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Zambia legislation

Air Services Act, 1964

This section says the Act may be cited as the Air Services Act. This section defines key terms used in the Act, including “air service,” “application,” “permit,” and “tribunal.” This section says the Act does not apply…

administrative decision-makingair service licensingair service operationsair servicesair transportapplication and exemptionsaviation regulationaviation safetyfalse statementsfeesforgeryfraudhearingsinquiriesinspectionBusiness registrationministerial consultationministerial decision-makingnoticenoticesobjectionspenaltiespermit application procedurepermit applicationspermit objectionspermitsprovisional permitspublic inspectionpublic service administrationregulatory enforcementregulatory powersrenewalrevocationsuspensiontemporary permitstribunal referraltribunal reportstribunalsvariation
Jurisdiction
Zambia
Structure
22 provisions
Citation
Act 8 of 1964
Dates
As at 31 Dec 1996
More statute details
Dates
As at 31 Dec 1996

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01

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“This section says the Act may be cited as the Air Services Act.”

This section says the Act may be cited as the Air Services Act. This section defines key terms used in the Act, including “air service,” “application,” “permit,” and “tribunal.” This section says the Act does not apply to certain aircraft and flights, including specified international or treaty-based operations, and some air-service aircraft subject to conditions set by the Minister. A person must not provide air services to, from, or within Zambia unless the service complies with the Minister’s permit conditions, and it must not be provided while the permit is suspended. Applications must be made to the Minister in the form the Minister directs, and permit applicants must provide specified details and any further information the Minister requires.

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Showing 22 of 22 provisions

Amendment 20Short titleSubstitution

Part

Part I – Preliminary

§ 1Short title .................................................................................................................................................................................................... 1Short title

This section says the Act may be cited as the Air Services Act.

1. Short title This Act may be cited as the Air Services Act.
Section 1Verify source
§ 2Interpretation ............................................................................................................................................................................................. 1Substitution

This section defines key terms used in the Act, including “air service,” “application,” “permit,” and “tribunal.”

2. Interpretation (1) In this Act, unless the context otherwise requires— "air service"— (a) means a service performed by means of an aircraft for payment or material advantage on one or more occasions; and (b) includes a service for the carriage of passengers or cargo performed by means of a vehicle, other than an aircraft, which— (i) is ancillary to and directly connected with a service referred to in paragraph (a); and (ii) is declared by the Minister, by statutory notice, to be an air service for the purpose of any or all of the provisions of this Act; "application" means an application for the issue, renewal, transfer or amendment of a permit, as the case may be; "aviation law" means the Aviation Act or any enactment substituted therefor; "contracting State"— (a) (b) in relation to the International Agreement, means a State which is a contracting party to the International Agreement; and in relation to the International Convention, means a State which is a contracting party to the International Convention; "Corporation" means the Central African Airways Corporation constituted by the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963; "International Agreement" means the International Air Services Transit Agreement signed at Chicago in the United States of America on the 7th December, 1944, or any other international By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 1 Air Services Act, 1964 (Chapter 446) Zambia agreement amending that Agreement or substituted for that Agreement to which the Government may be a party; "International Convention" means the Convention on International Aviation signed at Chicago in the United States of America on the 7th December, 1944, or any other international convention amending that Convention or substituted for that Convention to which the Government may be a party; "objection" means an objection to an application; "permit" means a permit authorising the holder to provide an air service to, from or within Zambia; "tribunal" means a tribunal as described in section nine. (2) A person who lets out on hire, with or without pilot or crew, an aircraft which is registered in Zambia in terms of the aviation law shall, for the purposes of this Act, be deemed to be providing an air service to, from or within Zambia. [As amended by S.I. No. 301 of 1967] [Cap. 444; App. 1]
Section 2Verify source
§ 3Application .................................................................................................................................................................................................. 2Amendment

This section says the Act does not apply to certain aircraft and flights, including specified international or treaty-based operations, and some air-service aircraft subject to conditions set by the Minister.

