- AIRPORTS
COMPANY
ACT NO>.
44
OF
1993
-
[ASSENTED
TO
25
MARCH,
1993][DATE
OF COMMENCEMENT:
9
APRIL,
1993]
-
- (Unless
otherwise
indicated)
-
- (Afrikaans
text
signed
by
the
State
President)
-
- ACT
-
- To
provide
for
the
transfer
of
certain
assets
and
fnuctions
of
the State
to
a
public
company
to
be
established
and
for
matters
connected
therewith.
-
- 1.
Definitions.—In
this
Act,
unless
the
context
otherwise
indicates—
-
- “airport”
means
an
airport
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
(1)
(a)
of
this
Act;
-
- “airport
charge”
means
an
amount
levied
by
the
compan—y
-
- (a)on
an
operator
of
an
aircraft
in
connection
with
the
landing, parking
or
takeoff
of
such
aircraft
at
a
company
airport,
including
an
amount
determined
to
any
extent
by
reference
to
-
the
number
of
passengers
on
board
an
aircraft;
or
-
- (b)on
aircraft
passengers
in
connection
with
their
arrival
at
or departure
from
a
company
airport
by
means
of
an
aircraft;
-
- “Committee”
means
the
Regulating
Committee
established
by section
11;
-
- “company”
means
the
Airports
Company
Limited
contemplated in
section
2;
-
- “company
airport”
means
an
airport
contemplated
in
section
4; “Department”
means
the
Department
of
Transport;
-
“financial
year”,
in
relation
to
the
company,
means
a
year
-
terminating
on
the
last
day
of
March;
“Minister”
means
the
Minister
of
Transport;
-
“permission”
means
a
permission
mentioned
in
seciton
12
(1);
-
- “relevant
activity”,
in
relation
to
a
company
airport,
means
the provision
at
such
airport
of
any
service
or
facility
for
the
-
purposes
of—
-
- (a)the
landing,
parking
or
tak-eoff
of
an
aircraft;
-
- (b)the
servicing
of
an
aircraft,
inclduing
the
supply
of
fuel;
or
-
- (c)the
handling
of
aircraft
passengers
or
their
baggage
or
of
-
cargo
at
all
stages
while
they
are
or
it
is
on
the
premises
of
such
-
airport,
including
the
transfer
of
such
passengers,
their
baggage or
such
cargo
to
and
from
an
aircraft;
-
- “Shareholding
Minister”
means
the
Minister
mentioned
in section
3
(4);
-
- “transfer
date”
means
the
date
on
which
the
Minister
gives effect
to
the
provisions
of
section
6
(1),
and
which
shall
be published
by
the
Minister
by
notice
in
the
Gazette.
-
- 2.
Establishment
of
public
company—.(1)
On
a
date
to
be fixed
by
the
Minister
by
notice
in
the
Gazette
there
shall
be established
a
public
company
to
be
known
as
the
Airports Company
Limited.
-
- (2)
Notwithstanding
the
provisions
of
the
Companies
Act,
1973 (Act
No.
61
of
1973),
the
Shareholding
Minister
shall
on
behalf of
the
State
sign
the
memorandum
of
association
and
the
-
articles
of
association
of
the
proposed
company.
-
- (3)
If
the
memorandum
of
association
and
teh
articles
of association
have
been
so
signed
they
shall,
as
far
as
the
signing thereof
is
concerned,
be
deemed
to
comply
with
the
-
requirements
of
the
Companies
Act,
1973,
for
the
registration
in terms
of
the
said
Act,
of
any
such
memorandum
or
aritcles.
-
- (4)
On
receipt
of
the
memorandum
and
articles
so
signed
the registrar
of
companies
shall
register
the
said
memorandum
and articles
as
contemplated
in
section
63
of
the
Companies
Act,
-
1973,
and
endorse
thereon
a
certificate
that
the
companyis
incorporated.
-
- (5)
No
fees
shall
be
payable
in
terms
of
the
Companies
Act,
-
1973,
in
respect
of
the
checking
of
documents,
the
reservation of
the
name,
the
registration
of
the
said
memorandum
and articles
and
the
issue
of
a
certificate
to
commence
business.
-
- (6)
The
provisions
of
sections
66
and
344
(d)
of
the
Companies Act,
1973,
shall
not
apply
to
the
company
as
long
as
the
State
is the
sole
member
and
shareholder
of
the
company.
-
- (7)
(a)
The
directors
shall
be
no-nexecutive
and
executive
directors.
-
- (b)
The
majority
of
the
directors
shall
be
no-nexecutive
directors.
-
(c)
The
majority
of
the
non-executive
directors
shall
be
persons who
are
not
officers
or
employees
as
defined
in
section
1 of
the Public
Service
Act,
1984
(Act
No.
111
of
1984).
