Aviation Laws Amendment Act, 1996

1 Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments. ACT To amend the Aviation Act, 1962, so as to· further define or to substitute certain expressions; to make further provision in respect of the appointment of inspectors and authorized persons; to make other provision in respect of the power to make regulations; to substitute an obsolete reference; to empower the Commissioner for Civil Aviation to issue technical standards for civil aviation; and to effect certain amendments to the Convention on International Civil Aviation; to amend the Civil Aviation Olfences''Act, 1972, so as to further define a certain expression; to amend the Air Services Licensing Act, 1990, so as to further define certain expressions; to dispense with the power to issue operating certificates in terms of the said Act; and to restrict the power to make regulations; to amend the Airports Company Act, 1993, so as to further define a certain expression; and to substitute an obsolete r;eference; to amend the Air Traffic and Navigation Services Company Act, 1993, so as to further define or to"delete certain"expressionS; and to substitute an obsolete reference; and to amend the International Air Services Act, 1993, so as to further define certain expressions; and to dispense with the power to issue operating certificates in terms of the said Act; and to provide for matters connected therewith. (Afrilaums text signed by the President.) (Assented to 12 November 1996.) BE IT ENACTED by the Parliament of the Republic of South Africa. as follows:- Amendment of section 1 of Act 74 of 1962, as amended by section 3 of Act 12 of 1965, section 1 of Act 83 of 1969, section 1 of Act 63 of 1981, section 1 of Act 4 of 1982, section 33 of Act 115 of 1990, section 1 of Act 16 of 1992 and section 19 of Act 5 44 of1993

1. Section 1 of the Aviation Act, 1962, is hereby amended-. (a) by the insertion after the' definition of "accident" of ihe following definition: "•aerodrome' means an demarcated area on land or water or an building. which is used or intended to be used, either wholly or in part, for . j'o the ariival or deprutuie' of aircraft~ and indlldes any building, installation or equipment within such area which is used or intended to be used in connection with the arrival, departure or movement of aircraft;~.~; (b) by the deletion of the definition of "airport"; (c) by the insertion after the definition "authorized officer" of the following 15 definition: 4 No. 17608. Act No. 98, 1996 GOVERNMENTGAZETIE, 27 NOVEMBER 1996 AVIATION LAWS AMENDMENT ACT, 1996 " 'authorized person' means an authorized person designated in teims of section 5(4)(a);"; . . (d) by the insertion after· the definition of "South African aircraft" of the . . following definition: · " 'technical standard', in relation to civil aviation, means an standard, 5 including any rule, requirement, method, specification, characteristic or procedure, issued by the Commissioner in accordance with the provi sions of section 22A(l) in respect of civil aircraft or aircraft components, persons engaged in any civil aviation activity and civil aviation related serVices,: facilities or equipment;"; and 10 (e) by the addition of the following subsection, the existing section becoming subsection (1): ''(2) The definition of 'aerodrome' in subsection (1) shall not derogate from the ordinary meaning of the word 'airport'.". Amendment of section 5 of Act 74 of 1962; as inserted by section 2 of Act 16 of 1992 15

2. Section ~ of the Aviation Act, 1962, is hereby amended by the substitution for paragraph (a) of subsection (4) of the followingparagraph: "(a) designate one or more- ill officers jn the ·service of. the department as inspectors or authorized officers; and _ 20 @ persons ·Wi10 are not in the service of the department as inspectors or . authorized persons;. _ . _ . . . , . . . . _ whose qualifications, powers and duties _shall, subject to the· provisions of sectfon 4(2) and (3). be 'asorescribed: and". Ai:tiendinent of section 19 of Act .74 (}f 1962, as amended by seCtion 33 of Act 115 or 25 i990 and section 4 of Ad 16 of 1992 .

3. Section 19 ·of the Aviation Act, 1962, is hereby 'amended- · . (a) by the deletion in subsection (3) of the expression "iii the case ot'an air carrier as defined in section 1 of the International Air Services Aet: 1949 (Act No: 51 of 1949), or''; and . . . 30 (b) by the insertion after the expression "Air Services Licensing Act; 1990'' in the said subsection (3) of the expression ", or in section 1· of the International Air · Services Act: 1993 (Act No. 60 of 1993)" · · · ·· Amendment ofsection 22 of Act 74 of 1962, as amended by section 5 of Act 12 of 1965, section 3 of Act 83 of 1969, section 25 of Act 62 of 1973, section 7 of ACt 4 of 35 1982, section 2 of Act 1 of 1984, section 5 or Act 16 or 1992, section 25 of Act 44 of 1993, section 17 of Act 45 of 1993 and section 11 or Act 16 of 1995

