AVIATION LAWS AMENDMENT ACT

NO. 98 OF 1996

[ASSENTED TO 12 NOVEMBER 1996][DATE OF 
COMMENCEMENT: TO BE PROCLAIMED]

(Afrikaans text signed by the President.)

ACT

To amend the Aviation Act, 1962, so as to further define or to 
substitute certain expressions; to make further provision in 
respect of the appointment of inspectors and authorized persons; 
to make other provision in respect of the power to make 
regulations; to substitute an obsolete reference; to empower the 
Commissioner for Civil Aviation to issue technical standards 
for civil aviation; and to effect certain amendments to the 
Convention on International Civil Aviation; to amend the Civil 
Aviation Offences Act, 1972, so as to further define a certain 
expression; to amend the Air Services Licensing Act, 1990, so 
as to further define certain expressions; to dispense with the 
power to issue operating certificates in terms of the said Act; 
and to restrict the power to make regulations; to amend the 
Airports Company Act, 1993, so as to further define a certain 
expression; and to substitute an obsolete reference; to amend the 
Air Traffic and Navigation Services Company Act, 1993, so as 
to further define or to delete certain expressions; and to 
substitute an obsolete reference; and to amend the International 
Air Services Act, 1993, so as to further define certain 
expressions; and to dispense with the power to issue operating 
certificates in terms of the said Act; and to provide for matters 
connected therewith.

1.   Amendment of section 1 of Act 74 of 1962, as amended by 
section 3 of Act 12 of 1965, section 1 of Act 83 of 1969, section 
1 of Act 63 of 1981, section 1 of Act 4 of 1982, section 33 of 
Act 115 of 1990, section 1 of Act 16 of 1992 and section 19 of 
Act 44 of 1993.—Section 1 of the Aviation Act 1962 is hereby 
amended—

(a)by the insertion after the definition of “accident” of the 
following definition:

“ ‘aerodrome’ means any demarcated area on land or water or 
any building which is used or intended to be used either wholly 
or in part, for the arrival or departure of aircraft, and includes 
any building, installation or equipment within such area which 
is used or intended to be used in connection with the arrival, 
departure or movement of aircraft;”;

(b)by the deletion of the definition of “airport”;

(c)by the insertion after the definition of “authorized officer” of 
the following definition:

“ ‘authorized person’ means an authorized person designated in 
terms of section 5 (4) (a); ;

(d)by the insertion after the definition of South African aircraft” 
of the following definition:

“ ‘technical standard’, in relation to civil aviation, means any 
standard, including any rule, requirement, method specification 
characteristic or procedure, issued by the Commissioner in 
accordance with the provi–sions of section 22A (1) in respect of 
civil aircraft or aircraft components, persons engaged in any 
civil aviation activity and civil aviation related services, 
facilities or equipment;”; and

(e)by the addition of the following subsection, the existing 
section becoming subsection (1):

(2)  The definition of aerodrome in subsection (1) shall not 
derogate from the ordinary meaning of the word ‘airport’.”.

2.   Amendment of section 5 of Act 74 of 1962, as inserted by 
section 2 of Act 16 of 1992.—Section 5 of the Aviation Act 
1962 is hereby amended by the substitution for paragraph (a) of 
subsection (4) of the following paragraph:

“(a)designate one or more—

(i)officers in the service of the department as inspectors or 
authorized officers; and

(ii)persons who are not in the service of the department as 
inspectors or authorized persons,

whose qualifications, powers and duties shall subject to the 
provisions of section 4 (2) and (3), be as prescribed; and”.

3.   Amendment of section 19 of Act 74 of 1962, as amended by 
section 33 of Act 115 of 1990 and section 4 of Act 16 of 
1992.—Section 19 of the Aviation Act, 1962, is hereby 
amended—

(a)by the deletion in subsection (3) of the expression “in the 
case of an air carrier as defined in section l of the International 
Air Services Act, 1949 (Act No. 51 of 1949), or”; and

(b)by the insertion after the expression “Air Services Licensing 
Act, l 990 ‘ in the said subsection (3) of the expression “, or in 
section 1 of the International Air Services Act, 1993 (Act No. 
60 of 1993)”.