-
- (d)
The
Shareholding
Minister
shall,
in
appointing
the
no-n
executive
directors
contemplated
in
paragraph
(c),
consult
with appropriate
interested
parties.
-
3.
Share
capital
of
company.—(1)
The
State
shall
be
the holder
of
the
shares
in
the
company.
-
- (2)
The
said
shares
shall
only
be
sold
or
otherwise
disposed
of with
the
approval,
by
resolution,
of
Parliament.
-
- (3)
The
rights
attached
to
the
shares
of
which
the
State
is
the holder
shall
be
exercised
by
theShareholding
Minister
on
behalf of
the
State.
-
- (4)
The
State
President
shall
designate
a
Minister
as
the
-
Shareholding
Minister.
-
- 4.
Objects
of
company.—The
objects
of
the
company
are
the acquisition,
establishment,
development,
provision,
maintenance,
management,
control
or
operation
of
any
airport,
-
any
part
of
any
airport
or
any
facility
or
service
at
any
airport
-
normally
related
to
the
functioning
of
an
airport.
-
- 5.
Functions
of
company.—(1)
The
functions
of
the
company shall
be
to
achieve
its
objects
with
the
means
at
its
disposal.
-
- (2)
The
company
shall—
-
- (a)not
have
any
financial
interest,
direct
or
indirect,
in
the provision
of
any
air
service
as
defined
in
section
1
of
the
Air Services
Licensing
Act,
1990
(Act
No.
151
of
1990),
or
in
-
section
1
of
the
International
Air
Services
Act,
1949
(Act
No.
-
51
of
1949);
-
- (b)not
unduly
discriminate
against
or
among
various
users
or categories
of
users
of
any
company
airport;
-
- (c)conduct
its
business
in
such
a
manner
thatthe
national
interest
is
not
jeopardized;
-
- (d)conduct
its
business
in
such
a
manner
as
to
ensure
that
the company
does
not
engage
in
any
restrictive
practice
as
defined in
section
1
of
the
Maintenance
and
Promotion
of
Competition Act,
1979
(Act
No.
96
of
1979);
-
- (e)not
change
the
level
or
modify
the
structure
of
any
airport charge
more
than
twice
within
a
financial
year;
-
- (f)publish
any
airport
charge
by
notice
in
the
Gazette
at
least three
months
prior
to
the
coming
into
operation
of
suhc
charge; and
-
- (g)take
all
the
necessary
steps
to
facilitate
the
performance
of any
function
or
duty
by
any
department
of
State
at
a
company airport
in
terms
of
any
law.
-
- (3)
The
company
may,
in
order
to
perform
its
functions
or
-
attain
any
of
its
objects,
raise
money
from
time
to
time
with
the approval
of
the
Shareholding
Minister
and
the
Minister
of
-
Finance
by
way
of
loans
from
any
source.
-
- 6.
Transfer
of
aerodromes
to
company—.(1)
On
or
after
1
-
April
1993,
subject
to
the
provisionsof
this
section
and
after
consultation
with
the
Shareholding
Minister,
the
Minister
of Public
Works
and
the
Minister
of
Finance,
the
Ministe—r
-
- (a)shall
by
agreement—
-
(i)transfer
to
the
company
the
responsibility
for
the
maintenance,
management,
control
and
operation
of
all
the
aerodromes
which
have
been
or
are
in
the
process
of
being
established
by
the
said
date
in
terms
of
section
6
of
the
Aviation
Act,
1962
(Act
No.
74
of
1962);
and
-
(ii)transfer
to
the
company
such
assets
owned
by,
ro
liabilities,
rights
or
obligations
of,
the
State
as
may
be
necessary
for
the effective
maintenance,
management,
control
and
operation
of
-
the
said
aerodromes;
and
-
- (b)may
under
subsection
(3)
or
(4)
transfer
any
person
to
the company
or
make
available
the
services
of
any
person
to
the company.
-
- (2)
The
agreement
mentioned
in
subsection
(1)
(a)
shall
include
provisions
concerning—
-
- (a)the
relationship
between
the
company
and
the
State
as member
and
shareholder
of
the
company;
-
- (b)the
extent
of
the
assets,
liabilities,
rights
and
obligations
to be
transferred
in
terms
of
that
subsection;
or
-
- (c)any
other
matter
which
the
Minister
deems
expedient
for
the functioning
of
the
company.
-
- (3)
The
Minister
may,
in
accordance
with
the
rpovisions
of
an agreement
concluded
between
the
Department
and
the
-
company,
with
the
concurrence
of
the
Commission
for
-
Administration
transfer
to
the
company
any
person
who
is
an officer
or
employee
in
the
Department
in
terms
of
the
Public Service
Act,
1984
(Act
No.
111
of
1984).
-
- (4)
(a)
Notwithstanding
any
provision
to
the
contrary
in
any other
law,
the
Minister
may
make
available
to
the
company
the services
of
any
person
who
is
an
officer
or
employee
in
the Department
in
terms
of
thePublic
Service
Act,
1984
(Act
No.