4. Section 22 of the Aviation Act,. 1962, is hereby amended ( a) ~~~==~~~==~~~~~~~~~~-=----~40 (a) subject to section 3(1)(a), the carrying out of, or the giving effect to, the (b) (c) (d) provisions of the Convention and the Transit Agreement;, the powers or the duties of the Commissioner, including the issue, the amendment or the withdrawal of technical standards for civil aviation, and the determination of the matters in respect of which such standards 45 rriay be issued; the qualifications, the powers or the duties of authorized officers, inspectors and authorized persons; the designation of medical exruruners for the purposes of this· Act, including- (i) _ the m'anner in which, and the person . by whom, such designation 50 . . . ' may' take place; . ' ' .. 6 No. 17608 Act No. 98, 1996 GOVERNMENT GAZETTE, 27 NOVEMBER 1996 AVIATION LAWS AMENDMENTACf, 1996 . (e) (f) (g) (ii) · the suspension or the withdrawal of such designation; (iii) the conditions, the. requirements or the qualifications for such v designation; and · the certificates issued by the sa1d examiners and the conditions or the requirements for such issue; . . . . • (iv) · · . the designation of a body or institution for the purposes of this Act (i) · · .. persons performing such examinations or tests; to exercise control over medical examinations or tests and over the . (ii) to determine standards for such examinations or tests and for the · training of such persons; ·s 10 (iii) . to issue, to amend, to suspend or to withdraw medical certificates and to keep all books or documents regarding such examinations or tests; and to advise the Commissioner on any matter: connected with such examinations, tests or persons andon~the ~ajrung of the persons 15 specified in the regulations in first aid;· (iv) (ii) the designation of a body or institution for the purposes of this Act- (i) _·to · exercise control _over the, _tniining courses specified in the regulations, over t,he tests or the -verifications of skill or proficiency specified in the regulations, and over the persons conducting such 20 courses, tests or verifications; to determine standards for such courses, tests or verifications and · . for the training of. such persons; to issue or to confirm certificates for the successful completion of such courses; tests or verifications; to suspend or to'withdiaw such 25 . certificates, and to keep all books or documents regarding such courses, tesis or verifications; and to advise the Commissioner on any matter connected with such courses, tests, verifications or persons; . . (iv) (iii) the designation of a l:lody or institution for the 'p\uposes of this Act (i) · to exercise control over the.aviatio'n recreational activities specified · · ·· · · in the regulations; to. determine standards. for the airworthiness or the operation of ''ilicraft engaged in such activities; and . . to advise the. Commissioner ·on any matter connected w'ith the 35 . . .. ~ . "(ii) (iii) • . •. : · 30 · airworthiness or the operation of aircraft engaged in such activities and on the licensing of persons involved in such activities;· · ' (h) the designation of a body or institution for the purposes of this Act- (i) to promote aviation safety or to reduce the risk of aircraft accidents · or incidents; ·and to advise' the Comrillssioner on any· matter connected with the (ii) · · · · · promotion of aviation,:safety or the reduction of the risk of aircraft · accidents or incidents; · . . ' -- ' ; · · · · ·· . · · · (i)" :'subject 'to ·section 12, the reporting or the investigation of aircraft · · ·accidents or incidents, inchiding....:..:: · : ·.- _ · · . . · · 40 45 the persons by whom or to whom such accidents or incidents shall ~ ·· . · · ' ' .. . · · (i) : ,, . be reported;· (ii) the procedure to be followed in reporting such. a¢ciderits or incidents or in investigating such accidents or incidents;.,., (iii} . the imposition of a prohibition; p~nding investigation, 'of access to 50 or interference with any aircraft'iiivolved in an accident or incident and the granting of authorization to one or more persons, in so far as it m.ay be necessary. for tile purposes of the investigation, to have access to such aircraft, to examine or to remove such aircraft, to take steps for the preservation thereof or to. deal otherwis~ therewith; and 55 8 No. 17608 Act No. 98, 1996 GOVERNMENT GAZETIE, 27 NOVEMBER 1996 AVIATION LAWS AMENDMENT ACT, 1996 (iv) the investigation of any other accident or incident reported in respect of the provision of any air traffic service;· lj) the exercising of control over the conveyance in aircraft of dangerous goods specified or defined in the regulations, including'-- (i) · the imposition of a prohibition of the conveyance of such goods; 5 (ii) and the issue of licences or certificates to persons specified in the regulations and engaged in the consigning or acceptance of such . goods; . (k) the requirements to be complied with or the steps to be taken in I 0 connection with the conveyance in aircraft of any animal as defined in section 1 of the Animals Protection Act, 1962 (Act No. 71 of 1962), or any fish as defined in section 1 of the Sea Fishery Act, 1988 (Act No. 12 of 1988); (I) . the delimitation, the designa~ion or the restriction of airspace, includ- 15 · ing-'- (i) · ·:. (ii) (iii) ·•. c (iv) the designation of airspace for the purposes specified in the regulations; the restriction or the prohibition of aircraft from flying within any airspace specified in the regulations; the conditions under which, the airspace within which or the ·aerodromes at which' aircraft coming from any place outside the Republic shall land and the conditions under which, the airspace within which or the aerodromes from which aircraft shall depart to any place outside the Republic; and . the provision of measures to prevent aircraft from flying within any airspace in contravention of any such restriction or prohibition or from· entering or leaving the Republic in contravention of any provision of this Act; . . · 20 25 ' . . · · (m) the provision of general operating rules, flight rules and air traffic rules in 30 · • • respect of civil aviation, including- (i) · the terminology, including definitions, abbreviations and units of measurement, to be used; ' · (ii) . the identification, the classification or the registration of aircraft; · (iii) the identification, the licensing or the certification of persons 35 ·. ·: · ·' · engaged in any civil aviation activity; (iv) the prevention of nuisances arising from air navigation, aircraft .. factories, aerodromes or other aircraft establishments; including the . prevention of nuisance due to noise or vibration originating from the operation of machinery in aircraft on or above aerodromes, 40 whether by the installation in alrcrilft or on aerodromes of means for ···the prevention of such noise or vibration or otherwise; · . (v) (vi) the approval or, where appropriate, the design of let-down and missed approach procedures; the safety or the security of 'persons and property, including the 45 conditions under which any aircraft shall be operated, the condi- ' • tions under Which any act may be performed in or frolll an aircraft · · and the maximum hours of duty of flight crew, cabin crew or air · traffic service personnel for the purposes of aviation safety; (vii) ··the order in which· rurcraft may be requisitioned and flight crew may 50 be called our under· section ·17(1}, the carrying out or the co-ordination of any air search and rescue operations and the rate at ·.which compensation is to be paid by the State in respect of any such ·requisitioning or calling out; the signals or other communications which may or shall be 55 conveyed by or to any aircraft,· or any person therein, and the acknowledgement- of, or the compliance . with, such signals or · ~. communications; ,· (viii) (ix) · the co-ordination· of frequency allocations in bands of the radio · spectrum allocated for civil aviation use; 60 (x) ' the determination of standards for the maintenance of any air navigation infrastructUre; and 10 No. 17608 GOVERNMENT GAZETTE, 27 NOVEMBER 1996 Act No. 98, 1996 AVIATION LAWS AMENDMENT ACf, 1996 (n) the flight calibration of any such air navigation infrastructure; (xi) the use, the licensing, the inspection or the management of aerodromes, including- (i) the prevention of interference with aerodromes and other civil aviation related facilities; • the imposition of a prohibition or the regulation of the use of unlicensed aerodromes;· · . ' .•. (ii) (iii) · the approval for the siting of any air navigation infrastructure which is not situate on an aerodrome; the certification of categories of operations at aerodromes; . (iv) 5 10 (vi) (v). the access to aerodromes or. other places where aircraft have landed or the access to civil· aircraft factories for the purposes of the inspection of the work carried on therein; . the imposition of a prohibition or the regulation of the erection or the coming into existence of any obstruction exceeding the height 15 specified in the regulations within the distance so specified from any aerodrome; the lighting. and marking of obstructions which are situate at any aerodrome or within the distance specified in the regulations from any aerodrome; or which exceed the height so specified, or which, 20 according to·criteria so speCified, constitute a danger to aircraft; . the imposition of a prohibition of; or the exercising of control over, .. . · · (vii) (viii) .. : lights at or in the neighbourhood of any aerodrome;· (ix) (x) the registers or the records to be kept at licensed aerodromes and the inanner in which they shall be kept; and the technical, operational, security and safety standards in respect of a company airport as defined in section 1 of the Airports Company Act, 1993 (Act No. 44 of 1993); . · · · 25 ( o) the provision or the organization of air traffic or navigation services, aviation meteorological, security or communication services and any 30 other civil aviation related services, including the licensing or the certification of aircraft design, manufacturing or maintenance organiza tions and aviation training organizations and the designation of aviation .. meteorological organizations;· ··: .· · '· (p) the determination of standards or specifications in respect of civil aircraft 35 or aircraft components, persons engaged in any civil aviation activity and civil aviation related services, facilities or equipment, including- (i) for the purposes of ensuring the safe· operatimi. of aircraft, the . imposition of a prohibition or the regulation of the use in aircraft or aero engines of parts, instruments, accessories or other materials 40 which do not conforni. to the specifications or standards of quality or manufacture specified in the regulations; ·; the requirements relating to· the airworthiness, the design,. the performance, the operation or the maintenance of aircraft, aircraft components or aircraft • equipment and the specifications for 45 materials used, or the standards or the processes which shall be .. applied, in the construction ofaircraft, aircraft components or aircraft equipment; and the determination of standards for. the training, the grading, the licensing oL the certification of persons. engaged in any such 50 activity; · ., : · · · · (ii) ·.• ·(iii) ( q) . the manlier in which,- or the conditions under which, any licence or certificate required by or under this Act, the Convention or the Transit Agreement shall be issued, renewed or confirmed, including- (i) ·the courses, the· examinations, the inspections, the tests or the 55 verifications which shall be passed or measured up to; and · the· form, the custody, the production, the cancellation, the suspension, the endorsement or the surrender of any such licence or · certificate; · (ii) the publication of aeronautical information;• 60 (r) : . 12 · . No. 17608 GOVERNMENT GAZETIE, 27 NOVEMBER 1996 Act No. 98, 1996 AVIATION LAWS AMENDMENT ACf, 1996 (s) (t) (u) (v) the manuals, the registers, the records or the other documents to be kept for the purposes of this Act, the Convention or the Transit Agreement and the manner in which they shall be kept; subject to subsection (3), the fees to be paid in respect of the matters specified in the regulations; the exemption from any of the provisions of this Act, the Convention or the Transit Agreement of any aircraft operated for experimental purposes, of any other aircraft or of any person in the circumstances or under the conditions specified in the regulations; in general, any matter which the Minister may consider necessary or 10 expedient to prescribe in order that the objects of this· Act may be achieved, and the generality of this paragraph shall not be limited by the preceding paragraphs."; and .. . 5 · (b) by the deletion of subsection (2); · · ·. . . Substitution of section 22A of Act 74 of 1962, as inserted by section 3 of Act 1 of IS 1984 and amended by section 6 ofAct 16 of 1992 l/. , '1962:

