten persons.
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Cd) The aviation experts must submit the shortlist to the Depar tment for publ icat ion in the Gazette for publ ic c o m m e n t for a per iod of not less than 30 days, and the Depar tment must notify Par l iament accordingly.
(e) The Minis ter must , after the period a l lowed for public commen t and considerat ion thereof as contemplated in paragraph (d), appoint the members as referred to in 5 subsection (1) from a list compi led by the aviation experts .
(f) The Minis ter must , within 30 days from the date of appointment of the m e m b e r s of the Aviation Safety Invest igat ion Board, notify Par l iament of such appoin tment and publish such appoin tment in the Gazette.
(g) The aviation experts contempla ted in paragraph (b) may inc lude— 10 (i) a person with knowledge of and exper ience in the aviation industry;
(ii) a person with knowledge of and exper ience in aviation accident and incident invest igat ions;
(iii) a person wi th a legal background; and (iv) a person with civil aviat ion acknowledged technical competencies involved in 15
organised labour from the aviat ion industry. (h) An aviation expert contempla ted in paragraph (b) receives such remunera t ion or
a l lowances as may be de te rmined by the Minis ter after consultat ion with the Minis ter of Finance.
(3) M e m b e r s appointed to the Aviation Safety Investigation Board must be persons 20 w h o —
(a) are commit ted to fairness, freedom of expression, openness and accountabi l ­ ity on the part of those entrusted with the governance of a publ ic service;
(b) when v iewed collectively be knowledgeab le of aviation transportat ion having regard to the fol lowing factors: 25 (i) Technical knowledge in matters relating to civil aviation;
(ii) special skills, professional s tanding, expert ise or exper ience in mat ters concern ing civil aviation; and
(iii) possess suitable qualifications, expert ise and exper ience in the field of aviat ion accident and incident investigation or any other relevant 30 expert ise or qualifications; and
(c) have proven knowledge in accident reconstruct ion, safety engineer ing, civil aviation safety or transportat ion regulat ions.
(4) In fixing a term of appointment or reappointment , the Minister must endeavour to ensure , to the extent that it is practical to do so, that, notwithstanding periodic changes 35 in the membersh ip of the Aviation Safety Invest igat ion Board, it remains consti tuted of persons w h o have had previous exper ience as members of the Board.
(5) Any vacancy on the Aviation Safety Investigation Board arising by virtue of the provis ions of section 16(3) or caused by the death of a member , or for any other reason must , be filled by the appoin tment by the Minister in terms of section 15(2) of another 40 person for the unexpired port ion of the period for which the vacat ing m e m b e r was appointed.
(6) The Minis ter may appoint from the list contemplated in subsection (2) (d) any el igible person to ac t—
(a) in any m e m b e r ' s stead; or 45 (b) in a temporary capaci ty in any vacancy in the Aviation Safety Investigation
Board, for such period as the Minis ter may determine. (7) The Chairperson and Deputy Chairperson are full t ime member s and are
appointed by the Minis ter for a term of five years and may on the expirat ion of such term be eligible for one further term only. 50
(8) A m e m b e r of the Aviation Safety Investigation Board is a part t ime m e m b e r and must hold office for a term not exceeding three years and is on expirat ion of such m e m b e r ' s term of office el igible for reappointment .
Disqualif ication and removal of m e m b e r s of Aviation Safety Invest igat ion B o a r d
16. (1) A person may not be appointed as a member of the Aviation Safety 55 Invest igat ion Board if he or s h e —
(a) is not permanent ly resident in the Republ ic ; (b) is a publ ic servant or the holder of any other remunera ted posit ion under the
State; (c) is a m e m b e r of Par l iament , any provincial legislature or any municipal 60
counci l ;
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(d) is an office-bearer or employee of any party, movemen t or organisation of a party-polit ical nature;
(e) or his or her family member has a direct or indirect financial interest in the aviation industry;
if) or his or her business partner or associate holds an office in or with, or is 5 employed by, any person or body, whether corporate or unincorporated, which has an interest contemplated in paragraph (e);
(g) is an unrehabil i tated insolvent; (h) has been declared by a court to be mentally ill or disordered; (i) has at any t ime been convicted, whether in the Republ ic or e lsewhere , of— 10
(i) theft, fraud, forgery or uttering a forged document , perjury, an offence in terms of the Prevent ion of Corrupt ion Act, 1958 (Act N o . 6 of 1958), the Corrupt ion Act , 1992 (Act No . 94 of 1992), Part 1 to 4,or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevent ion and Combat ing of Corrupt Activi t ies Act , 2004 (Act 15 N o . 12 of 2004) , or any other offence involving dishonesty; or
(ii) an offence under this Act ; (j) has been sentenced, after the commencemen t of the Const i tut ion of the
Republ ic of South Africa, 1993 (Act N o . 200 of 1993), to a period of impr isonment of not less than one year without the option of a fine; or 20
(k) has at any t ime been removed from an office of trust on account of misconduct .