-
111
of
1984),
and
place
such
person
under
the
control
of
the company
for
such
period
as
he
may
deem
fit
but
without
-
prejudice
to
such
person’s
position
as
such
officer
or
employee.
-
- (b)
The
company
shall
compensate
the
Department
at
a
scale determined
by
the
Minister,
with
the
concurrence
of
the
-
Minister
of
State
Expenditure,
for
the
services
of
any
person
so
-
made
available
to
the
company.
-
- (c)
A
person
dealt
with
in
accordance
with
paragraph
(a)
may within
90
days
after
such
action
make
representations
to
the Minister
advancing
reasons
for
his
services
not
being
made available
to
the
company
under
paragraph
(a),
whereupon
the Minister
may
amend
or
withdraw
his
decision.
-
- (d)
The
Minister
may
delegate,
on
such
conditions
as
he
may deem
fit,
to
an
officer
in
the
Department
any
power
granted
to him
by
this
subsection.
-
- (5)
The
company
shall,
as
consideration
for
the
transfer
of assets,
liabilities,
rights
or
obligations
in
terms
of
subsecotni
(a),
issue
to
the
State
additional
fully
pai-dup
shares
in
the company
to
a
value
determined
by
the
Minister,
with
the concurrence
of
the
Minister
of
Finance,
the
Minister
of
Public Works
and
the
Shareholding
Minister
and
after
consultation
-
- (1)
- with
the
company,
and
such
value
shall
be
deemed
to
be reasonable
consideration
for
such
transfer.
-
(6)
Notwithstanding
any
provision
to
the
contrary
in
any
other law,
the
company
shall
on the
transfer
date
become
the
owner
of the
assets,
movable
and
immovable,
transferred
to
it
in
terms
of subsection
(1)
(a).
-
- (7)
Notwithstanding
the
provisions
of
section
5
of
the
State Land
Disposal
Act,
1961
(Act
No.
48
of
1961),
and
section
18 of
the
Deeds
Registries
Act,
1937
(Act
No.
47
of
1937),
a
-
registrar
as
defined
in
section
102
of
the
Deeds
Registries
Act,
-
1937,
shall,
on
submission
to
him
of
a
certificate
by
the
-
Minister
of
Public
Works
that
State
land
has
been
transferred
in terms
of
subsection
(1)
(a),
free
of
charge
make
such
entreis
and endorsements
as
he
may
deem
necessary
in
or
on
any
-
appropriate
register,
title
deed
or
other
document
in
his
office
or laid
before
him,
in
order
to
register
the
transfer
of
such
land
in the
name
of
the
company.
-
- (8)
A
registrar
referred
to
in
subsection
(7)
shall,
on
submission to
him
of
a
certificate
by
the
Minister
of
Public
Works
that
a servitude,
other
real
right
or
lease
has
been
transferred
in
terms of
subsection
(1)
(a)
or
that
a
servitude
exists
over
State
land which
has
been
transferred
in
terms
of
that
subsection,
free
of charge
make
such
entries
and
endorsements
as
he
may
deem
-
necessary
in
or
on
any
appropriate
register,
title
deed
or
other document
in
his
office
or
laid
before
him,
in
order
t—o
-
- (a)register
the
transfer
of
such
servitude,
other
real
right
or
lease in
the
name
of
the
company;
or
-
- (b)confirm
the
existence
of
the
servitude
over
the
State
land
so transferred
in
favour
of
any
other
person.
-
- (9)
Notwithstanding
legal
provisions
to
the
contrary,no
servitude
or
other
right
of
any
kind
in
respect
of
State
land transferred
to
the
company
in
terms
of
subsection
(1)
(a)
shall be
acquired
by
prescription.
-
- (10)
The
company
shall
be
substituted
for
the
State
as
a contracting
party
in
respectof
any
contract
transferred
to
the company
in
terms
of
subsection
(1)
(a),
without
such
substitution
bringing
about
novation
of
such
contract.
-
- (11)
Any
litigation
resulting
from
any
cause
of
action
in relation
to
the
maintenance,
management,
cotnrol
and
operation of
an
aerodrome
transferred
to
the
company
in
terms
of subsection
(1)
(a)
which
arose—
-
- (a)before
the
transfer
date,
shall
be
conducted
by
or
against
the
-
State,
as
the
case
may
be;
and
-
- (b)on
or
after
the
transfer
date,
shall
eb
conducted
by
or
against the
company,
as
the
case
may
be.
-
- (12)
Notwithstanding
any
provision
to
the
contrary
in
any
other law,
the
company
shall
be
exempt
from
any
stamp
duties,
-
transfer
duties
or
registering
fees
payable
in
terms
of
any
law
in relation
to
the
transfer
to
the
company
of
assets
or
rights
in terms
of
subsection
(1)
(a).