4.   Amendment of section 22 of Act 74 of 1962, as amended by 
section 5 of Act 12 of 1965, section 3 of Act 83 of 1969, section 
25 of Act 62 of 1973, section 7 of Act 4 of 1982, section 2 of 
Act 1 of 1984, section 5 of Act 16 of 1992, section 25 of Act 44 
of 1993, section 17 of Act 45 of 1993 and section 11 of Act 16 
of 1995.—Section 22 of the Aviation Act, 1962, is hereby 
amended—

(a)by the substitution for subsection (1) of the following 
subsection:

(1)  The Minister may make regulations regarding—

(a)subject to section 3 (1) (a) the carrying out of or the giving 
effect to, the provisions of the Convention and the Transit 
Agreement;

(b)the powers or the duties of the Commissioner, including the 
issue, the amendment or the withdrawal of technical standards 
for civil aviation, and the determination of the matters in respect 
of which such standards may be issued;

(c)the qualifications, the powers or the duties of authorized 
officers inspectors and authorized persons;

(d)the designation of medical examiners for the purposes of this 
Act, including—

(i)the manner in which, and the person by whom, such 
designation may take place;

(ii)the suspension or the withdrawal of such designation;

(iii)the conditions, the requirements or the qualifications for 
such designation; and

(iv)the certificates issued by the said examiners and the 
conditions or the requirements for such issue;

(e)the designation of a body or institution for the purposes of 
this Act—

(i)to exercise control over medical examinations or tests and 
over the persons performing such examinations or tests;

(ii)to determine standards for such examinations or tests and for 
the training of such persons;

(iii)to issue, to amend, to suspend or to withdraw medical 
certificates and to keep all books or documents regarding such 
examinations or tests; and

(iv)to advise the Commissioner on any matter connected with 
such examinations tests or persons and on the training of the 
persons specified in the regulations in first aid;

(f)the designation of a body or institution for the purposes of 
this Act—

(i)to exercise control over the training courses specified in the 
regulations, over the tests or the verifications of skill or 
proficiency specified in the regulations and over the persons 
conducting such courses, tests or verifications;

(ii)to determine standards for such courses, tests or verifications 
and for the training of such persons;

(iii)to issue or to confirm certificates for the successful 
completion of such courses, tests or verifications, to suspend or 
to withdraw such certificates, and to keep all books or 
documents regarding such courses, tests or verifications; and

(iv)to advise the Commissioner on any matter connected with 
such courses tests verifications or persons;

(g)the designation of a body or institution for the purposes of 
this Act—

(i)to exercise control over the aviation recreational activities 
specified in the regulations;

(ii)to determine standards for the airworthiness or the operation 
of aircraft engaged in such activities; and

(iii)to advise the Commissioner on any matter connected with 
the airworthiness or the operation of aircraft engaged in such 
activities and on the licensing of persons involved in such 
activities;

(h)the designation of a body or institution for the purposes of 
this Act—

(i)to promote aviation safety or to reduce the risk of aircraft 
accidents or incidents; and

(ii)to advise the Commissioner on any matter connected with 
the promotion of aviation! safety or the reduction of the risk of 
aircraft accidents or incidents;

(i)subject to section 12, the reporting or the investigation of 
aircraft accidents or incidents, including—

(i)the persons by whom or to whom such accidents or incidents 
shall be reported;

(ii)the procedure to be followed in reporting such accidents or 
incidents or in investigating such accidents or incidents;

(iii)the imposition of a prohibition, pending investigation of 
access to or interference with any aircraft involved in an 
accident or incident and the granting of authorization to one or 
more persons, in so far as it may be necessary for the purposes 
of the investigation, to have access to such aircraft, to examine 
or to remove such aircraft, to take steps for the preservation 
thereof or to deal otherwise therewith; and

