Civil Aviation Act 13 of 2009 - SAFLII Home

1 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. AIDS HELPLINE: 0800-123-22 Prevention is the cure 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, consolidate and amend the Aviation laws giving effect to certain International Aviation Conventions; to provide for the control and regulation of Aviation within the Republic.)

2 To provide for the establishment of a South African Civil Aviation Authority with safety and security oversight functions, to provide for the establishment of an independent Aviation safety Investigation Board in compliance with Annex 13 of the Chicago Convention, to give effect to certain provisions of the Convention on Offences and Certain other Acts Committed on Board Aircraft; to give effect to the Convention for the Suppression of Unlawful Seizure of Aircraft and the Convention for the Suppression of Unlawful Acts against the safety of Civil Aviation ; to provide for the National Aviation Security Program; 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.

3 BE IT ENACTED by the Parliament of the Republic of South Africa, as follows: ARRANGEMENT OF SECTIONS Sections CHAPTER 1 1. Definitions CHAPTER 2 APPLICATION OF ACT, POWER TO CARRY OUT AND APPLY CONVENTION, TRANSIT AGREEMENT AND PROTOCOL, FUNCTIONS OF MINISTER IN CONNECTION WITH ACT AND CONVENTION AND TRANSIT AGREEMENT 2. Application of Act 3. Power to carry out and apply Convention, Transit Agreement and Protocol 4. Eunclions of Minister in connection with Act. Convention and Transit Agreement 5. Enactment of Convention.

4 Transit Agreement and Protocol 4 No. 32266 GOVERNMENT GAZETTE, 27 MAY 2009 Act No. 13, 2009 Civil Aviation ACT, 2009 CHAPTER 3 PART 1 ACQUISITION OF LAND AND RIGHTS IN CONNECTION WITH AIRPORTS AND CONSULTATION WITH INTERESTED PARTIES 6. Acquisition of land and rights in connection with airports 5 PART 2 PERMISSION TO USE LAND HELD UNDER ANY RECONNAISSANCE PERMISSION, EXPLORATION, PROSPECTING OR MINING AUTHORISATION OR PERMISSION FOR AIRPORTS, CONSULTATION WITH INTERESTED PARTIES, TRESPASS, NUISANCE AND 10 RESPONSIBILITY FOR DAMAGE 7.

5 Permission to use land held under any reconnaissance permission, exploration, prospecting or mining authorisation or permission for airports 8. Trespass, nuisance, responsibility for damage and insurance for damage or loss by registered owners and operators of aircraft 15 CHAPTER 4 PART 1 AIRCRAFT ACCIDENTS AND AIRCRAFT INCIDENTS, ESTABLISHMENT OF Aviation safety INVESTIGATION BOARD IN COMPLIANCE WITH CONVENTION, JURISDICTION OF Aviation safety INVESTIGATION 20 BOARD AND OBJECTS OF Aviation safety INVESTIGATION BOARD 9.

6 Application of Chapter to aircraft accidents and aircraft incidents 10. Establishment of Aviation safety Investigation Board 11. Objects of Aviation safety Investigation Board 12. Jurisdiction of Aviation safety Investigation Board 25 13. Coordination of investigations and remedial actions 14. Compatible procedures and practices PART 2 APPOINTMENT OF MEMBERS AND STAFF OF Aviation safety INVESTIGATION BOARD, PROCEDURE AND REQUIREMENTS IN 30 APPOINTING MEMBERS, FILLING OF VACANCIES, REMUNERATION AND DUTIES OF MEMBERS AND CONFLICT OF INTEREST OF MEMBERS 15.

7 Procedure and requirements in appointing members of the Aviation safety Investigation Board, filling of vacancies and term of office 16. Disqualification and removal of members of the Aviation safety Investigation 35 Board 17 Performance Management System 18. Remuneration, fees and expenses of members of the Aviation safety Investigation Board 19. Duties of Chairperson 40 20.

8 Chairperson may delegate powers and duties 21. Meetings and quorum of Aviation safety Investigation Board 22. Expenditure in connection with execution of functions and objects of Aviation safety Investigation Board 23. Public Finance Management Act binds Aviation safety Investigation Board 45 24. Conflict of interest 25. Duties of members of Aviation safety Investigation Board 26. Appointment of staff of Aviation safety Investigation Board 27. Agreements between Aviation safety Investigation Board and Director 6 No. 32266 GOVERNMENT GAZETTE, 27 MAY 2009 Act No.

9 13, 2009 Civil Aviation ACT, 2009 28. Remuneration of staff of Aviation safety Investigation Board 29. Independence and impartiality of Aviation safety Investigation Board PART 3 FUNCTIONS AND POWERS OF Aviation safety INVESTIGATION BOARD, POWERS OF DIRECTOR OF INVESTIGATIONS AND 5 INVESTIGATORS, NOTIFICATION OF AIRCRAFT ACCIDENTS AND AIRCRAFT INCIDENTS BY DEPARTMENTS AND ATTENDANCE AND OBSERVERS AT INVESTIGATIONS 30. Functions of Aviation safety Investigation Board 31. Powers of Aviation safety Investigation Board 10 32.

10 Powers of Director of Investigations 33. Designation and powers of investigators 34. Search and seizure by appointed investigators 35. Power to test items seized 36. Certificate to be produced 15 37. Return of seized property 38. Public inquiry 39. Notification of a department of aircraft accident or aircraft incident and investigation by department 40. Notification of Minister of department having direct interest in aircraft accident 20 or aircraft incident by Aviation safety Investigation Board 41. Attendance and removal of observers at aircraft accident and aircraft incident investigations PART 4 REPORTING ON COMPLETION OF ANY AIRCRAFT ACCIDENT OR 25 AIRCRAFT INCIDENT INVESTIGATION 42.