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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Civil Aviation Act, No. 13 of 2009

Long title


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; 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.

Table of contents

SECTION TITLE

ARRANGEMENT OF SECTIONS
CHAPTER 1. DEFINITIONS
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. Functions of Minister in connection with Act. Convention and Transit Agreement
5. Enactment of Convention. Transit Agreement and Protocol
CHAPTER 3. [No title]
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
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 responsibility for damage
7. 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
CHAPTER 4. [No title]
Part 1. Aircraft accidents and aircraft incidents, establishment of Aviation Safety Investigation Board in compliance with convention, jurisdiction of aviation safety investigation board and objects of Aviation Safety Investigation Board
9. 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
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 appointing members, filling of vacancies, remuneration and duties of members and conflict of interest of members
15. 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 Board
17. Performance Management System
18. Remuneration, fees and expenses of members of the Aviation Safety Investigation Board
19. Duties of Chairperson
20. 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
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
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 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
32. 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
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 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 aircraft incident investigation
42. Rights of affected parties, making representations and publication of report
43. Manner of dealing with representations
44. Notification of findings and recommendations
45. Minister of a department to respond to Aviation Safety Investigation Board
46. Aviation Safety Investigation Board may delegate powers
Part 5. Access, use and privilege of "onboard recording" and "communication record", power of court or inquest, access and use of statements used in investigation, rules for protection of identity and certain information privileged
47. Definition of "on-board recording"
48. Privilege for on-board recordings
49. Access by Aviation Safety Investigation Board
50. Use of on-board recording by Aviation Safety Investigation Board
51. Access to on-board recording by peace officers, inquests and other investigators
52. Power of court or inquest
53. Use of "on-board recording" prohibited
54. Definition of "communication record"
55. Statement privileged
56. Access by judicial inquest and other investigators
57. Power of court or an inquest with regard to statements
58. Use of statement prohibited
59. Reporting of aircraft accidents and aircraft incidents
60. Certain information privileged
61. Use of report made to Aviation Safety Investigation Board under voluntary reporting system established by rules prohibited
62. Appearance of investigator
63. Opinions inadmissible
Part 6. Rules
64. Rules
Part 7. Offences
65. Offences
66. Evidence
Part 8. Transitional arrangements and liability of members, staff and accredited representatives, experts and advisors of Aviation Safety Investigation Board
67. Investigations
68. Liability of members, staff and accredited representatives, experts and advisers of Aviation Safety Investigation Board
CHAPTER 5. COMMISSIONS AND BOARDS OF INQUIRY
69. Commission of Inquiry in terms of Constitution
70. Boards of inquiry into certain offences
CHAPTER 6. [No title]
Part 1. Civil Aviation Authority
71. Establishment of Civil Aviation Authority
72. Objects of Civil Aviation Authority
73. Functions of Civil Aviation Authority
74. Funding of Civil Aviation Authority
Part 2. Civil Aviation Authority Board
75. Establishment of Civil Aviation Authority Board
76. Functions and responsibilities of Civil Aviation Authority Board
77. Appointment of Civil Aviation Authority Board
78. Meetings of Civil Aviation Authority Board
79. Minutes of Civil Aviation Authority Board Meetings
80. Removal of member of Civil Aviation Authority Board from office
81. Committees of the Civil Aviation Authority Board
82. Remuneration of members of Civil Aviation Authority Board
83. Corporate governance plan
84. Conflict of interest
Part 3. Director of Civil Aviation Authority
85. Appointment and removal of Director
86. Duties of Director
87. Responsibilities of Director
88. Powers of Director
89. Assignment and delegation by Director
90. Appointment of acting Director
91. Consultation
92. Performance
93. Conflict of interest
Part 4. General provisions regarding the Civil Aviation Authority
94. Performance agreement between Minister, the Civil Aviation Authority Board and Director
95. Application of Public Finance Management Act
96. Appointment and remuneration of staff of Civil Aviation Authority
97. Restriction on use of name
98. Conflict of interest
99. Limitation of liability

