Esheria Esheria Statutes
Ask AI Sign in

Zambia Act or statute

Zambia legislation

Aviation (Amendment) Act) 1989

This provision says the Act may be cited as the Aviation (Amendment) Act, 1!)89, and it is to be read together with the Aviation Act. This section amends the principal Act by inserting a heading before section 1.…

air transportairport chargesairport operationsairport servicesamendmentasset vestingasset/service transferaviationaviation operationscompany administrationcompany operationsdrainageEmployment lawgovernment contractsimplementation timinglegal proceedingsliability immunitypensionspublic function transferpublic-sector transferregistry filingsregulatory powersstatutory amendmentstatutory citationstatutory draftingstorm watertransport infrastructure
Jurisdiction
Zambia
Structure
15 provisions
Citation
Act 16 of 1989
Dates
As at 18 Aug 1989
More statute details
Dates
As at 18 Aug 1989

Publicly available, excluded from search-engine indexing

This page remains available for direct research for the following reasons:

  • The record does not meet this release's canonical indexing criteria. (market-indexing-disabled)
  • The record does not meet this release's canonical indexing criteria. (emergency-noindex)
On this page

Professional statute overview

Enactment structure, operative effect and source provenance

Official source

01

Purpose and legislative effect

“This provision says the Act may be cited as the Aviation (Amendment) Act, 1!)89, and it is to be read together with the Aviation Act.”

This provision says the Act may be cited as the Aviation (Amendment) Act, 1!)89, and it is to be read together with the Aviation Act. This section amends the principal Act by inserting a heading before section 1. This section amends section 22 of the principal Act by replacing the word “Act” with “Part”. The principal Act is amended by adding a new Part II after section 22 for the National Airports Corporation Limited. This Part starts on a date appointed by the Minister by statutory instrument.

02

How the instrument operates

  1. 01

    Start with the recorded version

    As at 18 Aug 1989. The date shown identifies this source expression and should not be treated as proof that no later change exists.

  2. 02

    Locate the controlling provision

    Use the provision map, part headings and full-text filter to move from the broad subject to the exact legal language.

  3. 03

    Read conditions and exceptions together

    Keep subsections, definitions, provisos and cross-references in context before drawing a legal conclusion.

  4. 04

    Verify currency and official wording

    Confirm later legislation, commencement notices and corrections with the official publisher before advice, filing or reliance.

03

Research entry points

Selected provisions across the instrument. Open any row to continue with the exact stored text.

( I ) On and after the appointed date except as provided

Certain government-related deeds, bonds, agreements, and related documents continue to operate after the appointed date as if the Company were substituted for the Government, subject to this Part and limits in the document itself.

Section 30

04

Source and current-law status

Source record view

Source record from zambialii.org · As at 18 Aug 1989

Verify current force

The source record does not state a definitive current-law status. Check the official publisher and later amendments before relying on this text.

For advice, pleadings, or compliance decisions, retain the official source and confirm the current consolidated provision.

Official record

Source-indexed provision map

Sections and provisions

Search by section, heading, part or exact legal wording. Every result remains linked to the stored source record.

Showing 15 of 15 provisions

Commencement 6Provision 4Amendment 3Short title
§ 1This Act may be cited as the Aviation (Amendment)Amendment

This provision says the Act may be cited as the Aviation (Amendment) Act, 1!)89, and it is to be read together with the Aviation Act.

1. This Act may be cited as the Aviation (Amendment) Act, 1!)89, and shall be read as one with the Aviation Act in this Act referred to as the principal Act.
Section 1Verify source
§ 2The principal Act is amended by the insertion immedia­Short title

This section amends the principal Act by inserting a heading before section 1.

2. The principal Act is amended by the insertion immedia­ tely before section one of tl1e following heading: Enaotment Short title Cap. 740 Amendment of principal Aot PART I GENERAL
Section 2Verify source

Part

PART I

§ 3Section twenty-two of the principal Act is amended b y AmendmentSubstitution

This section amends section 22 of the principal Act by replacing the word “Act” with “Part”.

3. Section twenty-two of the principal Act is amended b y Amendment ofseotion 22 the deletion of "Act" and the substitution therefor of " Part ".
Section 3Verify source
§ 4The principal Act is amended by the addition immedia- Addition ofAmendment

The principal Act is amended by adding a new Part II after section 22 for the National Airports Corporation Limited.

