- INTERNATIONAL
AIR
SERVICES
ACT NO.
60
OF
1993
-
[ASSENTED
TO
29
APRIL,
1993][DATE
OF COMMENCEMENT:
15
APRIL
1994]
-
- (Afrikaans
text
signed
by
the
State
President)
-
- as
amended
by
-
- Transport
General
Amendment
Act,
No.
16
of
1995
-
- International
Air
Services
Amendment
Act,
No.
10
of
1996
-
- ACT
-
- To
provide
for
the
establishment
of
an
International
Air
-
Services
Council;
for
the
regulation
and
control
of
international
air
services;
and
for
matters
connected
therewith.
-
- PRELIMINARY
-
- 1.
Definitions.—In
this
Act,
unless
the
context
otherwise
indicates—
-
- “airport”
means—
-
- (a)an
airport
as
defined
in
section
1
of
the
Aviation
Act,
1962 (Act
No.
74
of
1962),
which
is
situated
in
the
Republic
and which—
-
- (i)is
appointed
or
prescribed
in
terms
of
section
6
(1)
(e)
ofthe
Customs
and
Excise
Act,
1964
(Act
No.
91
of
1964),
by
the Commissioner
for
Customs
and
Excise
as
a
customs
and
excise airport;
and
-
- (ii)is
a
port
of
entry
referred
to
in
section
1
of
the
Aliens
Control
-
Act,
1991
(Act
No.
96
of
1991);
or
-
- [Sub-para.
(ii)
substituted
by
s.
1
(a)
of
Act
No.
10
of
1996.] (b)a
similar
facility
in
another
State
or
territory;
-
“air
service”
means
an
air
service
as
defined
in
section
1
of
the
-
Air
Services
Licensing
Act,
1990
(Act
No.
115
of
1990);
-
- “air
transport
service
agreement”
means
an
air
transport
service
agreement
referred
to
in
section
35;
-
- “appointed
member”
means
a
member
of
the
council
appointed by
the
Minister
in
terms
of
section
4
(1)
(b);
-
- “appropriate
authority”—
-
- (a)(i)means
any
institution,
body
or
pesron
in
a
State
or
territory which,
on
behalf
of
that
State
or
territor—y
-
- (aa)carries
out
the
provisions
of
the
Convention
on
International
-
Civil
Aviation,
signed
at
Chicago
on
7
December
1944;
and
-
- (bb)may
authorize
a
person
to
operate
an
internationalair
service
to
or
from
an
airport
in
such
State
or
territory;
or
-
(ii)if
such
Convention
does
not
apply
to
a
State
or
territory, means
the
institution,
body
or
person
in
that
State
or
territory which
on
behalf
of
the
State
or
territory
performs
the
funtcions
which
are
performed
by
an
institution,
body
or
person
contemplated in
subparagraph
(i);
and
-
- (b)means
an
institution,
body
or
person,
excluding
the government
of
a
State
or
territory,
which
is
recognized
as
such by
the
Commissioner
for
Civil
Avitaion;
-
- “authorized
officer”
means
an
authorized
officer
as
defined
in section
1
of
the
Aviation
Act,
1962
(Act
No.
74
of
1962);
-
- [Definition
of
“authorized
officer”
inserted
by
s.
1
(b)
of
Act
-
No.
10
of
1996.]
-
- “close
corporation”
means
a
close
corporatoin
as
defined
in section
1
of
the
Close
Corporation
Act,
1984
(Act
No.
69
of
-
1984);
-
- [Definition
of
“close
corporation”
inserted
by
s.
1
(b)
of
Act
No.
-
10
of
1996.]
-
- “Commissioner
for
Civil
Aviation”
means
the
Commissioner
as defined
in
section
1
of
the
Aviation
Act,
1962
(Act
No.
74
of
-
1962);
-
- “company”
means
a
company
as
defined
in
section
1
of
the
-
Companies
Act,
1973
(Act
No.
61
of
1973);
-
- [Definition
of
“company”
inserted
by
s.
1
(c)
of
Act
No.
10
of
-
1996.]
-
- “council”
means
the
International
AirServices
Council
established
under
section
3
(1);
-
- “foreign
licence”
means
any
documen—t
-
- (a)issued
by
an
appropriate
authority
in
another
State
or territory
which
serves
a
similar
purpose
as
a
licence
issued
in terms
of
this
Act;
and
-
- (b)which
is
recognized
as
such
by
the
Commissioner
for
Civil
-
Aviation;
-
- “inspector”
means
an
inspector
as
defined
in
section
1
of
the
-
Aviation
Act,
1962
(Act
No.
74
of
1962);
-
- [Definition
of
“inspector”
inserted
by
s.
1
(d)
of
Act
No.
10
of
-
1996.]
-
- “international
air
service”
means
an
air
service
which
passes through
the
air
space
over
the
territory
of
the
Republic
and
at least
one
other
country:
Provided
that
an
air
service
which
-
passes
through
the
air
space
over
the
territory
of
another
country without
operating
an
air
service
in
the
territory
of
that
other country,
and
the
route
or
journey
of
which
started
and
ended
-
within
the
territory
of
the
Republic,
shall
not
be
an
international
-
air
service;
-
- “licence”
means
an
international
air
service
licence
referred
to in
section
13
(1)
or
47
(1);
-
- [Definition
of
“licence”
substituted
by
s.
1
(e)
of
Act
No.
10
of
-
1996.]
-
- “licensee”
means
the
person
to
whom
a
licence
has
been
issued
-
in
terms
of
section
17
(2)
or
(4)
or
deemed
in
terms
of
section
-
47
(1)
to
have
been
issued;
-
- [Definition
of
“licensee”
substituted
by
s.
1
(f)
of
Act
No.
10
of
-
1996.]
-
- “Minister”
means
the
Minister
of
Transport;
-
- “operating
certificate”
means
an
operating
certificate
issued
in terms
of
section
31
(2)
or
deemed
in
terms
of
section
47
(1)
to have
been
so
issued;
-
- [Definition
of
“operating
certificate”
substituted
by
s.
1
(g)
of
-
Act
No.
10
of
1996.]
-
- “permit”
means
a
foreign
operator’s
permit
referred
to
in
section
-
13
(3);
-
- “permit
holder”
means
the
person
to
whom
a
permit
has
been issued
in
terms
of
section
25
(2);
-
- “prescribed”
means
prescribed
by
regulation;
-
- “resident
of
the
Republic”
means
a
resident
of
the
Republic
as defined
in
section
1
of
the
Air
Services
Licensing
Act,
1990 (Act
No.
115
of
1990);
-
- “route”,
with
regard
to
a
routebetween
the
Republic
and another
State
or
territory,
means
all
air
connections
and combinations
of
air
connections
between
airports
in
the Republic
and
airports
in
that
other
State
or
territory;
-
- “this
Act”
includes
the
regulations.
-
- 2.
Application
of
Act.—This
Act
shall
apply
only
to
the operation
of
an
international
air
service.
-
- CHAPTER
I
-
- THE
INTERNATIONAL
AIR
SERVICES
COUNCIL
-
- 3.
Establishment
of
International
Air
Services
Council—.(1)
There
is
hereby
established
a
council
to
be
called
the
International
Air
Services
Council,
which
shall
be
a
juristic person.
-
- (2)
The
council
shall
make
known
its
office
and
postal
address by
notice
in
the
Gazette.
-
- (3)
The
council
shall
perform
the
functions
conferred
upon
it
in terms
of
this
Act
in
a
manner
which
in
its
opinion
is
-
calculated—
-
- (a)to
promote
trade
with,
and
tourism
to
and
from,
the
-
Republic;
-
- (b)to
promote
competition
between
persons
who
operate
international
air
services;
-
- (c)not
to
unjustifiably
prefer
any
licensee
over
another;
-
(d)to
promote
a
high
standard
of
safety
in
the
operation
of international
air
services;
-
- (e)to
promote
the
development
and
interests
of
the
local
international
air
services
industry;
-
- (f)to
promote
the
interests
and
needs
of
users
or
potential
users of
air
services
in
the
Republic.
-
- 4.
Constitution
of
council.—(1)
The
members
of
the
council shall
consist
of—
-
- (a)the
Commissioner
for
Civil
Aviation
as
chairman;
and
-
- (b)not
more
than
four
other
persons,
appointed
by
the
Minister after
consultation
with
associations
which
in
the
opinion
of
the Minister—
-
- (i)represent
the
consumers
of
international
air
services
in
the
-
Republic;
-
- (ii)represent
organized
commerce
and
industry;
-
- (iii)are
involved
in
the
transportation
of
passengers
or
cargo
in the
air;
-
- (iv)have
special
knowledge
of
or
experience
in
transportation;
-
and
-
- (v)represent
the
organized
tourism
industry.
-
- (2)
The
Minister
shall
designate
one
of
the
appointed
members as
vice-chairman.
-
- (3)
The
persons
appointed
by
the
Minister
in
terms
of
subsection
(1)
(b)
shall
be
persons
who,
in
the
opinion
of
the
Minister,
on
account
of
their
training
or
experience
have
special
knowledge
with
regard
to
aviation,
or
who
are
well
versed
in
-
law,
finance,
engineering,
economics,
transport
economics
or tourism.
-
(4)
If
the
chairman
is
unable
to
perform
his
duties
in
terms
of this
Act,
the
vice-chairman
shall
act
as
chairman
of
the
council, and
while
the
vice-chairman
is
thus
acting,
he
shall
exercise
all the
powers
and
perform
all
the
duties
of
the
chairmna.
-
- 5.
Term
of
office.—An
appointed
member
shall
hold
his
office for
a
period
not
exceeding
three
years:
Provided
that
such member
may
be
reappointed
at
the
expiry
of
his
term
of
office.