-
- (13)
Unless
otherwise
provided
for
in
this
Act,
the
company shall
not
alienate
or
encumber,
otherwise
than
in
the
normal
-
course
of
its
business,
assetstransferred
to
the
company
in terms
of
subsection
(1)
(a)
having
a
value
of
more
than
10
per cent
of
the
value
contemplated
in
subsection
(5).
-
- (14)
For
the
purposes
of
the
Income
Tax
Act,
1962
(Act
No.
58 of
1962),
the
assets
mentioned
in
subseciton
(1)
(a)
shall
be deemed
to
have
been
acquired
in
terms
of
that
subsection
by
the company
at
a
price
equivalent
to
the
value
determined
in
terms of
subsection
(5).
-
- 7.
Submission
of
business
plan—.(1)
Unless
otherwise
-
provided
for
in
this
Act,
the
company
shall
not
later
than
three months
prior
to
the
commencement
of
any
financial
year,
-
submit
to
the
Shareholding
Minister
a
business
plan.
-
- (2)
The
said
business
plan
shall
in
respect
of
the
ensuing
financial
year
and
each
of
the
fourimmediately
following
financial
years,
contain
the
prescribed
information
and
such other
information
as
the
Shareholding
Minister
may
require.
-
- (3)
The
procedures
for
approving
that
business
plan
shall
be
as prescribed.
-
- 8.
Annual
report.—(1)
The
company
shall
submit
to
the
-
Shareholding
Minister
an
annual
report,
including
its
audited
-
and
approved
financial
statements
in
respect
of
all
its
business
-
and
in
respect
of
each
company
airport
separately,
within
three months
of
the
end
of
each
financial
year.
-
- (2)
The
Shareholding
Minister
shall
lay
the
said
report
upon
the Table
in
Parliament
within
30
days
after
the
receipt
thereof,
if Parliament
is
in
session,
or,
if
Parliament
is
not
then
in
session, within
30
days
after
the
commencement
of
its
next
ensuing
-
session.
-
- 9.
Sale
of
expropriated
land—.Any
land
expropriated
by
the State
under
section
3
(2)
(h)
of
the
Expropriation
Act,
1975 (Act
No.
63
of
1975),
read
with
section
16
of
this
Act,
and transferred
to
the
company
in
terms
of
the
first-mentioned
Act, shall
not
be
sold
without
the
consent
of
the
Shareholding
Minister.
-
- 10.
Minister
may
issue
orders.—(1)
The
Minister
may
by
-
order
require
the
company
to
do
or
not
to
do
what
is
mentioned
-
in
the
order,
if
the
Minister
considers
it
necessary
or
expedient so
to
order—
-
- (a)in
the
interest
of
national
security;
or
-
- (b)to
discharge
or
facilitate
the
discharge
of
an
international
obligation
of
the
State.
-
- (2)
Any
order
under
subsection
(1)
shall
not
beinconsistent
with
the
provisions
of
the
Aviation
Act,
1962
(Act
No.
74
of
-
1962),
or
the
Civil
Aviation
Offences
Act,
1972
(Act
No.
10
of
-
1972),
unless
such
inconsistency
is
in
the
interest
of
national
-
security.
-
- (3)
The
Minister
shall
consult
-
- iwth
the
company
prior
to
an
- order
by
him
under
subsection
(1).
-
- (4)
The
company
shall
take
all
the
necessary
steps
to
give
effect to
an
order
under
subsection
(1).
- (5)
The
Minister
shall
to
such
extent
as
he
may
determine
with the
concurrence
of
the
Minister
of
State
Expenditure,
out
of moneys
appropriated
by
Parliament
compensate
the
company
-
for
any
cost
which
the
company
cannot
readily
recover
from
the users
of
company
airports
and
which
it
incurs
as
a
direct
result of
any
order
by
the
Minister
under
subsection
(1).
-
- (6)
No
person
shall
disclose
any
order
under
subsection
(1)
or thing
done
by
virtue
of
such
order
if
the
Minister
has
stated
in such
order
that
the
disclosure
of
such
order
or
thing
is
contrary to
national
security
or
relations
with
a
country
or
territory
outside
the
Republic.
-
- (7)
The
Minister
shall
lay
a
copy
of
every
order
under subsection
(1)
of
this
section,
except
an
order
contemplated
in subsection
(6)
of
this
section,
upon
the
Table
in
Parliamentni
the
manner
contemplated
in
section
8
(2)
within
30
days
after
it was
issued.
-
- (8)
Any
person
who
contravenes
the
provisions
of
subsection
-
(6)
shall
be
guilty
of
an
offence
and
liable
on
conviction
to
a
-
fine
or
to
imprisonment
for
a
period
notexceeding
five
years
or to
both
a
fine
and
such
imprisonment.
-
- 11.