4. The principal Act is amended by the addition immedia- Addition of new Part II tely after section twenty-two of the following new Part: PART II THE NATIONAL AIRPORTS CORPORATION LIMITlllD
Section 4Verify source

Part

PART II

§ 23This Part shall come into operation on such date asCommencement

This Part starts on a date appointed by the Minister by statutory instrument.

23. This Part shall come into operation on such date as the Minister may, by statutory instrument, appoint .
Section 23Verify source
§ 24In this Part unless the context otherwise requires­Commencement

This section defines several terms used in this Part, including “appointed date,” “Company,” “designated airport,” “designated aerodrome,” “designated company,” and “specific functions.”

24. In this Part unless the context otherwise requires­ " appointed date" means the date appointed by the :tvtinister under section twenty-three as the date of commencement of this Part; Co=ence­ meut Interpre­ tation "Company" means the National Airports Corporation Limited, a company limited by shares and registered under the Companil!s Act; Cap.686 Single copies of this Act may be obtained from the Government Printe,o, P.O. Box 30136, LwJaka. Price 2Cm. No. 16 of 19891 Aviation (Amendment) "designated airport" means Lusaka International Air­ port, Ndola Airport, Livingstone Airport, Mfuwe Airport, and any other airport which the Minister may designate by statutory instrument; " designated aero,lrome " means any aerodrome designated by the Minister, by statutory instrnment, to be owned, managed and administered, by a designated company: "designated company" means any company designated by the Minister, hy statutory instrument, to own. manage and administer any designated aerodrnme and to carry nut sperifio functions relating to the aerodromes " specific functions " means any function transfen-ed to a design a tc<l company by virn1c of this Act. Transfer of deslg11ated airports, fuuoti,ms, assets an,j liabilities
Section 24Verify source
§ 25On and after the appointed date there shall he rran•Commencement

On and after the appointed date, designated airports and related Government functions, property, rights, liabilities, and obligations are transferred to and vest in the Company.

25. On and after the appointed date there shall he rran•;. ferred to, and vest in, the Company- (a) designated airports: (b) subject to any conditions which may be imposed by the Minister, those functions which prior to the commencement of this Part were functions exerdsecl by t11e Government in relation to designated au:p,,rts; a11cl (c) all property, rights, liabilities and ouligations whirh immediately before the appointed date were property, rights, liabilities and obligations of the Government relating to rlesigna tcd airports. Fll!1otions of oompaay
Section 25Verify source
§ 26(l) The functions of the Cvmpany shall beAmendment

The Company must carry out specified airport and aviation functions, and it may do necessary or incidental acts to perform them.

26. (l) The functions of the Cvmpany shall be - (a) fun<;tions referred to in paragraph (b) of section twenty-jfre; (b) subject to the tlire.:ition of the Minister, to provide air traffic con trul service throughun t the Republic; (c) to provid� aircraft services at designated airports; (d) to provide fire an<l rescue services at designated airports and if directed by the Minister provide fire and rescue senriees at other airports; (e) to provide and maintain navigational and tele­ communications aids throughout tlie Repu ulic; (/) to provide security at designated airports; and (y) to provide terminal facilities for pasEengers nnd cargo at designated airports. (�) In performing the functions set out ill subsection (1) t1e Company may- (u) vlan, develop, construct an<l maintain runways ta...x.iways, avrons, terminal and ancillary buildings; Avintion (Amendment) (No. 16 of 1989 131 (b) arrange for postal, money exchange, insurance and telephone, facilities for the use of passengers and other persons at desfonated airports; (c) regulate and control the movements of vehicles and the entry and exit of passengers at designated airports; Hand (rl) do all acts ancl things as may he necessary or incidental for the pcrformanc-e of its f1mctionc, under this Part.
Section 26Verify source
§ 27(l) The Company may, with the api):-oval oftbr. Minister,Provision

The Company may set certain airport charges and rentals, but approval of the Minister is required for the charges listed in subsection (1), and some determinations must be published in the Gazette.