-
- 6.
Disqualification
for
membership
of
council—.(1)
No
person
shall
be
appointed
as
an
appointed
member
if
h—e
-
- (a)is
not
a
resident
of
the
Republic; (b)is
an
unrehabilitated
insolvent;
-
(c)has
at
any
time
been
convicted
of
an
offence
for
which
he
-
has
been
sentenced
to
imprisonment
without
the
option
of
a
fine for
a
period
of
not
less
than
twelve
months,
unless
he
has received
a
grant
of
amnesty
or
a
free
pardon,
or
unless
the period
of
such
imprisonment
expired
at
least
five
years
prior
to the
date
of
his
appointment;
-
(d)is
an
officer
or
employee
as
defined
ni
section
1
of
the
Public
-
Service
Act,
1984
(Act
No.
111
of
1984);
or
-
- (e)is
of
unsound
mind
and
has
been
so
declared
by
a
competent court.
-
- (2)
An
appointed
member
shall
vacate
his
office
if
h—e
-
- (a)becomes
subject
to
any
disqualification
mentioned
in subsection
(1);
-
- (b)tenders
his
resignation
in
writing
as
a
member
to
the
-
Minister;
-
- (c)has
been
absent
without
the
leave
of
the
council
from
three
consecutive
meetings
of
the
council;
or
-
- (d)is
relieved
of
his
office
under
subsection
(3).
-
- (3)
An
appointed
member
may
at
any
time
be
relieved
of
his office
by
the
Minister
if
such
membe—r
-
- (a)has,
in
the
opinion
of
the
Minister,
been
guilty
of
improper
conduct;
or
-
- (b)is,
in
the
opinion
of
the
Minister,
unable
to
perform
his duties
efficiently
as
suchmember.
-
- (4)
If
an
appointed
member
dies
or
vacates
his
office
before
the expiration
of
the
period
for
which
he
was
appointed,
the
-
Minister
may,
subject
to
the
provisions
of
section
4,
appoint
-
another
person
to
fill
the
vacancy
for
the
unexpired
portinoof
the
period
for
which
such
member
was
appointed.
-
- 7.
Remuneration
of
appointed
members—.An
appointed
-
member
shall
receive,
from
moneys
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,
in
general
or
in
any
particular case.
-
- 8.
Meetings
of
council.—(1)
The
council
shall
hold
meetings at
such
times
and
places
as
may
from
time
to
time
be determined
by
the
chairman.
-
- (2)
(a)
The
chairman
or,
in
his
absence,
the
vic-echairman
shall preside
at
every
meeting
of
the
council
if
he
is
present.
-
(b)
If
both
the
chairman
and
the
vic-echairman
are
absent
from a
meeting
of
the
council,
the
members
present
shall
from
among their
number
elect
a
person
to
preside
at
that
meeting.
-
- (3)
The
quorum
for
a
meeting
of
the
council
shall
be
a
majority of
all
its
members.
-
- (4)
If
a
member
of
the
council
in
his
personal
capacity,
or
his spouse
or
child,
has
any
direct
or
indirect
financail
interest
in any
matter
to
be
dealt
with
at
any
meeting
of
the
council,
such member
shall—
-
- (a)immediately
after
the
interest
has
come
to
his
attention,
disclose
such
interest
to
the
chairman;
-
- (b)not
attend
that
meeting
as
a
member
during
the
considreation
-
of
such
matter;
-
- (c)not
in
any
manner
take
part
as
a
member
in
the
consideration of
such
matter
by
the
council;
or
-
- (d)not
in
any
manner
endeavour
to
influence
the
opinion
or
vote of
any
other
member
of
the
council
in
connection
with
such matter.
-
- (5)
The
decision
of
the
majority
of
the
members
of
the
council present
at
a
meeting
thereof
shall
constitute
the
decision
of
the council,
and
in
the
event
of
an
equality
of
votes
the
member presiding
at
the
meeting
concerned
shall
have
a
casting
voetin
addition
to
his
deliberative
vote.
-
- (6)
No
decision
taken
by
the
council
or
act
performed
under authority
of
the
council
shall
be
invalid
merely
by
reason
of
an interim
vacancy
on
the
council,
or
because
a
person
who
was
-
not
entitled
to
sit
as
amember
or
attend
such
meeting
sat
as such
member
or
attended
such
meeting
at
the
time
when
the
-
decision
was
taken
or
the
act
was
authorized,
if
the
decision
was
-
taken
or
the
act
was
authorized
by
the
requisite
majority
of
the members
who
were
present
at
the
time
and
who
were
entitled
to
-
sit
as
members
of
the
council
or
attend
the
meeting.
-
- (7)
The
procedures
to
be
followed
at
meetings
of
the
council shall
be
determined
by
the
chairman.
-
- (8)
The
council
shall
cause
minutes
to
be
kept
of
every
meeting thereof.
-
- (9)
The
minutes
referred
to
in
subsection
(8),
shall
be
kept
at the
offices
of
the
council.
-
- 9.
Meetings
regarding
certain
applications—.(1)
The
council shall
hold
a
meeting
referred
to
in
section
17(3)
in
public
at such
times
and
places
as
may
from
time
to
time
be
determined
-
by
the
chairman.
-
(2)
The
provisions
of
section
8
(2),
(3),
(4),
(5),
(6)
and
(7) shall
mutatis
mutandis
apply
in
respect
of
a
meeting
referred
to in
subsection
(1).
-
- (3)
The
member
of
the
council
presiding
at
ameeting
referred to
in
subsection
(1),
shall
keep
minutes
of
the
proceedings
at such
meeting
or
cause
them
to
be
kept.
-
- (4)
The
minutes
referred
to
in
subsection
(3),
shall
be
kept
at the
offices
of
the
council.
-
(5)
Copies
of
the
minutes
referred
toin
subsection
(3),
or
any part
thereof,
may
be
obtained
against
payment
of
the
prescribed fee.
-
- 10.
Administration.—All
administrative
work,
including
the payment
and
receipt
of
moneys
as
well
as
secretarial
work,
in connection
with
the
performanceof
the
functions
or
the
exercise
-
of
the
powers
of
the
council,
shall
be
carried
out
by
officers
and
-
employees
in
the
Department
of
Transport
designated
for
such purpose
by
the
Director-General:
Transport.
-
- 11.
Annual
report.—(1)
The
council
shall
assoon
as practicable
after
31
March
of
each
year
but
not
later
than
30
-
June
of
that
year
submit
to
the
Minister
a
report
(hereinafter
-
referred
to
as
the
annual
report)
giving
particulars
regarding
the activities
of
the
council
during
the
year
which
endde
on
the
-
first-mentioned
date.
-
- (2)
The
Minister
shall
lay
a
copy
of
the
annual
report
upon
the Table
in
Parliament
within
30
days
after
it
has
been
received
by him
if
Parliament
is
then
in
ordinary
session
or,
if
Parliament
is not
then
in
ordinary
session,
within
30
days
after
the
-
commencement
of
its
next
ensuing
ordinary
session.
-
- 12.
Powers
of
council
to
compel
attendance
of
witnesses
and production
of
documents,
etc.—(1)
The
council
may,
for
the purposes
of
any
proceedings
before
it
under
thsi
Act,
by summons
under
the
hand
of
the
chairman,
direct
any
person
who,
in
the
opinion
of
the
council,
may
be
able
to
give
material
information
concerning
the
subject
matter
of
the
proceedings,
or to
produce
any
book,
document
or
thing
which
has
any
ebaring
-
on
the
subject
matter
of
the
proceedings,
to
appear
personally
-
before
the
council,
at
a
time
and
place
stated
in
the
summons, and
to
produce
any
such
book,
document
or
thing
which
may
be
-
in
his
possession
or
custody
or
under
his
control.
-
- (2)
A
summons
referred
to
in
subsection
(1)
shall
be
in
the prescribed
form
and
shall
be
served
in
the
same
manner
as
a subpoena
in
criminal
proceedings
in
the
magistrate’s
court.
-
- (3)
The
council
may
interrogate
any
person
summoned
to
-
appear
in
terms
of
subsection
(1)
and
direct
him
to
produce
any
-
book,
document
or
thing
mentioned
in
the
summons,
and
for this
purpose
the
member
presiding
at
the
meeting
concerned may
administer
an
oath
to
him
or
require
him
to
make
an affirmation
of
the
truth
of
his
tesitmony.
-
- (4)
Any
book,
document
or
thing
produced
by
any
person
in
-
terms
of
subsection
(3)
may
be
retained
for
a
reasonable
period for
examination
by
the
council
or
any
person
directed
thereto
by the
council.
-
- CHAPTER
II
-
- INTERNATIONAL
AIR
SERVICES
-
- 13.
Operating
of
international
air
service—.(1)
Subject
to
the provisions
of
this
Act,
no
person
shall
use
or
attempt
to
use
an aircraft
to
operate
an
international
air
service,
except
under
and in
accordance
with
the
terms
and
subject
to
the
conditionsof
an international
air
service
licence
issued
to
that
person
in
terms
of this
Act
or
deemed
to
have
been
so
issued.
-
[Sub-s.
(1)
substituted
by
s.
2
(a)
of
Act
No.
10
of
1996.] (2)
Subject
to
the
provisions
of
subsection
(3),
a
licence
-
referred
to
in
subsection
(1)
shall
not
be
required
if
an
aircraft
-
visiting
the
Republic
from
time
to
time
and
registered
in
another State
is
used
to
operate
an
international
air
service,
provided that
such
air
service
is
operated
under
and
in
accordance
with
-
the
provisions
and
subject
to
the
conditions
o—f
-
- (a)the
International
Air
Services
Transit
Agreement,
signed
at
-
Chicago
on
7
December
1944;
-
- (b)an
air
transport
service
agreement;
or
-
- (c)a
foreign
licence.