Regulating
Committee.—(1)
There
is
hereby
established
a committee
to
be
known
as
the
Regulating
Committee.
-
- (2)
The
members
of
the
Committee
shall
be
appointed
by
the
-
Minister
and
shall
consist
of—
(a)a
chairman;
and
-
(b)four
other
persons,
of
whom
at
least
two
are
not
officers
or employees
as
defined
in
section
1
of
the
Public
Service
Act,
-
1984
(Act
No.
111
of
1984),
-
- who,
in
the
opinion
of
the
Minister,
are
suitabyl
qualified
to perform
the
functions
or
exercise
the
powers
of
the
Committee
-
in
terms
of
this
Act
and
the
Air
Traffic
and
Navigation
Services
-
Company
Act,
1993.
-
- (3)
A
member
of
the
Committe
shall
hold
office
on
such conditions
as
may
be
prescribed.
-
- (4)
A
member
of
the
Committee
who
is
not
an
officer
or
an employee
as
defined
in
section
1
of
the
Public
Service
Act,
-
1984
(Act
No.
111
of
1984),
shall
receive,
from
money
appropriated
by
Parliament
for
this
purpose,
such
remuneration and
allowances
as
may
be
determined
by
the
Minister
with
the concurrence
of
the
Minister
of
State
Expenditure.
-
- (5)
Subject
to
the
provisions
of
this
Act
and
the
Air
Traffic
and
-
Navigation
Services
Company
Act,
1993,
the
Committee
shall,
-
after
consultation
with
the
Minister,
determine
the
procedures
to be
followed
in
the
performance
of
its
functions
or
the
exercise of
its
powers.
-
- (6)
All
administrative
work
in
connection
with
the
performance of
the
functions
or
the
exercise
of
the
powers
of
hte
Committee shall
be
done
by
officers
and
employees
in
the
Department
designated
for
such
purpose
by
the
Directo-rGeneral:
Transport.
-
- (7)
The
Committee
shall
as
soon
as
practicable
after
31
March
-
of
each
year
but
not
later
than
30
June
of
that
eyar
submit
to
the
-
Minister
a
report
giving
particulars
regarding
the
activities
of the
Committee
during
the
year
which
ended
on
the
firs-t
-
mentioned
date.
-
- (8)
The
Minister
shall
lay
a
copy
of
the
report
mentioned
in subsection
(7)
of
this
section
upon
the
Table
in
Parliament
in
-
the
manner
contemplated
in
section
8
(2)
within
30
days
after
it was
submitted
to
him.
-
- 12.
Economic
regulation
of
company—.(1)
The
company
-
shall
not
levy
any
airport
charge
at
any
company
airport
unless
-
it
is
in
possession
of
a
valid
written
permission
thereto.
-
- (2)
Unless
otherwise
provided
for
in
this
Act,
the
company
-
shall
apply
to
the
Committee
for
the
issuing
of
a
permission,
at
-
the
beginning
of
the
third
financial
year
of
the
period
of
validity
-
of
any
permission
held
by
the
company.
-
- (3)
Any
such
application
shall
in
respect
of
the
financial
year mentioned
in
subsection
(2)
of
this
section,
be
accompanied
by the
approved
business
plan
contemplated
in
section
7.
-
- (4)
The
company
shall,
at
the
request
of
the
Committee,
make available
to
the
Committee
such
information
pertaining
to
the matters
mentioned
in
subsection
(10)
as
may
be
required
by
the Committee.
-
- (5)
The
Committee
shall,
within
six
months
after
receipt
of
an application
mentioned
in
subsection
(2),
issue
to
the
company
a permission,
which
shall
be
valid
from
the
beginning
of
the ensuing
financial
year.
-
- (6)
A
permission
shall
be
valid
for
a
period
of
five
financial years.
-
- (7)
The
Committee
shall,
as
condtiions
of
the
permission
issued in
terms
of
subsection
(5)—
-
- (a)for
each
company
airport
or
jointly
for
all
company
airports,
determine
for
each
financial
year
for
which
a
permission
is valid—
-
- (i)a
limit
on
the
total
amount
that
may
be
levied
byway
of
all airport
charges;
-
- (ii)a
limit
on
the
amount
of
any
particular
airport
charge
or
any category
of
airport
charges;
or
-
- (iii)a
combination
of
the
limits
mentioned
in
subparagraphs
(i)
-
and
(ii);
and
-
- (b)prescribe
in
respect
of
any
relevnat
activity
at
any
or
all company
airports
service
standards
which
shall
conform
to
internationally
accepted
and
recommended
practices.
-
- (8)
The
Committee
shall
not
amend
any
condition
in
respect
of the
last
two
financial
years
of
a
permission
metnioned
in subsection
(2)
which
will
be
replaced
by
the
permission
to
be issued
in
terms
of
subsection
(5).