5. The following section is hereby substituted for section 22A of the Aviation Act, ' ' "Technical standards for civil aviation ·. a The Commissioner rna issue technical standards for civil 20 aviation on such matters as may be prescribed by regulation. (b) The mannerin which any technical standard for civil aviation shall be issued, amended or withdrawn, and the procedure to be followed in respect of any such issue, amendment· or withdrawal, shall be as prescribed by regulation. (2) Any person who contravenes or fails to comply with a provision of a . technical standard shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment . . 25 (3) The Commissioner may incorporate into a technical standard any 30 international aviation standard or any amendment thereof, without stating the text of such standard or amendment, by mere reference to the title, number and year of issue of such standard or amendment or to any other r . particulars by which such standard or amendment is sufficiently identified. (4) An officer in the department designated by the Commissioner for that 35 ·. ·i <'.··purpose shall keep in his office 'a copy of the complete text of each international aviation standard or each amendment thereof which has been incorporated into any technical standard in accordance with subsection (3), and shall at the request in writing of any interested person make such copy available free of charge to such person for inspection or for making a copy 40 thereof, at such person's expense, at a place approved by the said officer. (5) Whenever in any judicial proceedings the question arises whether any . writing contains the text of any international aviation standard or any amendment thereof· which has been incorporated into any technical · standard in accordance with subsection (3), any document purporting to be 45 a statement by a person who in that statement alleges that he is an officer in • · the department and that a particular writing described in or attached to the statement contains the said text shall, on its mere production at those proceedings by any person, be prima facie proof of the facts stated therein. (6) For the purposes of this section, 'international aviation standard' 50 means any international standard or recommended practice or procedure adopted by the International Civil Aviation Organization for the purposes of Article 37 of the Convention." .. · . -' . . ' - . ..; , \ ' 14 No. 17608 GOVERNMENT GAZETTE, 27 NOVEMBER 1996 Act No. 98, 1996' AVIATION LAWS AMENDMENT ACT, 1996 Substitution of word "airport" and word "~irports" in Act 74 of 1962 ;, · 6.1be Aviation Act, 1962, is hereby amended by the substitution for the word "airport" and the word "airports", wherever they appear, of the word "aerodrome" and . the word "aerodromes", respectively. · . Amendment of First Schedule to Act 74 of1962; as amended by Proclamation 33 of 5 1986, Proclamation 204 of 1973 and Proclamation 194 of 1980