3. Application The provisions of this Act shall not apply in relation to— (a) an aircraft of a contracting State which, in the exercise of the privileges conferred by section 1 of the International Agreement— (i) flies across Zambia without landing; or (ii) lands in Zambia for non-traffic purposes; in accordance with the provisions of the International Agreement; (b) an aircraft of a contracting State which, in the exercise of the right conferred by Article 5 of the International Convention, makes a flight into or in transit non-stop across or a stop in Zambia in accordance with the provisions of the International Convention; (c) an aircraft of any country which, in the exercise of a right conferred by treaty or agreement to which the Government is a party, makes a flight into or in transit non-stop across or a stop in Zambia in accordance with the provisions of that treaty or agreement; or (d) an aircraft used for the provision of an air service to, from or within Zambia by such persons for such purposes and in accordance with such conditions as the Minister may determine. [As amended by S.I. No. 153 of 1965 and S.I. No. 301 of 1967]
Section 3Verify source
§ 4Air services to be provided in accordance with permits ........................................................................................................... 2Amendment

A person must not provide air services to, from, or within Zambia unless the service complies with the Minister’s permit conditions, and it must not be provided while the permit is suspended.

4. Air services to be provided in accordance with permits No person shall provide an air service to, from or within Zambia— (a) otherwise than in accordance with the conditions of a permit issued by the Minister; or (b) whilst the permit authorising the provision of the air service is suspended. [As amended by S.I. No. 301 o1 1967] Part II – Issue, renewal, transfer and amendment of permits
Section 4Verify source

Part

Part II – Issue, renewal, transfer and amendment of permits

§ 5Applications ................................................................................................................................................................................................ 2Amendment

Applications must be made to the Minister in the form the Minister directs, and permit applicants must provide specified details and any further information the Minister requires.

5. Applications (1) An application shall be made to the Minister in such manner as the Minister may direct. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 2 Air Services Act, 1964 (Chapter 446) Zambia (2) An applicant for the issue of a permit shall— (a) state in his application— (i) the particulars of the air service to be provided; (ii) the proposed areas and routes of operation; (iii) the numbers and types of aircraft to be used; and (iv) the tariffs to be charged; and (b) supply thereafter such other information in connection with his application as the Minister may require. (3) An applicant for the renewal, transfer or amendment of a permit shall— (a) state in his application— (i) the particulars of the permit to be renewed, transferred or amended; and (ii) the period of renewal or, as the case may be, the nature of the transfer or amendment; and (b) supply thereafter such further information in connection with his application as the Minister may require. [As amended by S.I. No. 301 of 1967]
Section 5Verify source
§ 6Applications to be published and open to inspection ............................................................................................................... 3Amendment

Applicants must publish application particulars at their own expense unless they seek a temporary or provisional permit; the application and related information are then open to inspection for 21 days, and the Minister must consult the Director of Civil Aviation during that period.

6. Applications to be published and open to inspection (1) An applicant shall, unless he applies for the issue of a temporary or provisional permit in terms of section fifteen, publish at his own expense particulars of his application in accordance with the directions of the Minister. (2) An application, other than an application for the issue of a temporary or provisional permit in terms of section fifteen, and any information supplied in connection with the application, other than information of a confidential nature that has been specifically called for by the Minister, shall be open to inspection by persons providing air services to, from or within Zambia at the offices of the Ministry of Transport and Communications during the period of twenty-one days beginning on the date of the publication referred to in subsection (1). (3) During such period the Minister shall, in respect of any application to provide an air service to, from or within Zambia, consult with the Director of Civil Aviation appointed in terms of the aviation law, in respect of all matters relevant to the application which lie within his responsibility. [As amended by S.I. No. 301 of 1967]
Section 6Verify source
§ 7Objections .................................................................................................................................................................................................... 3Amendment

Only a person providing an air service to, from, or within Zambia may object to an application. Any objection must be made to the Minister, in the Minister’s required manner, within 28 days after the application particulars are published.

7. Objections (1) A person shall not be qualified to object to an application unless he is a person providing an air service to, from or within Zambia. (2) An objection to the issue, renewal, transfer or amendment of a permit shall be made and notice of the objection given to the Minister in such manner as the Minister may direct, within twenty-eight days after the publication of the particulars of the application. (3) No objection to an application shall be valid if— (a) the objection does not relate to one or more of the matters specified in section eleven; (b) the objection is frivolous or vexatious; or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 3 Air Services Act, 1964 (Chapter 446) Zambia (c) the objection is not made or notice of the objection is not given in accordance with the provisions of subsection (2). [As amended by S.I. No. 153 of 1965 and S.I. No. 301 of 1967]
Section 7Verify source
§ 8Reference of applications to tribunal ............................................................................................................................................... 4Amendment

The Minister must refer the matter to a tribunal if an objection has been made, and may do so if no objection has been made, after the 28-day period ends.