-
(3)
Subject
to
the
provisions
of
this
Act,
no
persno
shall
use
an aircraft
in
respect
of
which
the
provisions
of
subsection
(2)
(b) or
(c)
are
applicable,
to
operate
an
international
air
service except
under
and
in
accordance
with
the
provisions
and
subject
-
to
the
conditions
of
a
foreign
operator’s
pemrit
issued
to
such
-
person
in
terms
of
this
Act.
-
- (4)
The
Minister
may,
subject
to
the
conditions
he
may determine,
by
notice
in
the
Gazette
exempt
a
licensee
as
defined in
section
1
of
the
Air
Services
Licensing
Act,
1990
(Act
No.
-
115
of
1990),
from
the
provisions
of
subsection
(1),
in
respect of
a
class
and
type
of
air
service
and
a
category
of
aircraft
mentioned
in
the
notice
concerned.
-
- (5)
The
class
and
type
of
air
service
and
the
category
of
aircraft
referred
to
in
subsection
(4),
shall
be
a
lcass
and
type
of
air service
and
a
category
of
aircraft
which
is
prescribed
in
terms
of section
13
of
the
Air
Services
Licensing
Act,
1990.
-
- (6)
The
Minister
may
by
notice
in
the
Gazette
exempt
the
-
holders
of
foreign
licences
issued
by
the
appropriateauthority
of
-
a
State
or
territory
mentioned
in
that
notice,
from
the
provisions
of
subsection
(3),
subject
to
the
conditions,
and
in
respect
of
the prescribed
class
and
type
of
air
service,
and
category
of
aircraft,
determined
by
the
Minister
and
mentoined
in
the
notice.
-
- (7)
The
council
may
upon
application,
exempt
any
applicant from
the
provisions
of
subsection
(1)
or
from
any
other provision
of
this
Act
if,
in
the
opinion
of
the
council,
the
-
applicant
is
operating
or
proposes
to
operate
an
interantional
air
service
on
a non-profit
basis
for
purposes
incidental
to
social welfare
or
charity,
or
for
purposes
of
salvage
on
humanitarian
grounds,
or
where
the
granting
of
the
exemption
will
assist
in saving
life.
-
- [Sub-s.
(7)
added
by
s.
2
(b)
of
ActNo.
10
of
1996.]
-
- (8)
Any
exemption
granted
under
subsection
(7)
shall
be
limited
so
as
to
apply
only
in
respect
of
one
or
more
aircraft,
or one
or
more
particular
routes,
journeys
or
transactions,
and
shall be
limited
as
to
time,
area
or
distance,
orotherwise
as
the
-
council
may
deem
fit.
-
- [Sub-s.
(8)
added
by
s.
2
(b)
of
Act
No.
10
of
1996.]
-
- (9)
The
council
shall
publish
the
prescribed
particulars
in respect
of
each
exemption
referred
to
in
subsection
(7)
which
- was
granted
for
a
period
of
90
dasy
-
Gazette.
-
- or
more
by
notice
in
the
- [Sub-s.
(9)
added
by
s.
2
(b)
of
Act
No.
10
of
1996.]
-
- 14.
Information
to
be
specified
on
licence
or
permit—.(1)
On
a
licence
or
a
permit
shall
be
specifie—d
-
- (a)the
class
and
type
of
international
air
service
inerspect
of which
such
licence
or
permit
has
been
issued;
-
- (b)the
category
of
aircraft
and,
if
applicable,
the
kind
of
aircraft that
shall
be
used
to
operate
the
international
air
service
concerned;
-
- (c)the
airport
from
and
the
airport
to
which
flights
aer
- undertaken
by
the
person
operating
the
international
air
service
concerned;
-
- (d)the
frequency
with
which
flights
shall
be
undertaken
by
the person
operating
the
international
air
service;
and
-
- (e)any
condition
which
is
attached
by
the
council
or
the Commissioner
for
Civil
Aviation
to
such
licence
or
permit,
as the
case
may
be,
in
terms
of
this
Act.
-
- (2)
The
classes
and
the
types
of
international
air
services
as well
as
the
categories
of
aircraft
shall
be
as
prescribed.
-
- 15.
Application
for
licence
or
amendment
thereof.—(1)
An
application
for
a
licence
shall
be
made
to
the
council
on
the prescribed
form.
-
- (2)
If
a
licensee
desires
to
amen—d
-
- (a)the
type
of
international
air
service; (b)the
category
or
kind
of
aircraft;
-
(c)an
airport;
-
- (d)the
frequency
of
flights;
or
-
- (e)any
condition,
-
- specified
on
his
licence,
he
shall
apply
to
the
council
on
the prescribed
form
for
such
amendment.
-
- (2A)
If
a
licensee
desires
to—
-
- (a)in
the
case
of
a
partnership,
amend
the
particulars
of
any partner
associated
in
the
partnership;
-
- (b)in
the
case
of
a
close
corporatio—n
-
- (i)amend
the
particulars
of
any
member
associated
in
the
close
corporation;
or
-
- (ii)amend
its
legal
status
by
means
of
a
conversion
into
a company
in
terms
of
section
29C
of
the
CompaniesAct,
1973 (Act
No.
61
of
1973);
-
- (c)in
the
case
of
a
company—
-
- (i)amend
the
controlling
shareholding
of
the
company;
or
-
- (ii)amend
its
legal
status
by
means
of
a
conversion
into
a
close
corporation
in
terms
of
section
27
of
the
Close
Corporations
-
Act,
1984
(Act
No.
69
of
1984);
-
- (d)amend
the
particulars
of
the
prescribed
personnel
appointed
-
by
the
licensee
to
be
responsible
and
accountable
for
the
safety
-
and
reliability
of
the
international
air
service,
-
- he,
she
or
it
shall
apply
to
the
council
on
theprescribed
form
for such
amendment.
-
- [Sub-s.
(2A)
inserted
by
s.
3
(a)
of
Act
No.
10
of
1996.]
-
- (3)
An
application
referred
to
in
subsection
(1)
or
(2)
shall
-
contain
all
the
particulars
and
information
prescribed
in
respect of
such
application
and
shal
be
accompanied
by
the
prescribed
documents.
-
- (4)
An
application
for
exemption
from
the
provisions
of
section
-
17
(5)
(c)
shall
be
made
to
the
council
on
the
prescribed
form.
-
- [Sub-s.
(4)
added
by
s.
3
(b)
of
Act
No.
10
of
1996.]
-
- 16.
Processing
of
application
for
licence.—(1)
Subject
to
the provisions
of
section
17
(2),
the
council
shall,
within
21
days
-
after
the
receipt
of
an
application
referred
to
in
section
15
(1)
or
-
(2),
make
known
by
notice
in
the
Gazette
the
prescribed
-
particulars
in
respect
of
the
application
concerned.
-
- (2)
Any
person
may,
after
the
publication
of
the
notice
referred to
in
subsection
(1),
obtain
a
copy
of
such
application
from
the council:
Provided
that
particulars
pertaining
to
the
financing
of a
proposed
international
air
service
shall
not
be
disclosed
without
the
consent
of
the
applicant.
-
- (3)
Any
person
may
in
writing
address
representations
in
the prescribed
manner
to
the
council
against
or
in
favour
of
such application
within
28
days
after
the
publication
ofthe
notice referred
to
in
subsection
(1),
or
such
longer
period
as
the council
may
allow
on
good
cause
shown.
-
- [Sub-s.
(3)
substituted
by
s.
4
of
Act
No.
10
of
1996.]
-
- (4)
The
council
shall,
within
14
days
after
the
receipt
of
representations
referredto
in
subsection
(3),
forward
a
copy
of such
representations
to
the
applicant.
-
- (5)
Within
14
days
after
the
council
has
forwarded
a
copy
of
-
the
representations
referred
to
in
subsection
(3)
to
the
applicant, or
such
longer
period
as
the
council
may
allow
on
good
cause
-
shown,
the
applicant
may
furnish
the
council
with
information
pertaining
to
such
representations.
-
- 17.
Adjudication
of
application
for
licence—.(1)
As
soon
as practicable,
but
within
120
days
after
the
receipt
of
an application
in
terms
of
section
15
(1)
or
(2),
the
council
shall consider
such
application
together
with
all
representations,
information,
evidence
and
other
documents
relating
to
such application
and
at
the
disposal
of
the
council.
-
- (2)
The
council
may,
notwithstanidng
the
provisions
of subsection
(1),
consider
an
application
and
issue
a
licence
immediately
after
the
receipt
of
an
application
for
a
temporary
licence
referred
to
in
section
18
(2)
if
the
counci—l
-
- (a)is
of
the
opinion
that
compliance
with
the
proceudres
referred to
in
section
16
would
defeat
the
object
of
such
application;
-
- (b)is
satisfied
that
the
applicant
conforms
to
the
requirements
specified
in
subsection
(4);
and
-
- (c)is
satisfied
that
the
reason
for
making
the
application
is
to operate
an
international
air
service
which
is
only
of
a
temporary
nature:
-
Provided
that
the
council
may
apply
such
procedures
referred
to in
section
16
as
it
may
deem
necessary
in
order
to
enable
it
to reach
a
decision.
-
(3)
(a)
In
order
to
assist
the
council
in
ocnsidering
an application
referred
to
in
subsection
(1),
the
council
may
order that
the
applicant
and
any
person
referred
to
in
section
16
(3) appear
before
the
council,
at
a
meeting
of
the
council
to
be
held at
the
time
and
place
determined
by
the
chiarman,
in
order
to
-
hear
arguments
against
or
in
favour
of
such
application.