(2) A person w h o is subject to a disqualification contemplated in subsec t ion( l ) fb) to (h) m a y be nominated for appointment as a m e m b e r of the Aviation Safety Invest igat ion Board, but may only be appointed if at the t ime of such appoin tment he or she is no 25 longer subject to that disqualification.
(3) Subject to subsect ion (4), a m e m b e r of the Aviation Safety Invest igat ion Board may be r emoved from office on account of—
(a) misconduct ; (b) inability to perform the duties of his or her office efficiently; 30 (c) absence from three consecut ive meet ings of the Aviation Safety Invest igat ion
Board wi thout the permiss ion of the Chairperson of the Aviation Safety Investigation Board , except on good cause shown;
(d) his or her failure to disclose an interest in terms of subsection (\)(e) or (f); (e) h im or her becoming disqualified as contemplated in subsection (\)(b) to (k); 35
or (f) his or her refusal to sign a per formance agreement .
(4) A m e m b e r of the Aviation Safety Investigation Board may be removed from office by the Min i s t e r—
(a) if such m e m b e r repeatedly fails to perform the duties of office efficiently; 4 0 (b) if, due to any physical or mental illness or any other cause , such member
becomes incapable of performing the functions of that office or performs them inefficiently; or
(c) for misconduct . (5) The m e m b e r vacates his or her office immediate ly if he or s h e — 45
(a) is conv ic t ed— (i) whe ther in the Republ ic or e lsewhere of murder, robbery, theft, fraud,
forgery or ut tering a forged document , perjury or any offence involving dishonesty; or
(ii) of any offence in terms of the Prevent ion and Comba t ing of Corrupt 50 Activi t ies Act , 2004 (Act No. 12 of 2004) , the Compan ies Act, 1973 (Act N o . 61 of 1973), Prevent ion of Organised Cr ime Act, 1998 (Act No . 121 of 1998), the Public Finance Managemen t Act or of contravening this Act ;
(b) is convicted of an offence during his or her term of office and sentenced to a 55 period of impr i sonment without the option of a fine; or
(c) becomes a political office bearer.
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Per formance m a n a g e m e n t sys tem
17. (1) The Minis ter mus t establish a per formance management sys tem to moni tor and evaluate the performance of the member s of the Aviation Safety Investigation Board .
(2) T h e performance managemen t sys tem m u s t — 5 (a) set appropria te key performance indicators as a yardstick for measur ing
performance; (b) set measurable per formance targets; and (c) set a procedure to measure and review performance at least once a year.
(3) As soon as is pract icable after the appointment of the members of the Aviation 10 Safety Investigation Board a performance agreement mus t be concluded between the m e m b e r s of the Aviation Safety Invest igat ion Board and the Minister.
(4) T h e evaluat ion of the performance of the members of the Aviation Safety Invest igat ion Board must be conducted by a panel consti tuted by the Minister.
(5) The panel contempla ted in subsection (4) must, after an evaluat ion of the members 15 of the Aviation Safety Investigation Board, submit a report to the Minister for considerat ion.
(6) T h e Minis ter must cause copies of the report submit ted to h im or her in terms of subsect ion (5) to be tabled in Parl iament within 14 days of receipt of that report , or, if Par l iament is not then in session, within 14 days after commencemen t of its next ensuing 20 session.
R e m u n e r a t i o n , fees a n d expenses of m e m b e r s of Aviat ion Safety Invest igat ion B o a r d
18. (1) T h e Chairperson and other appointed member s of the Aviation Safety Invest igat ion Board mus t be paid the remunera t ion and other a l lowances that are 25 de termined by the Minster as de termined in consultat ion with the Minis ter of Finance.
(2) T h e member s and the staff of the Aviation Safety Investigation Board are entitled to be paid reasonable travel and l iving expenses incurred by them in the course of their dut ies as may be prescr ibed by rule from t ime to t ime.
Duties of Cha irperson 30
19. The Chairperson of the Aviation Safety Invest igat ion Board has exclusive responsibil i ty for manag ing personnel mat ters , financial mat ters , property matters and for all o ther aspects of the internal managemen t of the Aviation Safety Invest igat ion Board, inc lud ing—
(a) direct ing the staff and apport ioning the work of the Aviation Safety 35 Investigation Board;
(b) direct ing the members and apport ioning their work, subject to section 25 ; and (c) convening meet ings in accordance with section 21 and presiding at meet ings
in accordance with any rules m a d e under section 31(3) .
Chairperson m a y delegate powers a n d duties 40
20 . (1) Subject to any l imitations specified in the ins t rument of delegat ion the Chai rperson m a y —
(a) delegate to any m e m b e r any power or duty of the Chairperson relating t o — (i) convening or presiding at mee t ings ; or
(ii) direct ing the member s or apport ioning their work; and 45 (b) delegate to the staff of the Aviation Safety Investigation Board any power or
duty of the Chairperson under this Act , except the matters described in paragraph (a).