-
- (9)
In
performing
any
function
in
terms
of
subsection
(7),
the
-
Committee
may
consult
with
interested
parties
as
it
thinks
fit. (10)
The
Committee
shall
perform
its
functions
in
terms
of
-
subsection
(7)
in
such
manner
as
it
deems
is
best
calculated to—
-
- (a)restrain
the
company
from
abusing
its
monopoly
position,
in such
a
manner
as
not
to
place
undue
restrictions
on
the company’s
commercial
activities;
-
- (b)promote
the
reasonable
interests
and
needs
of
users
of company
airports;
-
- (c)promote
the
safe,
efficient,
economical
and
profitable
operation
of
company
airports;
-
- (d)encourage
timely
improvement
of
facilities
at
compayn
-
airports
so
as
to
satisfy
anticipated
demands
by
the
users
of
the airports;
and
-
- (e)ensure
that
the
company,
after
taking
into
consideration
any compensation
paid
or
to
be
paid
to
the
company
by
the
State
in terms
of
the
provisions
of
this
Actor
any
other
law,
is
able
to finance
its
obligations
and
has
a
reasonable
prospect
of
earning a
commercial
return.
-
- (11)
The
Committee
may
at
any
time
amend
any
condition,
mentioned
in
subsection
(7),
of
a
permission,
if
the
Minister
approves
such
amendment.
-
- (12)
The
company
shall
at
all
times
comply
with
the
conditions
mentioned
in
subsection
(7).
-
- 13.
Sale
or
closure
of
aerodrome
or
curtailment
of
relevant
activity.—(1)
If
the
company
has
indicated
in
a
business
plan
contemplated
in
section
7
that
it
intends
to
close
or
sell
any aerodrome
contemplated
in
section
6
(1)
(a)
or
to
terminate
or substantially
curtail
a
relevant
activity
which
was
carried
on
by the
Department
or
any
person
on
behalf
of
the
Department
immediately
prior
to
the
transfer
date
at
any
such
aerodrome,
-
the
company
shall
at
the
same
time
as
it
submits
such
business
-
plan
to
the
Shareholding
Minister
in
terms
of
section
7,
submit a
copy
thereof
to
the
Committee.
-
- (2)
The
Committee
shall—
-
- (a)consider
and
evaluate
the
implications
of
the
intended
action of
the
company
mentioned
in
subsection
(1)
fo—r
-
- (i)the
transport
system
of
the
Republic;
-
(ii)the
users
of
the
said
aerodrome
or
relevant
activity;
(iii)the
community
or
region
which
the
asid
aerodrome
serves;
-
and
-
- (iv)any
other
affected
institution
or
person;
and
-
- (b)make
recommendations
to
the
Minister
regarding
any
action which
he
may
take
in
terms
of
subsection
(3)
or
(4).
-
- (3)
The
company
shall
not,
unless
agreed
to
by
the
iMnister
with
the
concurrence
of
the
Shareholding
Minister,
take
any
action
contemplated
in
subsection
(1)
unless
it
has
indicated
at
least
three
financial
years
prior
to
taking
such
action,
its intentions
in
that
regard.
-
(4)
The
Minister
may,
with
the
concurrence
of
the Shareholding
Minister
and
the
Minister
of
State
Expenditure,
compensate
the
company
from
moneys
appropriated
by
-
Parliament
for
the
continued
operation
of
an
aerodrome
or carrying
on
of
a
relevant
activity
contemplated
insubsection
(1).
-
- 14.
Failure
of
company
to
comply
with
provisions—.(1)
Any
person
who
feels
aggrieved
by
the
failure
of
the
company
to comply
with
any
provision
of
section
5
(2)
or
12
(1)
or
(12), may
lodge
with
the
Committee
a
complaint,
whihc
shall
be accompanied
by
proof
of
the
failure.
-
- (2)
On
receipt
of
any
such
complaint,
or
if
the
Committee
on reasonable
grounds
suspects
that
the
company
fails
so
to comply,
the
Committee
shall
investigate
such
complaint
or suspicion.
-
- (3)
If,
after
such
an
investigation,
the
Committee
is
satisfied that
the
company
fails
to
comply
with
any
provision
mentioned
-
in
subsection
(1),
the
Committee
ma—y
-
- (a)in
writing
direct
the
company
to
comply
with
such
provision within
the
period
determined
by
the
Committee;
-
- (b)by
notice
in
the
Gazette,
declare
unlawful
any
action
of
the company
in
relation
to
its
non-compliance
with
the
said provision;
-
- (c)in
writing
direct
the
company
to
compensate
for
any
loss sustained
by
or
damage
done
toany
person
as
a
result
of
such action
of
the
company;
or
-
- (d)in
writing
withdraw
or
suspend,
on
such
conditions
as
may be
determined
by
the
Committee,
any
permission
issued
in terms
of
section
12
(5).