7. The First Schedule to the Aviation Act, 1962, is hereby amended-'- . (a); by the substitution in Article 56 for the words "twelve members" of the words "nineteen members"; · · (b)· by the insertion after Article 83 of the following Article: 10 "Article 83bis Transfer of certain functions and duties . a Notwithstandin the rovisions of Articles 12 30, 31 and 32 a when an aircraft registered in a contracting State is operated pursuant to an 15 agreement for the lease, charter or interchange of the aircraft or any similar arrangement by an operator who has his principal place of business or, if he has no such place of business, his· permanent residence in another contracting State, the State of registry may, by agreement with such other State, transfer to it all or part of its functions and duties as State of registry 20 in respect of that aircraft under Articles 12, 30,31 and 32(a).-The State of registry shall be relieved of responsibility in respect of the functions and duties transferred. · (b) The transfer shall not have effect in respect of other contracting States before either the agreement between States in which it is embodied has 25 been registered with the Council and made public pursuant to Article 83 or the existence and scope of the agreement have been directly communicated . to the authorities of the other contracting State or States concerned by a State party to the agreement. (c) The provisions of paragraphs (a) and (b) above shall also be 30 applicable to cases covered by Article 77."; and ' (c) by the insertion after Article 93 of the following Article: '• .. ! ! :., "Article 93bis · '' ~ Termination or suspension of membership a Notwithstandin the rovisions of Articles 91, 92 and 93 above: (I) A State whose government the General Assembly of the United Nations has recommended be debarred from membership in · ' ·international agencies established by or brought 'into relation 35 '"' · · ship-with the United Nations shall automatically cease to be a 40 'member of the International Civil Aviation Organization; . (2) A State which has been expelled from membership in the United Nations shall automatically cease to be a member of the · International Civil Aviation Organization unless the General ,:; Assembly of the United Nations attaches to its act of expulsion 45 a recommendation to the contrary. ' . . '(b) A State which ceases to be a member of the International Civil · Aviation Organization as a result of the provisions of paragraph (a) above may, after approval by the General Assembly of the United Nations, be readmitted to the International Civil Aviation Organiczation upon applica- 50 tion and upon approval by a majority of the Council. . . ·~.~ ',, ' . ., ,, I 16 No. 17608 GOVERNMENT GAZETTE, 27 NOVEMBER 1996 Act No. 98,.1996 AVIATION LAWS AMENDMENT ACT, 1996 .. · (c) Members of the Organization which are suspended from the exercise I of the rights and privileges of membership in the United Nations shall, upon the request of the latter, be suspended from the rights and privileges of · membership in this Organization.". Amendment of section 1 of Act 10 of 1972, as amended by section 1 of Act 63 of 5 1978, section 1 of Act 4 of 1981 and section 27 of Act 44 of 1993