(2) A delegat ion under subsection 1(a) may be revoked in wri t ing at any t ime by the Chai rperson . 50
Meet ings and q u o r u m of Aviation Safety Invest igat ion B o a r d
2 1 . (1) The Aviation Safety Investigation Board must mee t not less than 12 t imes a year.
(2) The Chairperson convenes meet ings of the Aviation Safety Invest igat ion Board whenever the work of the Aviation Safety Investigation Board so requires or whenever 55
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the Chairperson is requested in wri t ing to do so by two or more other member s of the Aviation Safety Investigation Board .
(3) In the event of the absence or incapaci ty of the Chairperson, or if the office of Chairperson is vacant, a m e m b e r designated by the Minis ter acts as Chairperson dur ing the cont inuance of that absence or incapacity or until a new Chairperson is designated. 5
(4) Three member s of the Aviat ion Safety Investigation Board forms a quorum.
Expendi ture in connect ion wi th execut ion of funct ions a n d objects of Aviation Safety Invest igat ion Board
22. The expendi ture in connect ion with the execut ion of the functions of the Aviation Safety Investigation Board mus t be paid out of money appropriated by Par l iament for 10 such purpose.
Publ ic F inance M a n a g e m e n t Ac t b inds Aviat ion Safety Invest igat ion Board
23. The Aviation Safety Invest igat ion Board must comply with the provis ions of the Public F inance M a n a g e m e n t Act .
Conflict of interest 15
24. (1) A member of the Aviation Safety Invest igat ion Board may not, directly or indirectly, as owner, shareholder, director, officer, par tner or o the rwise—
(a) be engaged in an aviat ion under taking or business; or (b) have an interest in an aviat ion under taking or business or an interest, financial
or otherwise , in the manufacture or distr ibution of aviat ion plant or 20 equipment , except where the distr ibution is merely incidental to the general merchandis ing of goods .
(2) Any m e m b e r of the Aviation Safety Invest igat ion Board or any m e m b e r of the staff or accredited representat ives, experts and advisers of the Aviation Safety Investigation Board or his or her spouse, immedia te family member , life partner or business associate, 25 may not hold any direct or indirect financial interest in any civil aviation activity or the civil aviation industry without prior approval of the Minister, which approval is open to inspection by the publ ic at the office of the Aviation Safety Invest igat ion Board dur ing business hours .
(3) W h e r e any interest referred to in subsect ion (1) vests in a member for the benefit 30 of the m e m b e r by way of gift, will , and succession or otherwise , the interest must , within three months after the vesting, be d isposed of by that member .
(4) Dur ing the term of office of a member , in addit ion to the prohibit ions descr ibed in this section, the m e m b e r of the Aviation Safety Investigation Board mus t not carry on any activity inconsistent with the performance of the m e m b e r ' s duties under this Act. 35
Duties of m e m b e r s of Aviat ion Safety Invest igat ion B o a r d
25. (1) The member s of the Aviation Safety Invest igat ion Board, at meet ings convened in accordance with section 2 1 , m u s t —
(a) make rules regarding the conduct of business at meet ings of the Aviation Safety Invest igat ion Board ; 4 0
(b) establish policies with regard to the classes of aircraft accidents and aircraft incidents to be invest igated;
(c) establish, either general ly or in relation to specific classes of aircraft accidents and aircraft incidents, policies to be fol lowed in the conduct of invest igat ions:
(d) review reports submit ted to them by the Director of Invest igat ions ment ioned 45 in section 26(1) and, after such review, may require the Director of In­ vest igat ions to conduct further invest igat ion with respect to any aspect of an aircraft accident or aircraft incident;
(e) de termine the Aviation Safety Invest igat ion Board ' s findings as to the causes and contr ibut ing factors of aircraft accidents or aircraft incidents; 50
(f) identify any safety deficiencies as evidenced by aircraft accidents or aircraft incidents; and
(g) m a k e such recommenda t ions as they consider appropriate .
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(2) The Aviation Safety Invest igat ion Board must m a k e available to the publ ic any policies establ ished pursuant to subsection (\)(b) or (c).
(3) The Aviation Safety Investigation Board must within the t ime required by the Public Finance M a n a g e m e n t Ac t submit to the Minis ter an annual report pertaining to the financial state of affairs of the Aviation Safety Investigation Board as at the end of the 5 immediately preceding financial year, consist ing of—
(a) a balance sheet, an income statement and a cash-flow sta tement which is a true and correct reflection of the state of affairs of the Aviation Safety Invest igat ion Board as at the end of that financial year;
(b) a report by the Aviation Safety Investigation Board in accordance with 10 subsect ion (4);
(c) a report by the auditor of the Aviation Safety Invest igat ion Board in accordance with subsection (5); and
(d) any other s ta tement or report which the Minis ter or the Minister of F inance may require . 15
(4) The report of the Aviation Safety Investigation Board referred to in subsection (?