-
- (4)
The
Committee
shall
not
act
under
subscetion
(3)
(b),
(c)
or
-
(d)
unless—
-
- (a)the
Committee
has
notified
the
company
in
writing
of
its intention
to
take
such
action;
and
-
- (b)the
Committee
has
given
the
company
the
opportunity
to address
representations
to
the
Committee,
within
the
peroid
determined
by
the
Committee,
in
respect
of
the
said
no-n
compliance.
-
- 15.
Regulations.—(1)
The
Minister
may
make
regulation—s
-
- (a)regarding
any
matter
which
in
terms
of
this
Act
is
permitted or
required
to
be
prescribed;
-
- (b)after
consultation
with
the
Minister
of
Trade
and
Industry,
regarding
the
sale
of
liquor,
as
defined
in
section
1
of
the
Liquor Act,
1989
(Act
No.
27
of
1989),
on
the
premises
of
any
-
company
airport;
-
(c)after
consultation
with
the
Minister
of Law
and
Order, regarding
security
arrangements
in
respect
of
any
company airport;
-
- (d)regarding
any
other
matter
the
regulation
of
which
may,
in
-
the
opinion
of
the
Minister,
be
necessary
or
desirable
in
order
to
-
achieve
or
promote
the
objects
of
this
Act.
-
- (2)
A
regulation
under
subsection
(1)
may,
for
any
-
contravention
thereof
or
failure
to
comply
therewith,
prescribe
a penalty
of
a
fine
or
imprisonment
for
a
period
not
exceeding
six months
or
of
both
a
fine
and
such
imprisonment.
-
- 16.
Interpretation
of
Act
63
of
1975.—As
from
the
date
of
the
establishment
of
the
company,
section
3
(2)
(h)
of
the
Expropriation
Act,
1975
(Act
No.
63
of
1975),
shall
be
deemed to
include
the
company.
-
- 17.
Transitional
provisions.—(1)
Notwithstanding
any provision
to
the
contrary
in
any
other
law,
the
Minister
may, during
the
period
from
the
date
on
which
this
section
comes
-
into
operation
to
the
transfer
date,
with
the
concurrence
of
the
-
Shareholding
Minister,
the
Minister
of
Finance
and
the
Minister of
State
Expenditure,
take
such
steps
or
authorize
such
thing
to be
done
as
may
be
necessary
to
promot—e
-
- (a)the
transfer
to
the
company
of
aerodromes,
assets,
liabilities,
rights
or
obligations
mentioned
in
section
6
(1)
(a);
and
-
- (b)the
management
on
a
commercial
basis
of
the
aerodromes
mentioned
in
section
6
(1).
-
- (2)
The
steps
contemplated
in
subsection
(1)
may
include,
by notice
in
the
Gazette,
the
conditional
or
unconditional
suspension
of
any
provision
of
any
law:
Provided
that
such suspension
shall—
-
- (a)not
be
inconsistent
with
the
provisions
of
this
Act;
and
-
- (b)lapse
on
the
transfer
date.
-
- (3)
(a)
Notwithstanding
any
provision
to
the
contrary
in
this Act,
during
the
period
mentioned
in
subsection
(1)
the
Minister, the
Shareholding
Minister,
the
Minister
of
State
Expenditure,
-
the
Minister
of
Finance
and
the
company
shall
agree
on
the business
plan
and
the
conditions
of
the
permission
which
will come
into
operation
on
the
transfer
date.
-
- (b)
The
said
permission
shall
lapse
at
the
end
of
the
first financial
year.
-
- (c)
The
company
shall
at
least
six
months
before
the
end
of
the financial
year
mentioned
in
paragraph
(b)
of
this
subsection,
apply
in
the
manner
contemplated
in
section
12
for
a
-
permission.
-
- 18.
Substitution
of
certain
words
in
Act
51
of
1949—.The
International
Air
Services
Act,
1949,
is
hereby
amended
by
the substitution
for
the
words
“aerodrome”
and
“aerodromes”,
wherever
they
occur,
of
the
words
“airport”
and
“airports”,
respectively.
-
- (Date
of
commencement
6
August,
1993.)
-
- 19.
Amends
section
1
of
the
Aviation
Act,
No.
74
of
1962,
as
follows:—paragraph
(a)
deletes
the
definition
of
“aerodrome”;
paragraph
(b)
inserts
the
definition
of
“airport”;
and
paragraph (c)
deletes
the
definition
of
“liquor”.
-
- (Date
of
commencement
of
s.
19:
6
August,
1993.)
-
20.
Repeals
sections
6,
6bis
and
8
of
the
Aviation
Act,
No.
74 of
1962
(date
of
commencement
6
August,
1993).
-
- 21
to
23
inclusive.
Substitute
respectively
sections7,
9
and
10 of
the
Aviation
Act,
No.
74
of
1962.
-
- (Date
of
commencement
of
ss.
21
to
23
inclusive:
6
August,
-
1993.)