(iv)the investigation of any other accident or incident reported 
in respect of the provision of any air traffic service;

(j)the exercising of control over the conveyance in aircraft of 
dangerous goods specified or defined in the regulations 
including—

(i)the imposition of a prohibition of the conveyance of such 
goods; and

(ii)the issue of licences or certificates to persons specified in the 
regulations and engaged in the consigning or acceptance of such 
goods;

(k)the requirements to be complied with or the steps to be taken 
in connection with the conveyance in aircraft of any animal as 
defined in section 1 of the Animals Protection Act 1962 (Act 
No. 71 of 1962) or any fish as defined in section 1 of the Sea 
Fishery Act 1988 (Act No. 12 of 1988);

(l)the delimitation, the designation or the restriction of airspace, 
including—

(i)the designation of airspace for the purposes specified in the 
regulations;

(ii)the restriction or the prohibition of aircraft from flying 
within any airspace specified in the regulations;

(iii)the conditions under which the airspace within which or the 
aerodromes at which aircraft coming from any place outside the 
Republic shall land and the conditions under which, the 
airspace within which or the aerodromes from which aircraft 
shall depart to any place outside the Republic; and

(iv)the provision of measures to prevent aircraft from flying 
within any airspace in contravention of any such restriction or 
prohibition or from entering or leaving the Republic in 
contravention of any provision of this Act;

(m)the provision of general operating rules flight rules and air 
traffic rules in respect of civil aviation, including—

(i)the terminology, including definitions abbreviations and units 
of measurement, to be used;

(ii)the identification, the classification or the registration of 
aircraft;

(iii)the identification, the licensing or the certification of 
persons engaged in any civil aviation activity;

(iv)the prevention of nuisances arising from air navigation, 
aircraft factories aerodromes or other aircraft establishments, 
including the prevention of nuisance due to noise or vibration 
originating from the operation of machinery in aircraft on or 
above aerodromes, whether by the installation in aircraft or on 
aerodromes of means for the prevention of such noise or 
vibration or otherwise;

(v)the approval or where appropriate the design of let-down and 
missed approach procedures;

(vi)the safety or the security of persons and property, including 
the conditions under which any aircraft shall be operated, the 
conditions under which any act may be performed in or from an 
aircraft and the maximum hours of duty of flight crew cabin 
crew or air traffic service personnel for the purposes of aviation 
safety;

(vii)the order in which aircraft may be requisitioned and flight 
crew may be called out under section 17 (1) the carrying out or 
the co-ordination of any air search and rescue operations and 
the rate at which compensation is to be paid by the State in 
respect of any such requisitioning or calling out;

(viii)the signals or other communications which may or shall be 
conveyed by or to any aircraft, or any person therein, and the 
acknowledgement of or the compliance with, such signals or 
communications;

(ix)the co-ordination of frequency allocations in bands of the 
radio spectrum allocated for civil aviation use;

(x)the determination of standards for the maintenance of any air 
navigation infrastructure; and

(xi)the flight calibration of any such air navigation 
infrastructure;

(n)the use, the licensing the inspection or the management of 
aerodromes, including—

(I)the prevention of interference with aerodromes and other civil 
aviation related facilities;

(ii)the imposition of a prohibition or the regulation of the use of 
unlicensed aerodromes;

(iii)the approval for the siting of any air navigation 
infrastructure which is not situate on an aerodrome;

(iv)the certification of categories of operations at aerodromes;

(v)the access to aerodromes or other places where aircraft have 
landed or the access to civil aircraft factories for the purposes of 
the inspection of the work carried on therein;

(vi)the imposition of a prohibition or the regulation of the 
erection or the coming into existence of any obstruction 
exceeding the height specified in the regulations within the 
distance so specified from any aerodrome;

(vii)the lighting and marking of obstructions which are situate 
at any aerodrome or within the distance specified in the 
regulations from any aerodrome or which exceed the height so 
specified, or which, according to criteria so specified, constitute 
a danger to aircraft;