8. Section 1 of the Civil Aviation Offences Act, 1972, is hereby amended by the substitution in subsection (1) for the definition of "airport" of the following definition: · " 'airport' means· an [airport] aerodrome as defined in section 1 of the ' Aviation Act, 1962 (Act No. 74 of 1962);". 10 Amendment of section 1 of Act 115 of 1990, :is amended by section 1 of Act 15 of 1992 and section 1 of Act 83 of 1995

9. Section 1 of the Air Services Licensing Act, 1990; is hereby amended- ( a). by the substitution for paragraph (e) of the definition of "air service" of the following paragraph: · · · · 15 the artici ation in an air race, navi ation rail or other aviation · sporting event of an ·aircraft· which· is sponsored, if the sole advertisement by such aircraft consists of the display of the name or logo of, or any other reference to, the sponsor in question;"; (b) by the insertion after the definition of "authorized officer'·: of the following 20 . ·definition: " 'authorized person' means an authorized person as defined in section 1 of the Aviation Act, 1962;"; and (c) by the deletion of the definition of "operating certificate". . • • I • . Amendment of section 19 of Act 115 of 1990, as amended by section 8 of Act 83 of 25 :1995 . ·, 10. Section 19 of the Air Services Licensing Act, 1990, is hereby amended by the sulistitution for paragraph (b) of the· following paragraph: · "(b) on condition that the licensee shall not commence or [subject to the ' '. ' ·, provisions of section 22(7)] continue with an air service unless he is in 30 possession of a valid operating certificate issued under the Aviation Act, 1962 (Act No. 74 of 1962);" .. , · · · · Repeal of sections 22 and 23 of Act 115 of 1990