27. (l) The Company may, with the api):-oval oftbr. Minister, determine- (a) landing charges, hang,.r rharges. parking charges, other rhar�es and fet:s f,.r any service renderecl by the company to air<·r.,ft. passengers and cargo and the public at designated airports; and (b) o\·erflying rharges throughout the Rep:1hlir. (2) The c·har_ges determined under s11 '1�1:c·tion (I) shall be p:i blished in the Orrzr,fl, .. (3) Notwithstanding Sil IJsertion (2). the C'ompany may, in relation to spec·ial circumstances of any partiwlar ca<.e determine thr: char.!!CS and feec; applicable to s11ch case in rc�peot of any scrvicc:s to airrraft, passen�crs, cargo, and the publir prodrlerl hy it and the <'hargc5 r.ncl fees sh:ill ha,·e immecliate effect in relatio:i tc, such case. Provided that su1 h conclitio:1s, char;;es, and fees shall as s,11,ll as practi1 able after sHch determination, be published in the 017.:ellr. (--1) The Company may determine and charge rentals at dc�ignated airports.
Section 27Verify source
§ 28I I) The C'nmp.iny may construct any drains which mayProvision

The Company may build drains needed to carry storm water to natural drainage, and must pay reasonable compensation if that drainage construction damages property.

28. I I) The C'nmp.iny may construct any drains which may I.Jc necessary for the purpose uf leading storm water, wh.ich would otherwise naturally gather or impinge on any designated airport or any radio or electronh· apparatus or equipment which has liei.:n installed as a communication or navigatiun aid, to its nearest natural drainage. (2) If as a result of the construction of any such drain such storm water causes clam age to any property, the Company shall pay rt!asonable compensation to any person aggrieved. (3) ln tlie event of any tlispu te as to the cause of the damage or the amount of co,npensation, tl1e matter shall be referred to arbitration in ac<·orclance with subsection (4) of section IJc;/JelL. Power of Comrar1y tll dotormil,e oharges, fees, et.c. Power to oonstruct drah1s
Section 28Verify source
§ 29(1) Whenever in pursuance of this Part any property,Provision

The Company must apply in writing to register a government transfer, and the registration officer must record the transfer and related documents.

29. (1) Whenever in pursuance of this Part any property, rights, liauilities or ouligations, of the Government are deemed transfcrrcJ in rcsp..:d of wbtch transfer a written Jaw provides for rt.:gisu·auon, tho..: Uompany shall make an ap1)lication in writing to the pr,ipcr officer of the appropriate registratio,1 au tlwrity for the rc61s u· .1 tion uf the tra11sfer. Rcglstratlc,n of property to be trausferred by URZ to Company 132 No. 16 of t 089] A viatfon ( A m1milment) Agreements, etc., to be assumed by Company (2) The officer referred to in subsection ( l ) shall make such entrjes in the appropriate register as shall give effect to the transfer and, where appropriate, issue the transferee concerned a certitica te of title in respf'ct of the property or make necessary amendments to the register, as the case may be and shall make endorsement on the deeds relating tu the title, right or obligation concerned ; and no registration fees, stamp duty or other duties shall be payable.
Section 29Verify source
§ 30( I ) On and after the appointed date except as providedCommencement

Certain government-related deeds, bonds, agreements, and related documents continue to operate after the appointed date as if the Company were substituted for the Government, subject to this Part and limits in the document itself.

30. ( I ) On and after the appointed date except as provided in this Part, every deed, bond and agreement (other than an agreement for personal service) to which the Government was a party immediately before the commencement of this Part, relating to designated airports and functions referred to in section twenty-8ix, whether in writing or not, and whether or not of such nature that rights, liabilities and obligations thereunder could be assigned, shall, unless hs subject-matter or terms make it impossible that it should have effect as modified in the manner provided by this subsection, have effect as from the date of the assignment, as if- (a) the Company had been a party to them ; (b) for any reference to the Government there was sub­ stituted, a� respects anything falling to be done, on 01· after the commencement of this Part, a reference to the Company ; and (c) for any reference to an officer of tbe Government who is not a party to the deed, bond or agreement and beneficially interested in them there were sub­ stituted, as respects anything to be done on or after the commencement of this Part, a reference to su<:h officer of the Company as the Company shall designate. (2) Subject to subsection ( 1 ) , documents other than those refened to in that subsection which refer specifically or generally to the Government of the Republic of Zarn hia sh all be construed in accordance with that su bsection as far as applicable. Transfer of service of employees
Section 30Verify source
§ 31( I ) Where any person who was in the service of theCommencement

Some Government staff transferring to the Company keep terms no less favourable than before, and can stop the transfer by giving written notice within 3 months.