(viii)the imposition of a prohibition of or the exercising of 
control over lights at or in the neighbourhood of any aerodrome;

(ix)the registers or the records to be kept at licensed aerodromes 
and the manner in which they shall be kept; and

(x)the technical, operational, security and safety standards in 
respect of a company airport as defined in section 1 of the 
Airports Company Act 1993 (Act No. 44 of 1993);

(o)the provision or the organization of air traffic or navigation 
services, aviation meteorological security or communication 
services and any other civil aviation related services including 
the licensing or the certification of aircraft design 
manufacturing or maintenance organizations and aviation 
training organizations and the designation of aviation 
meteorological organizations;

(p)the determination of standards or specifications in respect of 
civil aircraft or aircraft components persons engaged in any 
civil aviation activity and civil aviation related services 
facilities or equipment including—

(i)for the purposes of ensuring the safe operation of aircraft the 
imposition of a prohibition or the regulation of the use in 
aircraft or aero engines of parts instruments, accessories or other 
materials which do not conform to the specifications or 
standards of quality or manufacture specified in the regulations;

(ii)the requirements relating to the airworthiness the design, . 
the performance, the operation or the maintenance of aircraft, 
aircraft components or aircraft equipment and the specifications 
for materials used, or the standards or the processes which shall 
be applied in the construction of aircraft, aircraft components or 
aircraft equipment; and

(iii)the determination of standards for the training, the grading, 
the licensing or the certification of persons engaged in any such 
activity;

(q)the manner in which, or the conditions under which, any 
licence or certificate required by or under this Act the 
Convention or the Transit Agreement shall be issued renewed or 
confirmed, including—

(i)the courses the examinations, the inspections the tests or the 
verifications which shall be passed or measured up to; and

(ii)the form the custody, the production, the cancellation, the 
suspension, the endorsement or the surrender of any such 
licence or certificate;

(r)the publication of aeronautical information;

(s)the manuals, the registers, the records or the other documents 
to be kept for the purposes of this Act, the Convention or the 
Transit Agreement and the manner in which they shall be kept;

(t)subject to subsection (3), the fees to be paid in respect of the 
matters specified in the regulations;

(u)the exemption from any of the provisions of this Act the 
Convention or the Transit Agreement of any aircraft operated 
for experimental purposes, of any other aircraft or of any person 
in the circumstances or under the conditions specified in the 
regulations;

(v)in general, any matter which the Minister may consider 
necessary or expedient to prescribe in order that the objects of 
this Act may be achieved, and the generality of this paragraph 
shall not be limited by the preceding paragraphs.”; and

(b)by the deletion of subsection (2).

5.   Substitution of section 22A of Act 74 of 1962, as inserted 
by section 3 of Act 1 of 1984 and amended by section 6 of Act 
16 of 1992.—The following section is hereby substituted for 
section 22A of the Aviation Act 1962:

“Technical standards for civil aviation

22A.   (1) (a)  The Commissioner may issue technical standards 
for civil aviation on such matters as may be prescribed by 
regulation.

(b)  The manner in which any technical standard for civil 
aviation shall be issued amended or withdrawn, and the 
procedure to be followed in respect of any such issue 
amendment or withdrawal, shall be as prescribed by regulation.

(2)  Any person who contravenes or fails to comply with a 
provision of a technical standard shall be guilty of an offence 
and liable on conviction to a fine or to imprisonment for a 
period not exceeding five years or to both such fine and such 
imprisonment.

(3)  The Commissioner may incorporate into a technical 
standard any international aviation standard or any amendment 
thereof, without stating the text of such standard or amendment 
by mere reference to the title number and year of issue of such 
standard or amendment or to any other particulars by which 
such standard or amendment is sufficiently identified.

(4)  An officer in the department designated by the 
Commissioner for that purpose shall keep in his office a copy of 
the complete text of each international aviation standard or each 
amendment thereof which has been incorporated into any 
technical standard in accordance with subsection (3), and shall 
at the request in writing of any interested person make such 
copy available free of charge to such person for inspection or 
for making a copy thereof at such person s expense at a place 
approved by the said officer.