11. Sections 22 and 23 of the Air Services Licensing Act, 1990, are hereby repealed .. . Amendment of section 24 of Aci 115 of 1990, as substituted by section 11 of Act 83 35 of1995 :. · · ·12. Section 24 of the Air Services Licensing Act,' 1990, is hereby amended ( a) by the deletion of paragraph (a) of subsection (1); and (b) by the substitution for paragraph (c) of the said subsection (1) of the following paragraph: 40 •· "(c) keep his; her or its licence [and operating certificate] in a safe place, and produce such licence [and operating certificate] to an authorized officer, [or] inspector or authorized person for inspection if so requested by such officer, [or] inspector or person; and". . ' ' i ·, 18 No. 17608 Act No. 98, 1~6 GOVERNMENTGAZE~27NOVEMBER1~6 AVIATION LAWS AMENDMENT ACf,1996. Amendment of section 25 of Act 115 of 1990, as amended by section 12 of Act 83 or 1995 . ·" ./ . i

13. Section 25 of the Air Services Licensing Act, 1990, is hereby amended- . ;• ( a) by the substitution for paragraph (a) of subsection (I) of the following paragraph: . . "(a) by the refusal of the council [or tbe Commissioner for Civil Aviation] to issue to him a licence [or an operating certificate, as the case may be];"; . . . . .. · , . . . . ·(b) by the deletion of paragraph (c) of the said subsection (1); (c) by the substitution for subsection (2) of the following subsection:. . "(2) The court referred to in subsection (1) may- . . . · (a)· confirm, vary or set aside the refusal or decision of the council [or Commissioner for Civil Aviation, as the case may be]; . . (b) give such other decision as the council [or the Commissioner for 5 10 . • . . (c) Civil Aviation, as the case may be, was] would have been able to 15 give; or remit the case to the counciL [or the Commissioner for Civil Aviation, 'as the case may be] with such instructions as that court .may deem fit."; and : .. . · (d) by the substitution for subsection (4) of the following subsection: 20 "(4) A decision given [in terms of] mider subsection (2) ~hall, for the purposes of this Act, be deemed to be a decision of the council [or the Commissioner for Civil Aviation, as the cruie may be].". Amendment or section 26 of Act 115 of 1990, as amended by section 13 or Act 83 of 1995 . 25

14. Section 26 of the Air Services Licensing Act.' 1990, is hereby amended- ( a) by the. substitution for paragraph (e) of subsection (1) of the following paragraph: "(e) falsifies, counterfeits, alters; defaces or mutilates, or adds anything to, a , licence [operating certificate] or other docmnent issued under this Act, 30 or is in'possession of a licence [operating certificate] or other document which has been thus· falsified, counterfeited, altered, defaced or mutilated, or to which an addition has been made;"; . . · . (b) by the substitution for paragraph (f) of the said subsecti()n (I) of the following . · paragraph: ., . . "(f) uses a licence [operating certificateJ.or other document. issued under . , . .. , , . · this Act of which be, she or it is not the holder;"; and, (c) by the. substitution for paragraph if A) of the said subsectimi (1) of the 35 following paragraph: · "ifA) permits a licence. [operating certificate]. or, other document issued 40 under this Act of which he, she or it is the holder to be used by any other · · · · · · person;".. · Amendment of section 27 of Act 115 of 1990 ·- .