-
- (aA)
(i)
At
such
meeting
the
council
may
serve
on
the
applicant
-
a
written
request
for
further
particulars
to
be
supplied
within
90 days.
-
- (ii)
The
particulars
so
supplied
shlal
be
open
for
inspection
by the
persons
referred
to
in
paragraph
(a)
until
the
subsequent
meeting
date
contemplated
in
subparagraph
(iii).
-
- (iii)
If
the
council
requests
such
further
particulars
the
meeting shall
be
adjourned
to
any
subsequent
date
inorder
to
hear
-
further
arguments
against
or
in
favour
of
such
application,
taking
into
account
the
further
particulars
referred
to
in subparagraph
(i).
-
- [Para.
(aA)
inserted
by
s.
5
(a)
of
Act
No.
10
of
1996.]
-
- (b)
Such
a
meeting
shall
only
be
held
afetr
at
least
21
days’
-
notice
thereof
to
the
parties
referred
to
in
paragraph
(a).
-
- (c)
The
parties
referred
to
in
paragraph
(a)
may
appear
in
-
person
at
a
meeting
referred
to
in
that
paragraph
or
may
at
their own
expense
be
represented
by
counsel,
an
atotrney
or
other
-
duly
authorized
representative.
-
- (d)
If
the
council
has
directed
any
person
under
section
12
to give
evidence
at
a
meeting
referred
to
in
paragraph
(a),
that witness
may
also
be
interrogated
by
any
party
referred
to
in paragraph
(a)
or
by
the
counsel,
attorney
or
representative
of such
party,
as
the
case
may
be.
-
- (4)
The
council
may,
subject
to
the
provisions
of
this
Act,
in
its discretion
grant
an
application
referred
to
in
subsection
(1)
and issue
or
amend
a
licence
if
the
councilis
satisfied—
-
- (a)that
the
applicant
is
fit
and
able
to
operate
the
international
air
service;
and
-
- (b)that
the
international
air
service
concerned
can
be
operated within
the
structure
of
the
existing
international
air
service system
in
the
Republic.
-
- (5)
For
the
purposes
of
subsection
(4)
(a),
an
applicant
is
fit
if such
applicant
satisfies
the
counci—l
-
- (a)that,
subject
to
the
provisions
of
subsection
(9),
h—e
-
- (i)if
he
is
a
natural
person,
is
a
resident
of
the
Republic;
or
-
- (ii)if
he
is
not
a
natural
person,
is
incorporated
in
the
Republic and
that
the
voting
rights
in
respect
of
such
person
are
substantially
held
by
residents
of
the
Republic;
-
- (b)that
the
person
referred
to
in
paragraph
(a)
will
be
actively and
effectively
in
control
of
the
intenrational
air
service;
-
- (c)that,
subject
to
the
provisions
of
subsection
(10),
the
aircraft
-
which
will
be
used
in
operating
the
international
air
service
is
a
-
South
African
aircraft
as
defined
in
section
1
of
the
Aviation
-
Act,
1962
(Act
No.
74
of
1962).
-
- (6)
For
the
purposes
of
subsection
(4)
(a)
the
council
shall
take into
account—
-
- (a)the
ability
of
the
applicant
to
operate
a
safe
and
reliable
international
air
service;
-
- (b)the
financial
estimates
of
the
applicant
with
regard
to
the
international
air
service
concerned,
including
the
tariff
structure;
-
- (c)the
kind
of
aircraft
and
the
number
of
aircraft
which
will
be used
to
operate
the
international
air
service
concerned;
-
- (d)the
experience
of
the
applicant
with
regard
to
the
operation of
an
air
service,
whether
international
or
not;
-
- (e)the
financial
capability
of
the
applicant;
and
-
- (f)any
other
relevant
requirement,
-
- in
order
to
establish
whether
the
applicant
is
able
to
operate
the
international
air
service
concerned.
-
- (7)
For
the
purposes
ofsubsection
(4)
(b)
the
council
shall, subject
to
the
provisions
of
section
3
(3),
also
take
into account—
-
(a)the
economic
and
other
national
interests
of
the
Republic; (b)the
effect
which
the
granting
of
the
application
may
have
on
-
the
existing
licensees;
-
- (c)the
benefits
which
may
flow
from
operating
more
than
one
international
air
service
over
the
same
route
or
in
the
same region
or
territory;
-
- (d)the
provisions
of
an
air
transport
service
agreement
which applies
to
the
route
on
which
the
internaitonal
air
service
concerned
is
or
will
be
operated;
-
- (e)any
negotiations
which
have
already
taken
place
with
a
view to
the
conclusion
of
an
air
transport
service
agreement.
-
(8)
The
Minister
may,
for
the
purposes
of
subsections
(6)
and (7),
prescribe
directives
which
the
council
shall
follow
in
the application
of
those
subsections.
-
- (9)
The
council
shall
exempt
an
applicant,
on
the
conditions
determined
by
the
Minister,
from
the
provisions
of
subsection (5)
(a)
if
the
Minister,
after
considering
anapplication
on
the prescribed
form,
has
directed
the
council
to
exempt
such applicant.
-
- (10)
The
council
may,
in
its
discretion,
exempt
an
applicant from
the
provisions
of
subsection
(5)
(c)
if
the
council
is satisfied
that
such
applicant
complies
wiht
the
prescribed
requirements
in
respect
of
such
aircraft
and
issue
or
amend
the licence
concerned
subject
to
the
conditions
the
council
deems fit
regarding
the
operation
and
maintenance
of
that
aircraft.
-
[Sub-s.
(10)
substituted
by
s.
5
(b)
of
Act
No.10
of
1996.]
-
- (11)
The
parties
referred
to
in
subsection
(3)
(a)
may
request the
council
to
furnish
reasons
for
the
approval
or
refusal
of
the application
for
a
licence.
-
- (12)
The
council
shall
publish
the
prescribed
particulars
in respect
of
each
licence
issued
or
amended
in
terms
of subsection
(4)
by
notice
in
the
Gazette.
-
- (13)
As
soon
as
the
council
has
issued
or
amended
a
licence
in terms
of
subsection
(4)
and
the
provisions
of
an
air
transport
service
agreement
apply
to
such
licence,
or
in
usch
other
cases as
may
be
prescribed,
the
council
shall
notify
the
Minister
-
thereof,
and
such
notice
shall
contain
the
prescribed
particulars.
-
- (14)
(a)
If
an
applicant
ignores
an
order
contemplated
in subsection
(3)
(a)
to
appear
before
the
council
ata
meeting
or fails
to
appear
on
two
successive
occasions
without
furnis–hing
-
reasons
to
the
satisfaction
of
the
council,
or
if
an
applicant
fails to
respond
to
a
request
contemplated
in
subsection
(3)
(aA)
(i),
-
and
thereby
delays
the
final
adjudicatino
of
such
application, the
council
may
in
its
discretion
order
that
the
application
be struck
off
the
roll
whereupon
the
applicant
shall
forfeit
the application
fee
paid.
-
- (b)
If
an
application
is
struck
off
the
roll
in
terms
of
paragraph (a)
the
applicant
shall
not
be
allowed
to
proceed
on
the
same papers,
but
shall
lodge
a
new
application
if
he,
she
or
it
wishes
-
to
proceed
therewith.
-
- [Sub-s.
(14)
added
by
s.
5
(c)
of
Act
No.
10
of
1996.]
-
- 18.
Form
and
period
of
validity
of
licence—.(1)
The
council
shall
issue
a
licence
on
the
prescribed
form.
-
- (2)
A
licence
thus
issued
shall
be
valid
for
an
indefinite
period: Provided
that
a
temporary
licence
shall
be
vali—d
-
- (a)for
the
period
determined
by
the
council
but
not
for
a
period exceeding
30
days;
or
-
- (b)for
not
more
than
two
return
flights.
-
- 19.
Register
of
licences.—(1)
The
council
shall
keep
a
register of
licences
issued
in
terms
of
this
Act.
-
- (2)
The
register
concerned
shall
be
kept
in
the
prescribed
- manner
and
shall
contain
the
prescribde
-
- particulars.
- (3)
Information
from
such
register
shall
be
furnished
by
the council
to
any
person
who,
in
the
opinion
of
the
council,
on reasonable
grounds
requires
such
information.
-
- 20.
Conditions
of
licence.—(1)
A
licence
is
issued
on condition
that—
-
- (a)the
licensee
shall
at
all
times
during
the
operation
of
the
international
air
service
comply
with
the
requirements
specified in
section
17
(4);
-
- (b)the
licensee
shall
not
commence
or,
subject
to
the
provisions of
section
32
(2),
continue
withan
international
air
service, unless
he
is
in
possession
of
a
valid
operating
certificate;
- (c)the
licensee
is
insured
as
prescribed
in
relation
to
the
class and
type
of
international
air
service,
and
the
category
of
aircraft
mentioned
on
his
licence,
and
in
respect
of
the
prescribed
-
nature,
class
or
kind
of
insurance;
-
- (d)the
licensee
shall
within
the
period
determined
by
the council,
which
period
shall
not
exceed
12
months
from
the
date of
the
issuing
or
amendment
of
the
licence,
commence,
or continue
as
amended,
with
the
air
service
concerned,
and
the
-
operation
of
that
air
service
shall
not
be
interrupted
for
a
period
-
exceeding
3
months
or
for
such
longer
period
as
may
be determined
by
the
council;
-
- (e)the
licence
shall
lapse
as
soon
as
the
esttae
of
the
licensee
is sequestrated
or
wound
up,
as
the
case
may
be;
and
-
- (f)the
licence
shall
lapse
if
the
fees
referred
to
in
section
-
43(1)(e)
are
not
paid
within
the
prescribed
period.