100. Ministerial order
101. Judicial management and liquidation of the Civil Aviation Authority
Part 5. Aviation security
102. National civil aviation security policies
103. National aviation security responsibilities of Department
104. National Aviation Security Committee
105. Objects of the National Aviation Security Committee
106. Meetings of the National Aviation Security Committee
107. Security program information confidential
108. Designation of staff of National Aviation Security Committee by Director
109. Aviation security program submitted to Minister for approval
110. Determinations by Minister
111. Aviation participants required to have national aviation security program
112. Offences
CHAPTER 7. MONITORING AND ENFORCEMENT OF REGULATORY COMPLIANCE BY CIVIL AVIATION AUTHORITY AND THE ISSUING OF COMPLIANCE NOTICES
113. Monitoring of regulatory compliance
114. Compliance notices
115. Grounding of aircraft and closing of facility by authorised officer or inspector
116. Prohibition on exercising of certain privileges of any aviation certificate, permit or authorisation by authorised officers or inspectors
CHAPTER 8. [No title]
Part 1. Internal appeal against decisions of inspectors and authorised officers and director
117. Decision and procedural rights
118. Appeal against decisions of authorised officers, authorised persons and inspectors
119. Appeal against refusal, cancellation, endorsement of medical certificate or declaration of unfitness
120. Appeal against decisions of Director
121. Submission of appeal to appeal committee
Part 2. Appeal committees
122. Composition of appeal committees
123. Conditions of service, remuneration, allowances of members of appeal committees and resignation of members
124. Quorum and meetings of appeal committees
125. Decisions of appeal committees
126. General provisions regarding appeal committees
127. Appeal against decision of appeal committees
128. Administrative work of appeal committees
CHAPTER 9. PROCEDURES FOR IDENTIFYING AND NOTIFYING OF DIFFERENCES, ISSUANCE OF EXEMPTIONS BY DIRECTOR AND INTERCEPTION ORDERS
129. Procedures for identifying and notifying of differences
130. Issuance of exemptions by Director
131. Compliance with Annex 2 of the Convention in respect of Marshalling Signals, Interception Manoeuvres and Orders
CHAPTER 10. TRANSFER OF CERTAIN FUNCTIONS AND DUTIES IN TERMS OF ARTICLE 83bis OF CONVENTION
132. Transfer of certain functions and duties
CHAPTER 11. [No title]
Part 1. Offences and penalties
133. Offences and penalties
134. Interference with operation of air carrier, airport or heliport
135. Nuisance, disorderly or indecent act on board any aircraft
136. Interference with Director, member or staff of Aviation Safety Investigation Board, staff of Civil Aviation Authority or member of Civil Aviation Authority Board
137. Smoking on board aircraft, tampering with smoke detectors, operating portable electronic device when prohibited and refusing to obey lawful instruction
138. Illegal practices in connection with cargo, baggage, mail or other goods
139. Prohibition and control in aircraft
140. Prohibition and control in restricted areas
141. Prohibition and control in aviation facilities and air navigation facilities
142. Prohibition of conveyance of conventional arms, drugs or animal product in aircraft and interference with an aircraft in flight in order to exercise criminal jurisdiction
143. Threat to safety and security
144. Penalties for contraventions other than sections 133 to 142, 145,148 and the imposition of administrative penalties
Part 2. Search, seizure and powers of arrest of authorised persons, offences and penalties in connection with such search and seizures by authorised persons
145. Search, seizure and powers of arrest by authorised persons
146. Seizure or retention of harmful articles
147. Powers of arrest of authorised person
148. Call for identification
CHAPTER 12. DELEGATION OF POWERS, ACTS AND OMISSIONS TAKING PLACE OUTSIDE REPUBLIC, JURISDICTION, EXTRADITION AND ADMISSIBILITY OF CERTAIN STATEMENTS
149. Delegation of powers
150. Acts or omissions taking place outside Republic
151. Jurisdiction
152. Extradition
153. Admissibility of certain statements
CHAPTER 13. POWERS OF COMMANDER ON BOARD AIRCRAFT AND PENALTIES IN CONNECTION WITH ANY CONTRAVENTION THEREOF
154. Powers on board aircraft
CHAPTER 14. [No title]
Part 1. Regulations
155. Regulations
Part 2. Application of consultative structures and Civil Aviation Regulations Committee
156. Application
157. Institution of Committee
158. Meeting of the Committee
159. Subcommittees of Committee
160. Remuneration of Members
161. Administration
162. Emergency regulations
CHAPTER 15. TECHNICAL STANDARDS
163. Technical standards for civil aviation
CHAPTER 16. TRANSITIONAL PROVISIONS, REPEAL AND AMENDMENT OF LAWS, ACT BINDING ON STATE AND SHORT TITLE AND COMMENCEMENT
164. Transitional provisions
165. Matters pending under previous Acts
166. Amendment and repeal of laws
167. Act binding on State
168. Short title and commencement
Sch. 1 SCHEDULE 1. LAWS AMENDED [s1; s166]
Sch. 2 SCHEDULE 2. LAWS REPEALED  [s1; s164; s166]
Sch. 3 SCHEDULE 3. CONVENTION ON INTERNATIONAL CIVIL AVIATION (ARTICLES 1 - 96) [s1]
Sch. 4 SCHEDULE 4. INTERNATIONAL AIR SERVICES TRANSIT AGREEMENT (ARTICLES 1 - VI)  [s1]
Sch. 5 SCHEDULE 5. CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT ACT, 2007 (ACT 4 OF 2007) [s1; s73]
Sch. 6 SCHEDULE 6. CONVENTION ON THE INTERNATIONAL RECOGNITION OF RIGHTS IN AIRCRAFT ACT, 1993 (ACT 59 OF 1993) [s1; s73]

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