15. Section 27 of the Air Services Licensing Act, 1990, is hereby amended:- .. • . l ' (a) by the substitution for paragraph (d) of the following paragraph: 45 "(d) a certificate issued by the chairman of the council [or the Commissioner for. Civil Aviation] stating that a licence [or operating certificate, as the case may be] bas not been granted or issued to a specified person shall, upon the mere production thereof, be accepted as prima facie proof of the facts mentioned therein;"; and 50 (b), by the deletion of paragraph (g). 20 · • No. 17608 GOVERNMENT GAZETIE, 27 NOVEMBER 1996 Act No. 98, 1996 AVIATION LAWS AMENDMENT ACf, 1996 c Amendment of section 29 of Act 115 of 1990, as amended by section 16 of Act 204 of 1993 and section 14 of Act 83 of 1995

16. Section 29 of the Air Services Licensing Act, 1990, is hereby amended by the deletion of paragraphs (e) and (i) of subsection (1). Amendment of section 1 of Act 44 of 1993 . l ~ 5

17. Section 1 of the Airports Company Act, 1993, is hereby amended by the substitution for the definition of "airport" of the following definition: " 'airport' means an [airport] aerodrome as defined in section 1 of the Aviation ·Act, 1962· (Act No. 74 of 1962), and includes an aerodrome transferred in terms of section 6(l)(a) of this Act;"; 10 Amendment of section 5 of Act 44 of 1993 ·':

18. Section 5 of the Airports Company Act, 1993, is hereby amended by the substitution for paragraph (a) of subsection (2) of the following paragraph: "(a). not have any financial interest, [direct or indirect] either directly or indirectly, in the provision of any air service as defined in section I of 15 the Air Services Licensing Act, 1990 (Act No. 115 of 1990), or of any · · international air service as defined in section 1 of the International Air Services Act, [1949 (Act No. 51 of 194~)] 1993 (Act No. 60 ofl993);". • • • i ~ ! Amendment of section 1 of Act 45 of 1993

19. Section 1 of the Air Traffic and Navigation Services Company Act, 1993, is hereby · 20 amended- ·.·.· (a) by the insertion before the definition of "air navigation infrastructure" of the · following definition: · " 'aerodrome' means an aerodrome as defined in section 1 of the Aviation Act, 1962 (Act No. 74 of 1962);";: 25 (b)· by the substitution for the definition of "air navigation infrastructure" of the ·. following definition: · ... ".'air navigation infrastructure' means infrastructure, including [landing and] air navigation aids and air traffic control systems, provided for the promotion of the safe, orderly and expeditious movement of air traffic, · 30 · and, where applicable, any building or structure on or to which such infrastructure or part thereof is housed or attached, and includes the premises on which such infrastructure or part thereof is situated, whether ' such building, structure or. premises are situated within the boundaries of an [airport] aerodrome or not;''; · · · :.' · · 35 (c) by the deletion of the definition of "airport"; · (d) ' by the substitution for the definition of "air traffic serVice'~ of the following -· definition: · · · · " 'air traffic service' means an [airport] aerodrome control service, an · approach control service, an area control service, a flight information 40 service, an air traffic advisory service, an alerting service or !!!!Y other. service designated by the Commissioner as defined in section 1 of the Aviation Act, 1962 [(Act No. 74 ofl962));','; and:c< (e) by the substitution for the definition of "air traffic service charge" of the following definition: . · " 'air traffic service charge' means an amount levied by the company on ' an operator of an aircraft or an [airport] aerodrome in·connection with · . the use of any air navigation infrastructure by, or the provision of [an] !!!!Yair traffic service to, such operator;". · · . 45 22 No. 17608 Act No. 98,1996 GOVERNMENT GAZETTE. 27 NOVEMBER 1996 AVIATION LAWS AMENDMENT ACf, 1996 , Amendment of section 5 ofAct 45 of 1993

20. SectionS of the Air Traffic and Navigation Services Company Act, 1993, is hereby amended by the substitution for paragraph (a) of subsection (2) ·of the following paragraph:· "(a) not have any financial interest, [direct or indirect] either directly or 5 indirectly, in the provision of any air service as defined in section 1 of the Air Services Licensing Act, 1990 (Act No. 115 of 1990), or of any international air service as defined in section l of the International Air Services Act: rt949 (Act No. 51 of 1949)].1993 (Act No. 60 of 1993);". Amendment of section 1 of Act 60 of 1993, as amended by section 1 of Act 10 of 1996 10

21. Section 1 of the International Air Services Act, 1993, is hereby amended- ( a) by the substitution in paragraph (a) of the definition of "airport'' for the words preceding subparagraph (i) of the following words: "an [airport] aerodrome as defined in section 1 of the AyiationAct, 1962 · (Act No. 74 of 1962), which is situated iil the Republic and which-."; 15 (b) by the insertion after the definition of "authorized officer" of the following definition: , ; > : . •• 'authorized person' means an authorized person as defined in section I of the Aviation Act, 1962;"; and (c)_. by the del~~ion of the definition of "operatirig certificate". 20 Amendment of section 20 of Act 60 of 1993