-
- (2)
The
council
may,
subject
to
the
provisions
of
subsection
-
(1),
issue
a
licence
subject
to
an—y
-
- (a)condition
with
regard
to
the
matters
referred
to
in
section
17 (5),
(6)
and
(7);
-
- (b)other
condition
which
the
council
may
deem
necessary
in
the interest
of
public
safety.
-
- 21.
Failure
of
licensee.—(1)
(a)
The
council
shall,
if
it receives
a
complaint
or
on
reasonable
grounds
suspects
that
a licensee
has
failed
to
comply
with
the
provisions
of
this
Act,
or a
provision
or
condition
of
his
licence,
hold
a
meeting
as contemplated
in
section
17
(3)
in
order
to
conudct
a
proper
investigation
into
such
failure.
-
- (b)
A
complaint
referred
to
in
paragraph
(a)
shall
be
lodged
in the
prescribed
manner
with
the
council.
-
- (2)
The
council
may,
if
it
is
satisfied
after
such
investigation
that
a
licensee
has
failed
to
comlpy
with
a
provision
of
this
Act or
with
a
provision
or
condition
of
his
licenc—e
-
- (a)direct
such
licensee
to
comply
with
such
provision
or condition
within
the
period
determined
by
the
council;
-
- (b)suspend
or
amend
the
licence
concerned,
on
the
conditiosn
determined
by
the
council,
for
a
period
not
exceeding
two
years; or
-
- (c)cancel
or
amend
the
licence
concerned.
-
- (3)
If
the
council
has
suspended
or
amended
a
licence
in
terms
of
subsection
(2)
(b)
or
has
cancelled
or
amended
it
in
terms
of subsection
(2)
(c),
the
council
shall
notify
the
licensee
in
writing of
its
decision,
stating
the
grounds
for
such
decision.
-
- (4)
Section
17
(3)
shall
apply
mutatis
mutandis
to
a
meeting referred
to
in
subsection
(1):
Provided
that
the
parties
who
shall attend
such
meeting
shall
be
the
licensee
and,
if
applicable,
also the
person
who
lodged
a
complaint
in
terms
of
subsection
(1)
-
with
the
council.
-
- 22.
Duties
of
licensee.—(1)
The
licensee
shall—
-
(a)notify
the
Commissioner
for
Civil
Aviation,
in
the
prescriebd
manner,
before
any
change
is
effected
to
the
particulars
on
his, her
or
its
operating
certificate;
-
- (b)furnish
the
council
within
the
prescribed
period
with
the prescribed
statistical
information;
-
- (c)keep
his,
her
or
its
licence
and
operating
certiifcate
in
a
safe place
and
produce
such
licence
and
operating
certificate
to
an authorized
officer
or
inspector
for
inspection
if
so
requested
by such
officer
or
inspector;
and
-
- (d)notify
the
council
in
writing
of
any
prescribed
change
to
the operation
of
the
international
air
service
concerned
or
any
part thereof,
and
such
notice
shall
reach
the
council
at
least
14
days before
such
change
is
effected.
-
- [Sub-s.
(1)
substituted
by
s.
6
of
Act
No.
10
of
1996.]
-
- (2)
The
council
shall
not
disclose
the
sttaistical
information
referred
to
in
subsection
(1)
(b)
in
such
a
manner
that
the activities
of
the
licensee
are
identified
thereby
unless
the
written
permission
of
the
licensee
has
been
obtained.
-
- 23.
Application
for
permit
or
amendment
thereof—.(1)
Unless
otherwise
decided
by
the
Commissioner
for
Civil
Aviation,
and subject
to
such
conditions
as
he
or
she
may
determine,
an application
for
a
permit
shall
be
made
to
the
Commissioner
for Civil
Aviation
on
the
prescribed
form.
-
[Sub-s.
(1)
substituted
by
s.
7
of
Act
No.
10
of
1996.] (2)
If
a
permit
holder
desires
to
amen—d
-
- (a)the
type
of
international
air
service; (b)the
category
or
kind
of
aircraft; (c)the
airport;
-
(d)the
frequency
of
flights;
or
-
- (e)any
condition,
-
- specified
on
his
permit,
heshall
apply
to
the
Commissioner
for
-
Civil
Aviation
on
the
prescribed
form
for
such
amendment.
-
- (3)
An
application
referred
to
in
subsection
(1)
or
(2)
shall contain
all
the
particulars
and
information
prescribed
in
respect of
such
application
and
shallbe
accompanied
by
the
prescribed
documents.
-
- 24.
Processing
of
application
for
permit—.(1)
The
-
Commissioner
for
Civil
Aviatio—n
-
- (a)shall,
within
14
days
after
the
receipt
of
an
application
referred
to
in
section
23
(1)
or
(2),
make
known
by
noticein
the Gazette
the
prescribed
particulars
in
respect
of
the
application
concerned,
if
he
is
of
the
opinion
that
that
application
does
not comply
with
the
prescribed
requirements
referred
to
in
section
-
25
(2)
(d);
or
-
- (b)may,
within
14
days
after
the
rceeipt
of
an
application
-
referred
to
in
section
23
(1)
or
(2),
make
known
by
notice
in
the Gazette
the
prescribed
particulars
in
respect
of
the
application
concerned,
if
he
is
of
the
opinion
that
that
application
does comply
with
the
prescribed
requireemnts
referred
to
in
section
-
25
(2)
(d).
-
- (2)
Any
person
may,
after
the
publication
of
the
notice
referred to
in
subsection
(1),
obtain
a
copy
of
such
application
from
the Commissioner
for
Civil
Aviation:
Provided
that
particulars
pertaining
to
the
financing
of
a
proposed
air
service
shall
not
be disclosed
without
the
consent
of
the
applicant.
-
- (3)
Any
person
may
in
writing
address
representations
in
the prescribed
manner
to
the
Commissioner
for
Civil
Aviation
against
or
in
favour
of
such
applicatino
within
28
days
after
the publication
of
the
notice
referred
to
in
subsection
(1),
or
such longer
period
as
the
Commissioner
for
Civil
Aviation
may
allow
-
on
good
cause
shown.
-
- [Sub-s.
(3)
substituted
by
s.
8
of
Act
No.
10
of
1996.]
-
- (4)
The
Commissioner
for
Civil
Aviation
shall,
within
14
days after
the
receipt
of
the
representations
referred
to
in
subsection (3),
forward
a
copy
of
such
representations
to
the
applicant.
-
- (5)
Within
14
days
after
the
Commissioner
for
Civil
Aviation has
forwarded
a
copy
of
the
representations
referred
to
in subsection
(3)
to
the
applicant,
or
such
longer
period
as
the Commissioner
for
Civil
Aviation
may
allow
on
good
cause
-
shown,
the
applicant
may
furnish
the
Commissioner
for
Civil
-
Aviation
with
information
pertaining
to
such
representations.
-
- 25.
Adjudication
of
application
for
permit—.(1)
Subject
to
the provisions
of
section
24,
the
Commissioner
for
Civil
Aviation shall
as
soon
as
practicable
consider
an
application
referred
to in
section
23
(1)
or
(2)
together
with
all
representations,
information,
evidence
and
other
documents
relating
to
such application
and
at
the
disposal
of
the
Commissioner
for
Civil Aviation.
-
- (2)
An
application
is
granted
and
a
permit
issued
or
amended, subject
to
the
provisionsof
this
Act,
if
the
applicant
satisfies
the Commissioner
for
Civil
Aviatio—n
-
- (a)that
the
international
air
service
concerned
will
be
operated
-
in
such
a
manner
that
it
will
in
all
material
respects
comply
with
-
the
applicable
international
conventions
wihch
have
been implemented
in
the
Republic
by
law;
-
- (b)that
he
is
fit
and
able
to
operate
the
international
air
service, and
the
Commissioner
for
Civil
Aviation
may
require
the
-
applicant
to
submit
any
of
the
prescribed
documents
in
support thereof;
-
- (c)that
he
is
in
possession
of
a
valid
foreign
licence
which pertains
to
the
international
air
service
for
which
application
is being
made
for
a
permit,
or
the
amendment
of
a
permit,
and
-
which
has
been
granted
to
him
by
the
appropriate
authority
in
-
any
state
or
territory
from
which
such
international
air
service will
be
operated
or
that
such
international
air
service
will
be operated
by
virtue
of
an
air
transport
service
agreement;
-
- (d)that,
subject
to
the
provisions
of
paragraph
(e),
the
international
air
service
complies
with
the
prescribed
-
requirements;
and
-
- (e)that,
if
the
international
air
service
does
not
comply
with such
prescribed
requirements,
a
need
exists
for
such
an international
air
service
on
account
of
the
number
of
-
passengers,
or
the
quantity
of
cargo
or
mail,
as
the
case
may
be,
-
which
is
transported
or
is
expected
to
be
transported
between the
Republic
and
the
State
or
territory
from
or
to
which
such
international
air
service
will
be
operated:
Provided
that
the passengers,
cargo
or
mail
with
an
origin
in
or
a
destination
to any
other
State
or
territory
than
that
referred
to
in
this paragraph,
shall
not
be
taken
into
consideration
by
the Commissioner
for
Civil
Aviation.
-
- (3)
In
exercising
his
discretion
the
Commissioner
for
Civli
Aviation
shall
also
consider
the
effect
which
that
permit
may have
on
existing
licensees,
should
it
be
granted
or
amended,
and if—
-
- (a)an
existing
licensee
operates
an
international
air
service
over the
same
route
as
that
for
which
application
is
maed
to
the Commissioner
for
Civil
Aviation
in
terms
of
section
23
(1)
or
-
(2);
or
-
- (b)two
or
more
applications
are
received
in
terms
of
section
23 (1)
or
(2)
to
provide
an
international
air
service
over
the
same route,
-
- the
Commissioner
for
Civil
Aviationshall
duly
consider
the benefits,
if
any,
which
may
arise
from
the
provision
of
two
or more
international
air
services
over
the
same
route.