-
- 24.
Amends
section
15
(1)
(a)
of
the
Aviation
Act,
No.
74
of
-
1962,
by
deleting
the
words
“or
of
the
South
African
Railways
-
Police
Force”
(date
of
commencement
6
August,
1993).
-
- 25.
Amends
section
22
(1)
of
the
Aviation
Act,
No.
74
of
-
1962,
as
follows:—
paragraph
(a)
substitutes
paragraph
(d)
(ii);
-
paragraph
(b)
adds
paragraph
(d)
(vi);
and
paragraph
(c)
deletes
paragraph
(e).
-
- (Date
of
commencement
of
s.
25:
6
August,
1993.)
-
- 26.
Substitution
of
certain
words
in
Act
74
of
1962—.The
-
Aviation
Act,
1962,
is
hereby
amended,
subject
to
sections
21,
-
22,
23
and
25
of
this
Act,
by
the
substitution
for
the
words
“aerodrome”
and
“aerodromes”,
wherever
they
occur,
of
the words
“airport”
and
“airports”,
respectively.
-
- (Date
of
commencement
6
August,
1993.)
-
- 27.
Amends
section
1
(1)
of
the
Civil
Aviation
Offences
Act, No.
10
of
1972,
as
follows:—paragraph
(a)
deletes
the
-
definition
of
“aerodrome”;
paragraph
(b)
substitutes
the
words
“designated
airport”
and
“airport”
for
the
words
“airport”
and “aerodrome”,
wherever
they
occur
in
the
definition
of
“air
navigation
facility”;
paragraph
(c)
substitutes
thedefinition
of “airport”;
paragraph
(d)
substitutes
the
definition
of
“airport
manager”;
paragraph
(e)
substitutes
paragraph
(b)
of
the definition
of
“authorized
person”;
paragraph
(f)
inserts
the definition
of
“company”;
paragraph
(g)
inserts
the
edfinition
of “designated
airport”;
paragraph
(h)
substitutes
the
definition
of “Minister”;
and
paragraph
(i)
substitutes
the
words
“designated
airport”
for
the
word
“airport”
wherever
it
occurs
in
the definition
of
“restricted
area”.
-
- (Date
of
commencement
of
s.
27:
6
August,
1993.)
-
- 28.
Amends
section
2B
(2)
of
the
Civil
Aviation
Offences
Act, No.
10
of
1972,
by
substituting
paragraph
(a)
(date
of commencement
6
August,
1993).
-
29.
Amends
section
2J
(4)
of
the
Civil
Aviation
OffencesAct,
No.
10
of
1972,
by
substituting
the
words
“State
Expenditure”
for
the
word
“Finance”
(date
of
commencement
6
August,
-
1993).
-
- 30.
Amends
section
2K
(5)
of
the
Civil
Aviation
Offences
Act, No.
10
of
1972,
by
deleting
the
words
“of
the
Railwya
Police Force
or”
(date
of
commencement
6
August,
1993).
-
- 31.
Amends
section
2L
of
the
Civil
Aviation
Offences
Act,
No.
-
10
of
1972,
by
substituting
subsection
(4)
(date
of
-
commencement
6
August,
1993).
-
- 32.
Amends
section
2M
of
the
Civil
Avaition
Offences
Act,
-
No.
10
of
1972,
by
inserting
the
words
“or
the
managing
director
of
the
company”
after
the
words
“Directo-rGeneral:
Transport”
(date
of
commencement
6
August,
1993).
-
- 33.
Inserts
section
2N
in
the
Civil
Aviation
Offences
Act,No.
-
10
of
1972
(date
of
commencement
6
August,
1993).
-
- 34.
Substitution
of
certain
words
in
Act
10
of
1972—.The
Civil
Aviation
Offences
Act,
1972,
is
hereby
amended,
subject to
section
27
of
this
Act,
by
the
substitution
for
the
words
“aerodrome”
and
“airport”,
wherever
they
occur,
of
the
words “airport”
and
“designated
airport”,
respectively.
-
- (Date
of
commencement
6
August,
1993.)
-
- 35.
Amends
section
3
(1)
of
the
Liquor
Act,
No.
27
of
of
1989, by
substituting
paragraph
(h)
(date
of
ocmmencement
6
August,
-
1993).
-
- 36.
Commencement
of
certain
sections—.Sections
18
up
to
-
and
including
35
shall
come
into
operation
on
the
transfer
date.
-
- 37.
Short
title
and
commencement—.(1)
This
Act
shall
be called
the
Airports
Company
Act,1993,
and
the
provisions
thereof,
other
than
the
provisions
of
sections
18
to
35,
shall come
into
operation
on
a
date
fixed
by
the
State
President
by proclamation
in
the
Gazette.
-
- (2)
Different
dates
may
be
so
fixed
in
respect
of
different
provisions
of
this
Act.
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