8. Reference of applications to tribunal As soon as may be after the expiration of the period of twenty-eight days referred to in subsection (2) of section seven, the Minister— (a) shall, if an objection has been made; or (b) may, if an objection has not been made; refer the matter to be dealt with by a tribunal. [As amended by S.I. No. 301 of 1967]
Section 8Verify source
§ 9Tribunals ...................................................................................................................................................................................................... 4Amendment

A tribunal must include a public-service officer nominated by the Minister, and any assessors must be appointed by the Minister.

9. Tribunals (1) A tribunal shall consist of an officer in the public service nominated by the Minister and such assessors, if any, as may be appointed by the Minister. (2) Any such tribunal may be appointed generally for any period or periods, or specially for the purpose of dealing with a particular application. (3) The powers, rights and privileges of a tribunal in an inquiry shall be the same as those conferred upon commissioners by the Inquiries Act, and the provisions of sections seven, thirteen, fourteen and seventeen of that Act shall, mutatis mutandis, apply in respect of a tribunal. [Cap. 42] (4) Assessors shall be entitled to such allowances as the Minister, with the approval of the Minister responsible for finance, may determine. [As amended by S.I. No. 153 of 1965 and S.I. No. 301 of 1967]
Section 9Verify source
§ 10Inquiries ..................................................................................................................................................................................................... 4Amendment

The Minister must give the applicant and any objector at least 14 days’ notice of an inquiry’s date and place.

10. Inquiries (1) The Minister shall give to the applicant and any objector not less than fourteen days' notice of the date and place at which any inquiry is to be held. (2) At any inquiry the applicant and any objector may appear in person or be represented and appear by a legal practitioner. (3) The applicant or an objector shall have the right at any inquiry to make representations in support of the application or the objection, as the case may be. [As amended by S.I. No. 301 of 1967]
Section 10Verify source
§ 11Matters tribunal must consider ........................................................................................................................................................ 4Amendment

A tribunal must consider specified factors when making an inquiry about an air service application.

11. Matters tribunal must consider In any inquiry a tribunal shall have regard to— (a) whether the grant or refusal of an application is expedient in the public interest; (b) the need for air services in the area to be served by the proposed air service; (c) the existence and efficiency of air services serving the routes or the areas in or through which the proposed air service is to be provided; (d) any uneconomic duplication or uneconomic overlapping of air services which the proposed air service might cause; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 4 Air Services Act, 1964 (Chapter 446) Zambia (e) the financial resources of the applicant and— ii(i) if the application is for the issue of a permit, the likelihood of his being able to provide an air service which is satisfactory from the point of view of safety, regularity, frequency of operation, reasonableness of charges and general efficiency; or i(ii) if the application is for the renewal or amendment of a permit, whether or not the applicant's existing air service is satisfactory from the point of view of safety, regularity, frequency of operation, reasonableness of charges and general efficiency; (f) whether or not the aircraft proposed to be used and the air service proposed to be provided are suited to the airports and the airport facilities to be used in conjunction with the proposed air service; (g) any objection to the application; (h) any other matter which, in the opinion of the tribunal, is relevant to the application; and (i) any views on the application expressed by the Director of Civil Aviation appointed in terms of the aviation law; (j) any obligation imposed upon the Government by international agreement or treaty. [As amended by S.I. No. 301 of 1967]
Section 11Verify source
§ 12Procedure after inquiry ........................................................................................................................................................................ 5Amendment

After an inquiry, the tribunal must send its report and recommendations to the Minister, who may grant, reject, or send back the application, and the report cannot be inspected by the applicant or any objector.