-
- (4)
Subject
to
the
provisions
of
subsections
(2)
and
(3),
the
-
Commissioner
for
Civil
Aviation
shall,
in
consiedring
an
-
application
in
terms
of
section
23
(1)
or
(2),
if
applicable,
also consider
the
provisions
of
an
air
transport
service
agreement.
-
- (5)
The
Commissioner
for
Civil
Aviation
shall
publish
the prescribed
particulars
in
respect
of
each
permit
issude
or amended
in
terms
of
subsection
(2)
by
notice
in
the
Gazette
if the
particulars
of
the
application
for
a
permit
have
been published
in
terms
of
section
24
(1).
-
- 26.
Form
and
period
of
validity
of
permit—.(1)
The
- Commissioner
for
Civil
Aviation
prescribed
form.
-
- hsall
issue
a
permit
on
the
- (2)
A
permit
thus
issued
shall
be
vali—d
-
- (a)for
the
period
determined
by
the
Commissioner
for
Civil
-
Aviation;
-
- (b)for
the
number
of
flights
determined
by
the
Commissioner
for
Civil
Aviation;
or
-
- (c)for
the
number
of
flights
determined
by
the
Commissioner
for
Civil
Aviation
which
have
to
be
undertaken
within
the period
determined
by
the
Commissioner
for
Civil
Aviation:
-
- Provided
that
such
period
and
number
of
flights
shal—l
-
- (i)be
subject
to
the
provisionsof
an
air
transport
service
agreement
if
such
an
agreement
applies
to
the
permit
concerned; and
- (ii)not
exceed
the
period
and
number
of
flights
prescribed
in relation
to
the
class
and
type
of
international
air
service.
-
- 27.
Register
of
permits.—(1)
The
Commissioner
for
Civil
-
Aviation
shall
keep
a
register
of
permits
issued
in
terms
of
this
-
Act.
-
- (2)
The
register
concerned
shall
be
kept
in
the
prescribed
manner
and
shall
contain
the
prescribed
particulars.
-
- (3)
Information
from
such
register
shall
be
furnished
by
the Commissioner
for
Civil
Aviation
to
any
person
who,
in
the opinion
of
the
Commissioner
for
Civil
Aviation,
on
reasonable
grounds
requires
such
information.
-
- 28.
Conditions
of
permit.—(1)
A
permit
is
issued
on condition
that—
-
- (a)the
permit
holder
shall
at
all
times
during
the
operation
of
the
international
air
service
comply
with
the
requirements
specified
-
in
section
25
(2);
-
- (b)the
permit
shall
lapse
if
the
fees
referred
to
in
section
43
(1) (e)
are
not
paid
within
the
prescirbed
period;
-
- (c)the
permit
shall
lapse
as
soon
as
the
estate
of
the
permit holder
is
sequestrated
or
wound
up,
as
the
case
may
be;
and
-
- (d)the
permit
holder
shall
communicate
on
arrival
at
any
airport in
the
Republic
the
particulars
of
the
permit
to
themanager
of the
airport.
-
- [Para.
(d)
added
by
s.
10
of
Act
No.
10
of
1996.]
-
- (2)
The
Commissioner
for
Civil
Aviation
may,
subject
to
the provisions
of
subsection
(1),
issue
a
permit
subject
to
any
other condition
which
the
Commissioner
for
Civil
Aviatoin
deems
-
necessary
in
the
interest
of
public
safety.
-
- 29.
Cancellation
of
permit.—(1)
The
Commissioner
for
Civil
-
Aviation
may,
if
he
on
reasonable
grounds
suspects
that
a
-
permit
holder
has
failed
to
comply
with
a
provision
of
this
Act
-
or
with
a
provision
or
condition
of
his
permit,
cancel
the
permit
concerned.
-
- (2)
No
permit
shall
be
cancelled
in
terms
of
subsection
(1)
-
unless—
-
- (a)the
Commissioner
for
Civil
Aviation
has
notified
the
permit holder
in
writing
of
his
suspicions
referred
to
in
subscetion
(1), stating
the
grounds
for
such
suspicions;
and
-
- (b)the
Commissioner
for
Civil
Aviation
has
given
the
permit holder
the
opportunity
to
address
representations
to
him
in writing,
within
the
period
determined
by
him,
regarding
those
suspicions.
-
- 30.
Application
for
operating
certificate
and
approval
of operations
manual.—(1)
A
licensee
shall
apply
to
the Commissioner
for
Civil
Aviation
on
the
prescribed
form
for
the issuing
of
an
operating
certificate.
-
- (1A)
A
licensee
shall
apply
to
the
Cmomissioner
for
Civil
-
Aviation
in
the
prescribed
manner
for
the
approval
of
an operations
manual.
-
- (2)
An
application
in
terms
of
subsection
(1)
shall
be accompanied
by
the
prescribed
particulars
and
documents.
-
- [S.
30
substituted
by
s.
11
of
Act
No.
10of
1996.]
-
- 31.
Adjudication
of
application
for
operating
certificate—.(1)
In
considering
an
application
referred
to
in
section
30
(1)
the Commissioner
for
Civil
Aviation
may
conduct
the
investigation
-
he
deems
necessary.
-
- (2)
The
Commissioner
for
Civil
Aviation
shall
issue
an
-
operating
certificate
to
a
licensee
on
the
prescribed
form
if
that licensee
satisfies
the
Commissioner
for
Civil
Aviation
tha—t
-
- (a)he
will
comply
with
the
provisions
of
sections
20
and
22;
and
-
- (b)he
will
not
operate
the
intrenational
air
service
concerned
contrary
to
any
provision
of
this
Act,
the
Aviation
Act,
1962 (Act
No.
74
of
1962),
or
the
Civil
Aviation
Offences
Act,
1972 (Act
No.
10
of
1972).
-
- (3)
If
the
Commissioner
for
Civil
Aviation
is
not
so
satisfied
he shall
notify
the
licensee
thereof,
stating
his
grounds
in
the
notification,
and
grant
the
licensee
the
opportunity
to
rectify
or supplement
any
defect
within
the
period
determined
by
the Commissioner
for
Civil
Aviation,
after
which
period
the Commissioner
for
Civil
Aviation
shall
grant
or
refuse
the application
concerned.
-
- 32.
Period
of
validity
of
operating
certificate—.(1)
An
operating
certificate
shall
be
valid
for
such
period
as
may
be determined
by
the
Commissioner
for
Civil
Aviation:
Provided
-
that
such
period
shall
not
exceed
a
period
of
12
months
from
the
-
date
of
issuing
thereof.
-
- (2)
If
the
holder
of
an
operating
certificate
applies,
at
least
30 days
prior
to
the
expiry
thereof,
for
a
new
operating
certificate,
that
first-mentioned
operating
certificate
shall,
notwithstanding
-
the
provisions
of
subsection
(1),
remain
in
force
until
such holder
is
notified
by
the
Commissioner
for
Civil
Aviation
of
the result
of
his
application
for
a
new
operating
certificate.
-
- 33.
Suspension
of
operatingcertificate.—(1)
If
the
-
Commissioner
for
Civil
Aviation
is
of
the
opinion
tha—t
-
- (a)the
holder
of
an
operating
certificate
is
operating
the
international
air
service
concerned
contrary
to
the
provisions
of the
laws
mentioned
in
section
31
(2)
(b);
or
-
- (b)the
particulars
and
documents
furnished
in
terms
of
section
-
30
are
defective
or
misleading,
-
- the
Commissioner
for
Civil
Aviation
may
suspend
that
-
operating
certificate:
Provided
that
the
Commissioner
for
Civil Aviation
shall
only
suspend
such
operatnig
certificate
after
he has
given
the
holder
thereof
the
opportunity
to
make
representations
in
writing
and
to
show
cause,
within
the
period
determined
by
the
Commissioner
for
Civil
Aviation,
why
that operating
certificate
should
not
be
suspended.
-
- (2)
Upon
the
expiry
of
the
period
referred
to
in
subsection
(1),
-
which
period
shall
not
be
less
than
21
days,
the
Commissioner for
Civil
Aviation
may
suspend
the
operating
certificate
concerned
for
such
period
and
on
such
conditions
as
he
may determine.
-
- (3)
The
Commissioner
for
Civil
Aviation
shall
notify
the council
of
a
suspension
referred
to
in
subsection
(2).
-
- 34.
Register
of
operating
certificates—.(1)
The
Commissioner
-
for
Civil
Aviation
shall
keep
a
register
of
operating
certificates
issued
in
terms
of
this
Act.
-
- (2)
The
register
concerned
shall
be
kept
in
the
prescribed
manner
and
shall
contain
the
prescribed
particulars.
-
- (3)
Information
from
such
register
shall
be
furnished
by
the Commissioner
for
Civil
Aviation
to
any
person
who,
inhte
opinion
of
the
Commissioner
for
Civil
Aviation,
on
reasonable
grounds
requires
such
information.
-
- CHAPTER
III GENERAL
-
35.
Air
transport
service
agreements—.(1)
The
Minister
may, with
the
approval
of
the
State
President
and
subject
to
the provisions
of
this
Act,
enter
into
any
air
transport
service
agreement
with
the
government
or
other
appropriate
authority
of another
State
or
territory
regarding
the
control
over
and regulation
of
any
class
or
type
of
international
air
service operated
or
to
be
operated
between
the
Republic
and
that
State or
territory.