(5)  Whenever in any judicial proceedings the question arises 
whether any writing contains the text of any international 
aviation standard or any amendment thereof which has been 
incorporated into any technical standard in accordance with 
subsection (3) any document purporting to be a statement by a 
person who in that statement alleges that he is an officer in the 
department and that a particular writing described in or attached 
to the statement contains the said text shall, on its mere 
production at those proceedings by any person, be prima facie 
proof of the facts stated therein.

(6)  For the purposes of this section, ‘international aviation 
standard’ means any international standard or recommended 
practice or procedure adopted by the International Civil 
Aviation Organization for the purposes of Article 37 of the 
Convention.”.

6.   Substitution of word “airport” and word “airports” in Act 74 
of 1962.—The Aviation Act 1962 is hereby amended by the 
substitution for the word “airport” and the word “airports”, 
wherever they appear, of the word “aerodrome” and the word 
“aerodromes”, respectively.

7.   Amendment of First Schedule to Act 74 of 1962, as 
amended by Proclamation 33 of 1986, Proclamation 204 of 
1973 and Proclamation 194 of 1980.—The First Schedule to the 
Aviation Act 1962 is hereby amended—

(a)by the substitution in Article 56 for the words “twelve 
members” of the words “nineteen members”;

(b)by the insertion after Article 83 of the following Article:

“Transfer of certain functions and duties

Article 83bis.  (a)  Notwithstanding the provisions of Articles 
12, 30, 31 and 32 (a.), when an aircraft registered in a 
contracting State is operated pursuant to an agreement for the 
lease, charter or interchange of the aircraft or any similar 
arrangement by an operator who has his principal place of 
business or, if he has no such place of business, his permanent 
residence in another contracting State, the State of registry may, 
by agreement with such other State, transfer to it all or part of 
its functions and duties as State of registry in respect of that 
aircraft under Articles 12, 30, 31 and 32 (a). The State of 
registry shall be relieved of responsibility in respect of the 
functions and duties transferred.

(b)  The transfer shall not have effect in respect of other 
contracting States before either the agreement between States in 
which it is embodied has been registered with the Council and 
made public pursuant to Article 83 or the existence and scope of 
the agreement have been directly communicated to the 
authorities of the other contracting State or States concerned by 
a State party to the agreement.

(c)  The provisions of paragraphs (a) and (b) above shall also be 
applicable to cases covered by Article 77.”; and

(c)by the insertion after Article 93 of the following Article:

“Termination or suspension of membership

Article 93bis.  (a)  Notwithstanding the provisions of Articles 
91, 92 and 93 above:

(1)A State whose government the General Assembly of the 
United Nations has recommended be debarred from 
membership in international agencies established by or brought 
into relation–ship with the United Nations shall automatically 
cease to be a member of the International Civil Aviation 
Organization;

(2)A State which has been expelled from membership in the 
United Nations shall automatically cease to be a member of the 
International Civil Aviation Organization unless the General 
Assembly of the United Nations attaches to its act of expulsion 
a recommendation to the contrary.

(b)  A State which ceases to be a member of the International 
Civil Aviation Organization as a result of the provisions of 
paragraph (a) above may, after approval by the General 
Assembly of the United Nations, be readmitted to the 
International Civil Aviation Organization upon application and 
upon approval by a majority of the Council.

(c)  Members of the Organization which are suspended from the 
exercise of the rights and privileges of membership in the 
United Nations shall, upon the request of the latter, be 
suspended from the rights and privileges of membership in this 
Organization. .

8.   Amendment of section 1 of Act 10 of 1972, as amended by 
section 1 of Act 63 of 1978, section 1 of Act 4 of 1981 and 
section 27 of Act 44 of 1993.—Section 1 of the Civil Aviation 
Offences Act 1972, is hereby amended by the substitution in 
subsection (1) for the definition of “airport” of the following 
definition:

‘‘ ’airport’ means an aerodrome as defined in section 1 of the 
Aviation Act, 1962 (Act No. 74 of 1962);”.