12. Procedure after inquiry (1) As soon as may be after the conclusion of an inquiry the tribunal shall submit a report thereon, together with its recommendations, to the Minister. (2) The Minister may, without reference to the applicant or any objector— (a) grant the application, subject to such conditions, if any, to be inserted in the permit, and for such period, as the Minister may think fit; (b) reject the application; or (c) refer the application back to the tribunal with such instructions, with which the tribunal shall comply, as to the reopening of the inquiry and the further proceedings to be had in connection with the application, as the Minister may think fit. (3) In coming to a decision in terms of subsection (2), the Minister— (a) shall have regard to the report on the proceedings of the inquiry and to the advice and recommendations of the tribunal; and (b) may have regard to such other information and considerations as the Minister considers relevant. (4) No report or recommendations submitted by a tribunal in terms of subsection (1) shall be open to inspection by the applicant or any objector. [As amended by S.I. No. 301 of 1967]
Section 12Verify source
§ 13Applications with no objections ...................................................................................................................................................... 5Amendment

After 28 days, the Minister must grant an application if there is no objection and it has not been sent to a tribunal.

13. Applications with no objections As soon as may be after the expiration of the period of twenty-eight days referred to in subsection (2) of section seven, the Minister shall, in the case of an application to which no objection has been made and which has not been referred to a tribunal in terms of section eight, grant the application subject to such conditions, if any, to be inserted in the permit, and for such period as the Minister may direct. [As amended by S.I. No. 301 of 1967] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 5 Air Services Act, 1964 (Chapter 446) Zambia
Section 13Verify source
§ 14Copies of permits open to inspection ........................................................................................................................................... 6Amendment

Copies of all permits must be kept at the Ministry of Transport and Communication offices and be open to inspection by applicants or air-service providers for routes to, from, or within Zambia.

14. Copies of permits open to inspection Copies of all permits shall be kept at the offices of the Ministry of Transport and Communication, and shall be open to inspection by any applicant or person providing an air service to, from or within Zambia. [As amended by S.I. No. 301 of 1967]
Section 14Verify source
§ 15Temporary and provisional permits ................................................................................................................................................ 6Amendment

An applicant may apply for a temporary or provisional permit, and the Minister may issue it with conditions.

15. Temporary and provisional permits Notwithstanding anything to the contrary in this Act, an applicant may apply for and the Minister may issue— (a) a temporary permit valid for a period not exceeding twenty-one days; or (b) a provisional permit valid pending the publication and determination of an application; subject to such conditions to be inserted in the permit as the Minister may consider expedient in the public interest. [As amended by S.I. No. 301 of 1967] Part III – Revocation, suspension and variation of permits
Section 15Verify source

Part

Part III – Revocation, suspension and variation of permits

§ 16Revocation, suspension and variation of permits: inquiries .................................................................................................. 6Amendment

If certain concerns arise about a permit, the Minister must refer the matter to a tribunal and notify the permit holder in writing; the Minister may also suspend the permit pending the tribunal’s inquiry and report.

16. Revocation, suspension and variation of permits: inquiries (1) If at any time the Minister believes that— (a) the holder of a permit has failed to comply with a condition of the permit; or (b) the holder of a permit, his servant or agent, has been convicted of an offence against the aviation law or any enactment relating to aviation, air navigation or air services or any other offence, wherever committed, of such a nature as, in the opinion of the Minister, makes him no longer a fit or proper person to provide or assist in providing, as the case may be, the air service to which the permit relates; or (c) it would be expedient in the public interest to revoke, suspend or vary a permit; the Minister shall— (i) refer the matter to a tribunal for inquiry into and advice upon the circumstances; and (ii) give to the holder of the permit written notice of such reference and the reasons therefor. (2) If the Minister considers it expedient in the public interest, he may, notwithstanding the provisions of sub-section (1), suspend a permit pending inquiry and report by a tribunal. [As amended by S.I. No. 301 of 1967]
Section 16Verify source
§ 17Inquiries for purposes of section 16 .............................................................................................................................................. 6Amendment

The Minister must give the permit holder at least 21 days’ notice of the inquiry’s date and place. At the inquiry, the permit holder may attend in person or through a legal practitioner and may make representations.

17. Inquiries for purposes of section 16 (1) The Minister shall give not less than twenty-one days' notice to the holder of a permit referred to in section sixteen of the date and place at which the inquiry is to be held. (2) At the inquiry the holder of the permit may appear in person or be represented and appear by a legal practitioner and shall have the right to make representations. [As amended by S.I. No. 301 of 1967] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 6 Air Services Act, 1964 (Chapter 446) Zambia
Section 17Verify source
§ 18Procedure after inquiry ........................................................................................................................................................................ 7Amendment

After an inquiry, the tribunal must send its report and recommendations to the Minister, who may revoke, suspend, vary, or send the matter back for further inquiry steps.