31. ( I ) Where any person who was in the service of the Government at designated airports or was performing f motions referred to in section twenty-six, immediately before the commencement of this Part, voluntarily transfers from that service to the service of the Company, his terms and condition of service with the Company sbaU be no less favourable than those he enjoyed while in the service of the Government and his previous service with the Government shall be treated as service under the Company for the purposes of determining his rights, to or eligibility for, pension, gratuity, leave or other benefits. (2) A person to whom subsection (1) applies shall be deemed to have voluntarily transferred his servwes to the Company unless within three months from the commencement of this ; '.A.maiwii (Amendment) [No. 16 of 1989 . 133 Part be gives notice · in writing to the Government with a copy to the Company stating his intention not to transfer . from the service of the Government. Legal proceedings
Section 31Verify source

Part

Part be gives notice · in writing to the Government with a

§ 32(1) Without prejudice fo ··tne ·otlfor 'pro'vi�ions of thisCommencement

The Company and others get the same legal rights and remedies for transferred matters, pending proceedings may continue against the Company, and the Company has immunity from suits for good-faith acts except where there was lack of reasonable care, diligence, or skill.

32. (1) Without prejudice fo ··tne ·otlfor 'pro'vi�ions of this Part, where any right, liability or obligation vests in the Company by virtue of the Part, the Company and all other persons shall, as from the commencement of this Part, have the same rights, powers and remedies (and in particular the ·same rights as to the instituting or defending of legal pro­ ceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing that right, liability or obligation as they would have had if it had at all times been a right, liability or obligation of the Company. (2) Any legal proceedings or application to any authority pending immediately before the commencement of this Part by or against the Government in relation to the assets and functions transferred to the Company may be continued by or against the Company. (3) After the commencement of this Part, proceedings in respect of any right or obligation which was vested in, held, enjoyed, incurred or suffered by the Government relating to the designated airports and functions transferred to the Company, may be instituted by, or against the Company. 33. No suit, prosecution or other legal proceeding shall lie against the Company or any member or any officer or any employee or any agent of the Company for anything which is in good faith done or intended to be done in pursuance of this Part or of any rule or regulation made thereunder or for damage sustained by any aircraft or vehicle or for loss of life or personal injury in consequence of any defect in any of the designated airports or other things belonging to or under the control of the Company except where such damage, loss, loss of life or injury or personal injury is caused by want of reason­ able care, diligence or skill on the part of the Company or any member or any officer or any employee or any agent. Immunity of Company
Section 32Verify source
§ 34(!) The Minister may, after consultation with theProvision

The Minister may make regulations, after consulting the Company, to carry out this Part.

34. (!) The Minister may, after consultation with the Company, make regulations to provide for matters necessary to give effect to this Part. (2) Without prejudice to the generality of subsection (I) such regulations may- Regulat.ions relating to ciesignat.e:d airports ar1d Companr (a) provide for securing the safety of aircraft, vehicles and persons using designated airports and preventing danger to the public arising fro111 the use and operation of aircraft in the designated airport ; 134 No. 16 of 19_8_9-=-] _____ A,,iation (Amend_ment __ ) _____ _ (b) provide for preventing obstruction within designated airports for its normal fonctioning ; (c) prohibit the parking or waiting of any vehicle or carriage within a designated airport except at places specified by the Company ; (d) prohibit or restrict access to any part of designated airports ; and (e) provide for preserving order within the designated airports and preventing damage to property therein.
Section 34Verify source

Legislative relationships

1 referenced instrument

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

N–S

1 instrument

  • principal Act

    Sections 2, 3, 4

Recorded versions and source checkpoint

1 version available in this collection

Current-law checkpoint
  • 18 Aug 1989 · currentEnglish

This relationship view does not by itself establish whether another instrument remains in force.

Check official source

Source-linked research

Ask AI about this statute

The overview, provisions, and source records above are public. Continue in a separate conversation with this statute’s jurisdiction and source version attached.

About this LexChat collection

Statute information is organised from identified legislative sources for professional research. Corrections can be reported to hello@esheria.ai.