9.   Amendment of section 1 of Act 115 of 1990, as amended by 
section 1 of Act 15 of 1992 and section 1 of Act 83 of 1995.—
Section 1 of the Air Services Licensing Act, 1990, is hereby 
amended—

(a)by the substitution for paragraph (e) of the definition of “air 
service” of the following paragraph:

“(e)the participation in any air race, navigation rally or other 
aviation sporting event of an aircraft which is sponsored, if the 
sole advertisement by such aircraft consists of the display of the 
name or logo of, or any other reference to, the sponsor in 
question;”;

(b)by the insertion after the definition of “authorized officer” of 
the following definition:

“ ’authorized person’ means an authorized person as defined in 
section 1 of the Aviation Act, 1962,”, and

(c)by the deletion of the definition of “operating certificate”.

10.   Amendment of section 19 of Act 115 of 1990, as amended 
by section 8 of Act 83 of 1995.—Section 19 of the Air Services 
Licensing Act 1990, is hereby amended by the substitution for 
paragraph (b) of the following paragraph:

“(b)on condition that the licensee shall not commence or 
continue with an air service unless he is in possession of a valid 
operating certificate issued under the Aviation Act, 1962 (Act 
No. 74 of 1962);”.

11.   Repeal of sections 22 and 23 of Act 115 of 1990.—
Sections 22 and 23 of the Air Services Licensing Act 1990 are 
hereby repealed.

12.   Amendment of section 24 of Act 115 of 1990, as 
substituted by section 11 of Act 83 of 1995.—Section 24 of the 
Air Services Licensing Act 1990 is hereby amended—

(a)by the deletion of paragraph (a) of subsection (1); and

(b)by the substitution for paragraph (c) of the said subsection 
(1) of the following paragraph:

“(c)keep his, her or its licence in a safe place, and produce such 
licence to an authorized officer, inspector or authorized person 
for inspection if so requested by such officer, inspector or 
person; and”.

13.   Amendment of section 25 of Act 115 of 1990, as amended 
by section 12 of Act 83 of 1995.—Section 25 of the Air 
Services Licensing Act, 1990, is hereby amended—

(a)by the substitution for paragraph (a) of subsection (1) of the 
following paragraph:

(a)by the refusal of the council to issue to him a licence;”;

(b)by the deletion of paragraph (c) of the said subsection (1);

(c)by the substitution for subsection (2) of the following 
subsection:

“(2)  The court referred to in subsection (1) may—

(a)confirm vary or set aside the refusal or decision of the 
council;

(b)give such other decision as the council would have been able 
to give; or

(c)remit the case to the council with such instructions as that 
court may deem fit.”; and

(d)by the substitution for subsection (4) of the following 
subsection:

“(4)  A decision given under subsection (2) shall, for the 
purposes of this Act, be deemed to be a decision of the 
council.”.

14.   Amendment of section 26 of Act 115 of 1990, as amended 
by section 13 of Act 83 of 1995.—Section 26 of the Air 
Services Licensing Act, 1990, is hereby amended—

(a)by the substitution for paragraph (e) of subsection (1) of the 
following paragraph:

“(e)falsifies, counterfeits alters defaces or mutilates or adds 
anything to, a licence or other document issued under this Act, 
or is in possession of a licence or other document which has 
been thus falsified counterfeited altered defaced or mutilated, or 
to which an addition has been made;”;

(b)by the substitution for paragraph (f) of the said subsection 
(1) of the following paragraph:

(f)uses a licence or other document issued under this Act of 
which he, she or it is not the holder;”; and

(c)by the substitution for paragraph (fA) of the said subsection 
(1) of the following paragraph:

“(fA)permits a licence or other document issued under this Act 
of which he, she or it is the holder to be used by any other 
person;”.