18. Procedure after inquiry (1) As soon as may be after the conclusion of an inquiry the tribunal shall submit a report thereon, together with its recommendations, to the Minister who may, without reference to the holder of the permit— (a) revoke the permit; (b) suspend the permit for such period as the Minister thinks fit; (c) vary the permit in such manner as the Minister thinks fit; or (d) refer the matter back to the tribunal with such instructions, with which the tribunal shall comply, as to the reopening of the inquiry and the further proceedings to be had in connection with the matter, as the Minister may think fit. (2) In deciding whether a permit should be revoked, suspended or varied the Minister— (a) shall have regard to the report on the proceedings of the inquiry and to the recommendations of the tribunal; and (b) may have regard to such other information and considerations as in his opinion are relevant. (3) No report or recommendations of the tribunal submitted to the Minister in terms of subsection (1) shall be open to inspection by the holder of the permit. (4) The Minister shall not be liable to refund to the holder of a permit which is revoked, suspended or varied in terms of this Act the fee, or any portion of the fee, paid on the issue of the permit. [As amended by S.I. No. 301 of 1967] Part IV – Miscellaneous
Section 18Verify source

Part

Part IV – Miscellaneous

§ 19Permits to continue in force if application made for renewal .............................................................................................. 7Amendment

A permit stays in force if the holder applies for renewal before it expires, until the holder is notified in writing by the Minister that renewal was refused or granted.

19. Permits to continue in force if application made for renewal If a holder of a permit applies for the renewal of the permit before the lapse of the period of validity of the permit, the permit shall be treated as being of force until the holder is notified in writing by the Minister that his application has been refused or the permit has been renewed. [As amended by S.I. No. 301 of 1967]
Section 19Verify source
§ 20Prescribed fees ....................................................................................................................................................................................... 7Amendment

The Minister may fix fees by statutory notice, and applicants must pay fees for permits and for permit issue, renewal, transfer, or amendment.

20. Prescribed fees The Minister may, by statutory notice, fix fees which shall be payable by applicants and fees which shall be payable on the issue, renewal, transfer or amendment of a permit. [As amended by S.I. No. 301 of 1967]
Section 20Verify source
§ 20ARegulations ............................................................................................................................................................................................ 7Amendment

The Minister may make regulations for this Act, including safety, operation, carriage terms, and penalties for breaches.

20A. Regulations (1) The Minister may, by statutory instrument, make regulations for the better carrying out of the objects and purposes of this Act, and, without prejudice to the generality of the foregoing, such regulations may make provision for— (a) any measures aimed at enhancing the safety and security, both on the ground and in the air, of passengers, aircraft and any personnel connected therewith; (b) any measures aimed at enhancing the smooth operation, both on the ground and in the air, of air services; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 7 Air Services Act, 1964 (Chapter 446) Zambia (c) the terms and conditions on which passengers, baggage or cargo may be carried by any person operating an air service in, from or into Zambia. (2) Different regulations may be made for different classes of aircraft, persons or property, and for different parts of Zambia. (3) Regulations made under this section may prescribe penalties for the contravention thereof but no such penalty shall exceed a fine of twenty-five thousand penalty units, or a term of imprisonment not exceeding six years, or both. [As amended by Act No. 26 of 1979 and Act No. 13 of 1994]
Section 20AVerify source
§ 21Offences and penalties ........................................................................................................................................................................ 8Amendment

A person who fraudulently obtains, falsely declares for, or forges a permit commits an offence and faces fines or imprisonment.

21. Offences and penalties A person who— (a) procures or attempts to procure for himself or another a permit by means of fraud, a false representation or the concealment of a material fact; (b) makes or causes to be made in connection with an application a false declaration in a document used for the purposes of the application; (c) forges or utters, knowing the same to be forged, a document purporting to be a permit; or (d) contravenes the provisions of section four; shall be guilty of an offence and liable— (i) on first conviction, to a fine not exceeding six thousand penalty units or to imprisonment for a period not exceeding two years, or to both; and (ii) on a second or subsequent conviction, to a fine not exceeding sixty thousand penalty units or to imprisonment for a period not exceeding ten years, or to both. [As amended by Act No. 13 of 1994] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 8
Section 21Verify source

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