-
- (2)
An
agreement
contemplated
in
subsection
(1)
may
include
arrangements
with
regard
to—
-
- (a)the
designation
by
the
Republic
and
that
other
State
or territory
of
one
or
more
persons
who
oeprate
an
international
air service
to
operate
such
an
air
service
over
a
route
mentioned
in the
agreement
between
the
Republic
and
that
other
State
or territory;
-
- (b)the
control
over
the
capacity
and
frequency
of
international
air
services;
-
- (c)the
reciprocal
exchange
of
rights
to
load
or
discharge
passengers,
cargo
or
mail,
as
the
case
may
be;
-
(d)the
filing
and,
if
applicable,
the
approval
of
tariffs;
(e)anti-competitive
or
predatory
practices
by
the
persons
who
-
operate
international
air
services;
-
- (f)the
entering
into
commercial
agreements
by
the
persons
who operate
international
air
services;
-
- (g)the
reciprocal
equal
treatment
of
the
persons
who
operate
international
air
services;
-
- (h)the
reciprocal
recognition
of
the
laws
relating
to immigration,
quarantine,
customs
and
clearance;
and
-
- (i)in
general,
to
achieve
the
objectives
mentioned
in
section
3 (3).
-
36.
Functions
of
Commissioner
for
Civil
Aviation—.The
provisions
of
section
3
(3)
shall
apply
mutatis
mutandis
to
the Commissioner
for
Civil
Aviation
when
he
performs
the
-
functions
conferred
upon
him
in
terms
of
this
Act.
-
- 37.
Appeal.—(1)
Any
person
who
feels
aggrieve—d
-
- (a)by
the
refusal
of
the
council
or
the
Commissioner
for
Civil Aviation
to
issue
to
him
a
licence,
a
permit
or
an
oeprating
certificate,
as
the
case
may
be;
-
- (b)by
a
decision
of
the
council
in
terms
of
section
21
(2)
(b)
or
-
(c);
or
-
- (c)by
a
decision
of
the
Commissioner
for
Civil
Aviation
in terms
of
section
29
(1)
or
33
(2),
-
- may
in
the
prescribed
manner
appeal
agaisnt
such
refusal
or decision
to
the
provincial
or
local
division
of
the
Supreme
Court of
South
Africa
having
jurisdiction
in
the
area
within
which
-
such
person
is
resident,
within
30
days
after
he
became
aware
of such
refusal
or
decision,
or
within
suchfurther
period,
not exceeding
two
months,
as
the
said
court
may
allow
on
good
-
cause
shown.
-
- (2)
The
court
referred
to
in
subsection
(1)
ma—y
-
- (a)confirm,
vary
or
set
aside
the
refusal
or
decision
of
the council
or
Commissioner
for
Civil
Aviation,
as
teh
case
may
be;
-
- (b)give
such
other
decision
as
the
council
or
the
Commissioner for
Civil
Aviation,
as
the
case
may
be,
was
able
to
give;
or
-
- (c)remit
the
case
to
the
council
or
the
Commissioner
for
Civil Aviation,
as
the
case
may
be,
with
such
instructinos
as
that court
may
deem
fit.
-
- (3)
The
court
concerned
may
issue
any
order
regarding
costs which
the
court
under
the
circumstances
deems
fair.
-
- (4)
A
decision
given
in
terms
of
subsection
(2)
shall,
for
the purposes
of
this
Act,
be
deemed
to
be
a
deicsion
of
the
council or
the
Commissioner
for
Civil
Aviation,
as
the
case
may
be.
-
- 38.
Secrecy.—Any
person
who
is
or
was
concerned
in
the performance
of
any
function
in
terms
of
this
Act,
shall
not disclose
any
information
which
he
obtained
in
the
perofrmance
of
such
a
function
except—
-
- (a)to
any
person
who
of
necessity
requires
it
for
the performance
of
his
functions
in
terms
of
this
Act;
-
- (b)if
he
is
a
person
who
of
necessity
supplies
it
in
the performance
of
his
functions
in
terms
of
this
Act;
-
- (c)such
information
which
is
required
in
terms
of
any
law
or
as evidence
in
any
court
of
law;
or
-
- (d)to
any
competent
authority
which
requires
it
for
the
-
institution,
or
an
investigation
with
a
view
to
the
institution,
of
-
any
criminal
prosecution.
-
- 39.
Limitation
of
liability.—No
person,
including
the
State,
-
shall
be
liable
in
respect
of
anything
done
or
omitted
in
good faith
in
the
exercise
of
a
power
or
the
performance
of
a
duty
-
under
or
by
virtue
of
this
Act,
or
in
respect
of
anything
that
may
-
result
therefrom.
-
- 40.
Offences
and
penalties.—(1)
Any
person
who—
-
(a)fails
to
comply
with
a
direction
referred
to
in
section
12
(1) or
(3),
or
fails
to
remain
in
attendance
after
appearing
in
terms of
section
12
(1),
or
refuses
to
be
sworn
or
to
affirmas
a
witness
-
or
to
be
interrogated
by
the
council
in
terms
of
section
12
(3),
or
-
any
person
in
terms
of
section
17
(3)
(d),
or
to
answer
questions during
such
interrogation;
-
- (b)contravenes
or
fails
to
comply
with
section
13
or
a
term
or condition
referred
to
in
section
13
or
a
condition
referred
to
in section
20
or
28;
-
(c)refuses
or
fails
to
fulfil
the
duties
referred
to
in
section
22;
(d)falsifies,
counterfeits,
alters,
defaces
or
mutilates,
or
adds
-
anything
to,
a
licence,
permit,
operating
certfiicate
or
other document
issued
under
this
Act,
or
is
in
possession
of
a
licence, permit,
operating
certificate
or
other
document
which
has
been
-
thus
falsified,
counterfeited,
altered,
defaced
or
mutilated,
or
to which
an
addition
has
been
made;
-
- (e)uses
a
licence,
permit,
operating
certificate
or
other
document issued
under
this
Act
of
which
he,
she
or
it
is
not
the
holder;
-
- [Para.
(e)
substituted
by
s.
12
(a)
of
Act
No.
10
of
1996.]
-
- (e
A)permits
a
licence,
permit,
operating
certificate
or
other document
issued
under
this
Act
of
which
he,
she
or
it
is
the holder,
to
be
used
by
any
other
person;
-
- [Para.
(eA)
inserted
by
s.
12
(b)
of
Act
No.
10
of
1996.]
-
- (f)for
the
purposes
of
any
application
or
representations
in
terms of
this
Act
or
during
interrogation
in
terms
of
section
12
(3)
or
-
17
(3)
(d),
furnishes
infor–mation
or
particulars
which
to
his
-
knowledge
are
false
or
misleading
in
any
material
respect;
-
- (g)uses
an
aircraft
which
is
being
used
in
operating
an international
air
service
in
contravnetion
of
the
terms
of
an exemption
granted
to
him,
her
or
it
under
section
13
(7),
-
- [Para.
(g)
added
by
s.
12
(c)
of
Act
No.
10
of
1996.]
-
- shall
be
guilty
of
an
offence.
-
- (2)
Any
person
who
is
convicted
of
an
offence
in
terms
of subsection
(1)
shall—
-
- (a)in
the
case
of
an
offence
referred
to
in
subsection
(1)
(a)
or (c),
be
liable
to
a
fine,
or
to
imprisonment
for
a
period
not exceeding
one
year;
or
-
- (b)in
the
case
of
an
offence
referred
to
in
subsection
(1)
(b),
(d), (e),
(eA),
(f)
or
(g),
be
liableto
a
fine,
or
to
imprisonment
for
a period
not
exceeding
five
years.
-
- [Para.
(b)
substituted
by
s.
12
(d)
of
Act
No.
10
of
1996.]
-
41.
Presumptions
and
evidence.—In
criminal
proceedings
under
this
Act—
-
- (a)it
shall
be
presumed,
unless
the
contrary
is
rpoved,
that
an aircraft
which
is
being
used
in
operating
an
air
service,
is
so used
by
the
person
in
whose
name
that
aircraft
is
registered,
whether
in
terms
of
a
provision
in
force
in
the
Republic
or elsewhere,
or
that
such
person
caused
it
to
be
so
sued;
-
- (b)it
shall
be
presumed,
unless
the
contrary
is
proved,
that
an aircraft
which
is
registered
in
the
name
of
a
licensee
or
permit holder
and
which
is
being
used
in
operating
an
air
service contrary
to
the
terms
and
conditions
of
such
licence
or
pemrit,
-
as
the
case
may
be,
is
so
used
by
that
licensee
or
permit
holder or
that
such
licensee
or
permit
holder
caused
it
to
be
so
used;
-
- (c)it
shall
be
presumed,
unless
the
contrary
is
proved,
that
the conveyance
in
an
aircraft
of
any
person,
in
additionto
the
-
normal
operating
crew,
or
of
any
goods
is
conveyance
for reward;
-
- (d)a
certificate
issued
by
the
chairman
of
the
council
or
the Commissioner
for
Civil
Aviation
stating
that
a
licence
or
permit or
operating
certificate,
as
the
case
may
be,
has
nto
been
granted or
issued
to
a
specified
person
shall,
upon
the
mere
production
thereof,
be
accepted
as
prima
facie
proof
of
the
facts
mentioned
therein;
-
- (e)a
copy
of
a
licence
or
permit
shall,
upon
the
mere
production
thereof,
be
accepted
as
prima
faice
proof
of
the
fact
that
the person
whose
name
appears
as
licensee
or
permit
holder,
as
the case
may
be,
on
that
copy,
was
the
licensee
or
permit
holder
in respect
of
the
air
service
concerned
at
the
time
when
the
offence was
committed;
-
- (f)a
certified
extract
from
or
a
copy
of
any
register
kept
in
terms of
this
Act
shall,
upon
the
mere
production
thereof,
be
accepted
-
as
prima
facie
proof
of
the
facts
mentioned
therein;
and
-
- (g)it
shall
be
presumed,
unless
the
contrary
is
proved,
that
a falsified,
counterfeited,
altered,
defaced
or
mutilated
licence, permit,
operating
certificate
or
other
document
issued
under
this Act,
has
been
so
falsified,
counterfeited,
altered,
defaced
or mutilated
by
the
person
in
whose
possession
it
has
been
found
-
or
that
that
person,
in
the
case
of
an
addition,
has
made
the addition.