22. Section 20 of the International Air Services Act, 1993, is hereby amended by the substitution for paragraph (b) of subsection (1) of the following paragraph: · · "(b) the licensee shall not commence or [subject to the provisions of section 32(2)1 continue with an international air service unless he is in possession of 25 a valid operating certificate issued under the Aviation Act, 1962 (Act No. 74 of 1962);". Amendment of section 22 of Act 60 of 1993, as amended by section 6 of Act 10 of 1996

23. Section 22 of the International, Air Services Act, 1993, is hereby amended- . 30 (a) by the deletion of paragraph (a) of subsection (1 ); arid · . (b) by the substitution for paragraph (c) ofthe said subsection (1) of the following . ; paragraph: "(c) keep his, her or its licence [and operating certificate] in a safe place, .. ·and produce such licence [and operating certificate] to an authorized 35 officer, [or] inspector or authorized person for inspection if so requested . by such officer, [or] inspector or person; and'~. . , Repeal of sections 30 to 34 of Act 60 of 1993 . - 24. Sections 30 to 34 of the International Air Services Act, i 993, are hereby repealed. Amendment of section 37 of Act 60 of 1993 40 I " • •

25. Section 37of the International Air Services Act, 1993; is hereby amended- ( a) .by the substitution- for paragraph (a) of subsection (1) of the following paragraph:· "(a) by the refusal of the council or the Commissioner for Civil Aviation to · ,~ ·-· . { issue to him a licence or a permit [or an operating certificate], as the 45 case may be;"; and - 24 No.l7608 Act No. 98, 1996 GOVERNMENT GAZEITE, 27 NOVEMBER 1996 AVIATION LAWS AMENDMENT ACf, 1996 (b) by the substitution for paragraph (c) of the said subsection ( 1) of the following paragraph: ~'(c) by a decision of the Commissioner for Civil Aviation in terms of section 29(1} [or 33(l)],". Amendment of section 40 of Act 60 or 1993, a8 amended by section 12 or Act 10 of · 5 1996 . .

26. Section 40 of the International Air Services Act, 1993, is hereby amended~ (a) by the substitution· for.paragrapti' (d) of subsection orof tlie following ·· paragraph: "(d) falsifies, counterfeits, alters, defaces or mutilates, or adds anything to, a 10 . licence, permit [operating certificate] or other document issued under this Act, or is in possession of a licence, permit [operating certificate] or other document which has . been thus falsified, counterfeited, altered, defaced or mutilated, or to which an addition has been made;~·; (b) by the substitution for paragraph (e) of the said subsection (1) of the following 15 , paragraph: · "(e) uses a licence, permit [operating certificate] or other dociunent issued .. , ; . . . , . . .· under this Act of which he, she or it is not the bolder;"; and (c) by the substitution for paragraph (eA) of the, said su~section (1) of the · following paragraph: · "(eA) permits a licence, permit [operating certificate] or other document issued ·under this Act of which he, she or it is the holder to be used by any other person;". --- . - 20 Amendment or section 41 of Act 60 of 1993

27. Section 41 of the International Air Services Act, 1993, is hereby amended- 25 (a) by the substitution f01;: paragraph (d) of the following paragraph: "(d). a certificate issued by the chairman of the council or the Commissioner · for Civil Aviation stating. that. a licence or permit [or operating certificate], as .the case may be, has not been granted or issued to a specified person shall, upon the mere production thereof, he accepted as 30 ·prima facie proof of the facts mentioned therein;"; and (b) by the deletion of paragraph. (g). Amendment of section ·43 of Act 60 of 1993, as amended by section 13 of Act 10 of 1996

28. Section 43 of the International Air Services Act, 1993, is hereby amended by the 35 deletion of paragraphs (d) and~). of subsection {1).· Savings ' 29. Notwithstanding the repeal by this Act of those provisions of the Air Services Licensing Act, 1990 (Act No. liS of 1990), or the International Air Services Act, 1993 (Act No.,()O of 1993), which.relate to the issue of operating certificate~. any operating 40. certificate· iss'ued in terms of the said Act and in force immediately prior to such repeal shall be deemed to be an operating certificate issued under the Aviation, Act, 1962 (Act No. 74 of 1962), and shall remain in force, subject to the conditions on which it was issued, for the period fo~ which it was issued. · Short title and conimencement 45 30. 1bis Act shall be called the Aviation Laws Amendment Act, 1996, and shall come into operation .on a date fixed by the President by proclamation in the Gazette .. ~ . . .