15.   Amendment of section 27 of Act 115 of 1990.—Section 27 
of the Air Services Licensing Act, 1990 is hereby amended—

(a)by the substitution for paragraph (d) of the following 
paragraph:

“(d)a certificate issued by the chairman of the council stating 
that a licence has not 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;”; and

(b)by the deletion of paragraph (g).

16.   Amendment of section 29 of Act 115 of 1990, as amended 
by section 16 of Act 204 of 1993 and section 14 of Act 83 of 
1995.—Section 29 of the Air Services Licensing Act, 1990, is 
hereby amended by the deletion of paragraphs (e) and (i) of 
subsection (1).

17.   Amendment of section 1 of Act 44 of 1993.—Section 1 of 
the Airports Company Act 1993, is hereby amended by the 
substitution for the definition of “airport” of the following 
definition:

“ ‘airport’ means an aerodrome 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;”

18.   Amendment of section 5 of Act 44 of 1993.—Section 5 of 
the Airports Company Act 1993, is hereby amended by the 
substitution for paragraph (a) of subsection (2) of the following 
paragraph:

“(a)not have any financial interest either directly or indirectly in 
the provision of any air service as defined in section 1 of the Air 
Services Licensing Act, 1990 (Act No. 115 of 1990) or of any 
international air service as defined in section 1 of the 
International Air Services Act, 1993 (Act No. 60 of 1993);”.

19.   Amendment of section 1 of Act 45 of 1993.—Section 1 of 
the Air Traffic and Navigation Services Company Act 1993, is 
hereby amended—

(a)by the insertion before the definition of “air navigation 
infrastructure” of the following definition:

“ ‘aerodrome’ means an aerodrome as defined in section 1 of 
the Aviation Act, 1962 (Act No. 74 of 1962);”;

(b)by the substitution for the definition of “air navigation 
infrastructure” of the following definition:

“ ‘air navigation infrastructure’ means infrastructure, including 
air navigation aids and air traffic control systems provided for 
the promotion of the safe orderly and expeditious movement of 
air traffic and, where applicable any building or structure on or 
to which such infrastructure or part thereof is housed or 
attached, and includes the premises on which such 
infrastructure or part thereof is situated, whether such building, 
structure or premises are situated within the boundaries of an 
aerodrome or not;”;

(c)by the deletion of the definition of “airport”;

(d)by the substitution for the definition of “air traffic service” of 
the following definition:

“ ‘air traffic service” means an aerodrome control service, an 
approach control service, an area control service, a flight 
information service an air traffic advisory service an alerting 
service or any other service designated by the Commissioner as 
defined in section 1 of the Aviation Act, 1962;”; and

(e)by the substitution for the definition of “air traffic service 
charge” of the following definition:

“ ‘air traffic service charge’ means an amount levied by the 
company on an operator of an aircraft or an aerodrome in 
connection with the use of any air navigation infrastructure by 
or the provision of any air traffic service to, such operator;”;

20.   Amendment of section 5 of Act 45 of 1993.—Section 5 of 
the Air Traffic and Navigation Services Company Act, l 993, is 
hereby amended by the substitution for paragraph (a) of 
subsection (2) of the following paragraph:

“(a)not have any financial interest, either directly or indirectly, 
in the provision of any air service as defined in section 1 of the 
Air Services Licensing Act, 1990 (Act No. 115 of 1990) or of 
any international air service as defined in section 1 of the 
International Air Services Act, 1993 (Act No. 60 of 1993);”.

21.   Amendment of section 1 of Act 60 of 1993, as amended by 
section 1 of Act 10 of 1996.—Section 1 of the International Air 
Services Act, 1993, is hereby amended—

(a)by the substitution in paragraph (a) of the definition of 
“airport” for the words preceding subparagraph (i) of the 
following words:

“an aerodrome as defined in section 1 of the Aviation Act, 1962 
(Act No. 74 of 1962) which is situated in the Republic and 
which—”;

(b)by the insertion after the definition of ‘authorized officer” of 
the following definition:

“ `authorized person’ means an authorized person as defined in 
section 1 of the Aviation Act, 1962;”; and

(c)by the deletion of the definition of “operating certificate”.