-
- 42.
Delegation.—(1)
The
Commissioner
for
Civil
Aviation may,
subject
to
such
conditions
as
he
may
deem
necessar—y
-
- (a)delegate
to
an
officer
employed
by
the
department
any
power conferred
upon
him
in
terms
of
this
Act;
or
-
- (b)authorize
an
officer
employed
by
the
department
to
perform any
duty
assigned
to
him
in
terms
of
this
Act.
-
- (2)
The
provisions
of
subsection
(1)
shall
not
apply
to
an application
in
terms
of
section
23
(1)
or
(2).
-
- (3)
Any
person
to
whom
any
power
has
been
so
delegated
or
-
who
has
been
authorized
to
perform
any
duty
shall
exercise
that
-
power
or
perform
that
duty
subject
to
the
directions
of
the Commissioner
for
Civil
Aviation,
and
the
Commissioner
for Civil
Aviation
may
at
any
time
revoke
such
delegation
or
-
authorization.
-
- (4)
Any
delegation
or
authorization
under
subsection
(1)
shall not
prevent
the
Commissioner
for
Civil
Aviation
from
-
exercising
that
power
or
performing
that
duty
himself.
-
- 43.
Regulations.—(1)
The
Minister
may,
after
consultation
with
the
council,
make
regulations
regardin—g
-
- (a)the
payment
of
fees
in
respect
of
any
application
made
in terms
of
this
Act;
-
- (b)the
payment
of
fees
in
respect
of
the
reasons
for
the
approval or
refusal
of
an
application
for
a
licence;
-
- (c)the
payment
of
fees
in
respect
of
the
issuance
of
a
licence
or permit,
or
the
amendment
thereof,
including
the
period
within which
such
fees
shall
be
paid;
-
- (d)the
payment
of
fees
in
respect
of
the
issuance
of
an
operantgi
certificate,
including
the
period
within
which
such
fees
shall
be paid;
-
(e)the
payment
of
annual
fees
in
respect
of
a
licence
or
a
permit; (f)the
payment
of
fees
in
respect
of
the
providing
of
information
-
from
any
register
which
is
kept
in
terms
ofthis
Act;
-
- (f
A)the
circumstances
under
which,
and
the
persons
to
whom, exemption
may
be
granted
from
the
requirement
to
pay
the appropriate
fee
in
respect
of
an
application
for
a
permit;
-
- [Para.
(fA)
inserted
by
s.
13
of
Act
No.
10
of
1996.]
-
- (f
B)the
manner
and
form
in
which
an
application
for
a
tour operator’s
permit
shall
be
addressed
to
the
Commissioner
for Civil
Aviation;
-
- [Para.
(fB)
inserted
by
s.
13
of
Act
No.
10
of
1996.]
-
(f
C)the
criteria
according
to
which
an
application
for
a tour
operator’s
permit
shall
be
considered,
and
the
adjudication
of such
application;
-
- [Para.
(fC)
inserted
by
s.
13
of
Act
No.
10
of
1996.]
-
- (f
D)the
issuing
of
a
tour
operator’s
permit
and
the
period
of validity
of
such
permit;
-
- [Para.
(fD)
inserted
by
s.
13
of
-
- cAt
No.
10
of
1996.]
- (f
E)the
carrying
out
of
in-flight
inspections;
-
- [Para.
(fE)
inserted
by
s.
13
of
Act
No.
10
of
1996.]
-
- (g)any
matter
which
in
terms
of
this
Act
is
required
or
permitted to
be
prescribed;
and
-
- (h)any
other
matter
the
regulation
of
whcih,
in
the
opinion
of the
Minister,
may
be
necessary
or
desirable
in
order
to
achieve or
promote
the
objects
of
this
Act.
-
- (2)
Any
regulation
made
under
subsection
(1)
may
provide
that any
person
who
contravenes
a
provision
thereof
or
fails
to
- comply
therewith
shall
be
guilty
of
an
offence
and
on
-
conviction
be
liable
to
a
fine,
or
to
imprisonment
for
a
period not
exceeding
6
months.
-
- (3)
Before
the
Minister
makes
any
regulation
under
this section,
he
shall
publish
the
regulations
he
intends
to
makeby
notice
in
the
Gazette.
-
- (4)
After
publication
of
the
notice
referred
to
in
subsection
(3) any
interested
person
may,
within
a
period
stated
in
the
notice, but
not
less
than
four
weeks
as
from
the
date
of
publication
of
-
the
notice,
address
representations
in
writing
to
the
Directo-r
General:
Transport
for
submission
to
the
Minister
regarding
the regulations
concerned.
-
- (5)
After
considering
the
representations
referred
to
in subsection
(4),
the
Minister
may,
whether
or
not
he
has
adjusted the
regulations
concerned,
publish
those
regulations
in
their final
form
by
notice
in
the
Gazette.
-
- (6)
Regulations
referred
to
in
subsection
(1)
shall,
within
14 days
after
they
were
published
under
subsection
(5),
be
laid upon
the
Table
in
Parliament
if
Praliament
is
then
in
ordinary
-
session,
or,
if
Parliament
is
not
then
in
ordinary
session,
within
-
14
days
after
the
commencement
of
its
next
ensuing
ordinary
session.
-
- 44.
Service
of
documents
and
notices—.Any
notice,
order
or other
document
which
is
required
in
terms
of
this
Act
to
be served
or
given
to
any
person
may
be
sent
by
post
or
may
be delivered
to
such
person
personally
or,
at
such
person’s
residence
or
place
of
employment
or
business,
to
any
other person
who
is
apparently
over
the
age
ofsixteen
years.
-
- 45.
Fees
received
and
expenditure
incurred—.(1)
All
fees received
in
terms
of
this
Act
shall
be
paid
into
the
State Revenue
Account
referred
to
in
section
81
of
the
Republic
of South
Africa
Constitution
Act,
1983
(Act
No.
110
of
1983.)
-
- (2)
All
expenditure
incurred
by
the
council
in
the
exercise
of
its powers
or
the
performance
of
its
duties
shall
be
defrayed
from moneys
appropriated
by
Parliament
for
this
purpose.
-
- 46.
Act
binds
State.—The
provisions
of
this
Act,
except
the provisions
which
are
applicable
to
criminal
liability,
shall
bind the
State.
-
- 47.
Repeal
of
laws,
and
savings—.(1)
An
air
carrier’s
licence or
an
operating
certificate
issued
in
terms
of
the
International
Air
Services
Act,
1949
(Act
No.
51
of
1949),
andin
force
immediately
prior
to
the
commencement
of
this
Act,
shall
be deemed
to
be
an
international
air
service
licence
or
operating
certificate,
as
the
case
may
be,
issued
in
terms
of
this
Act
and shall
remain
in
force,
subject
to
the
conditions
underwhich
it
-
was
issued
and
in
so
far
as
it
could
have
been
issued
under
this Act,
until
such
date
as
the
Minister
may
determine
by
notice
in the
Gazette:
Provided
that
that
date
shall
be
at
least
six
months from
the
date
of
such
notice.
-
- (2)
The
council
may,
in
its
discretion,
exempt
the
holder
of
an
-
air
carrier’s
licence
referred
to
in
subsection
(1)
from
furnishing
-
the
particulars
or
the
information
referred
to
in
section
15
(3)
if such
holder
applies
for
the
issuing
of
a
licence
in
terms
of
-
section
15.
-
[Sub-s.
(2)
substituted
by
s.
27
of
Act
No.
16
of
1995.]
-
- (3)
Any
reference
in
any
other
law
to
the
International
Air Services
Act,
1949,
shall
from
the
date
of
the
commencement
of this
Act
be
deemed
to
be
a
reference
to
the
corresponding
provision
of
this
Act.
-
- (4)
The
laws
mentioned
in
the
Schedule
are
hereby
repealed
to the
extent
indicated
in
column
3
thereof.
-
- 48.
Short
title
and
commencement—.This
Act
shall
be
called
the
International
Air
Services
Act,
1993,
and
shall
come
into operation
on
a
date
fixed
by
the
State
President
by
proclamation in
the
Gazette.
-
- Schedule
-
- laws
repealed
-
- (Section
47)
-
- No.
and
Year
Title
or
Subject
Extent
of
Repeal
-
- Act
No.
51
of
1949
International
Air
Services
Act,
1949
The
repeal
of
the
whole. -
- Act
No.
6
of
1964
Air
Services
Amendment
Act,
1964
The
repeal
of
the
whole. -
- Act
No.
97
of
1986
Transfer
of
Powers
and
Duties
of
the State
President
Act,
1986
The
repeal
in
the
First
and
Second Schedules
of
items
relating
to
the
Air
Services
Act,
1949
(Act No.
51
of
1949).
-
- Act
No.
9
of
1989
Legal
Succession
to
the
South
African
Transport
Services
Act,
1989
The
repeal
in
Part
6
and
Part
7 of
Schedule
2
of
items
relating
to
the
Air
Services
Act,
1949 (Act
No.
51
of
1949)
-
- Act
No.
115
of
1990
Air
Services
Licensing
Act,
1990
The
repeal
of
Part
I
and
Part
II
of
the
Schedule.
-
- Act
No.
99
of
1992
International
Air
Services
Amendment
-
Act,
1992
The
repeal
of
the
whole.
|