22.   Amendment of section 20 of Act 60 of 1993.—Section 20 
of the International Air Services Act, 1993, is hereby amended 
by the substitution for paragraph (b) of subsection (1) of the 
following paragraph:

“(b)the licensee shall not commence or continue with an 
international air service unless he is in possession of a valid 
operating certificate issued under the Aviation Act, 1962 (Act 
No. 74 of 1962);”.

23.   Amendment of section 22 of Act 60 of 1993, as amended 
by section 6 of Act 10 of 1996.—Section 22 of the International 
Air Services Act, 1993, is hereby amended—

(a)by the deletion of paragraph (a) of subsection (1); and

(b)by the substitution for paragraph (c) of the said subsection 
(1) of the following paragraph:

(c)keep his her or its licence in a safe place and produce such 
licence to an authorized officer, inspector or authorized person 
for inspection if so requested by such officer, inspector or 
person; and”.

24.   Repeal of sections 30 to 34 of Act 60 of 1993.—Sections 
30 to 34 of the International Air Services Act 1993, are hereby 
repealed.

25.   Amendment of section 37 of Act 60 of 1993.—Section 37 
of the International Air Services Act, 1993, is hereby 
amended—

(a)by the substitution for paragraph (a) of subsection (1) of the 
following paragraph:

“(a)by the refusal of the council or the Commissioner for Civil 
Aviation to issue to him a licence or a permit, as the case may 
be;”; and

(b)by the substitution for paragraph (c) of the said subsection 
(1) of the following

paragraph:

“(c)by a decision of the Commissioner for Civil Aviation in 
terms of section 29 (l ),”.

26.   Amendment of section 40 of Act 60 of 1993, as amended 
by section 12 of Act 10 of 1996.—Section 40 of the 
International Air Services Act, 1993, is hereby amended—

(a)by the substitution for paragraph (d) of subsection (1) of the 
following paragraph:

“(d)falsifies, counterfeits, alters, defaces or mutilates or adds 
anything to, a licence, permit or other document issued under 
this Act, or is in possession of a licence, permit or other 
document which has been thus falsified counterfeited, altered 
defaced or mutilated, or to which an addition has been made;”;

(b)by the substitution for paragraph (e) of the said subsection 
(1) of the following paragraph:

“(e)uses a licence, permit or other document issued under this 
Act of which he, she or it is not the holder;”; and

(c)by the substitution for paragraph (eA) of the said subsection 
(1) of the following paragraph:

“(eA)permits a licence, permit or other document issued under 
this Act of which he, she or it is the holder to be used by any 
other person;”.

27.   Amendment of section 41 of Act 60 of 1993.—Section 41 
of the International Air Services Act, 1993, is hereby 
amended—

(a)by the substitution for paragraph (d) of the following 
paragraph:

“(d)a certificate issued by the chairman of the council or the 
Commissioner for Civil Aviation stating that a licence or 
permit, as the case may be, has not 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;”; 
and

(b)by the deletion of paragraph (g).

28.   Amendment of section 43 of Act 60 of 1993, as amended 
by section 13 of Act 10 of 1996.—Section 43 of the 
International Air Services Act, 1993, is hereby amended by the 
deletion of paragraphs (d) and (fE) of subsection (1).

29.   Savings.—Notwithstanding the repeal by this Act of those 
provisions of the Air Services Licensing Act, 1990 (Act No. 115 
of 1990) or the International Air Services Act, 1993 (Act No. 60 
of 1993), which relate to the issue of operating certificates any 
operating certificate issued in terms of the said Act and in force 
immediately prior to such repeal shall be deemed to be an 
operating certificate issued under the Aviation Act, 1962 (Act 
No. 74 of 1962), and shall remain in force subject to the 
conditions on which it was issued, for the period for which it 
was issued.

30.   Short title and commencement.—This Act shall be called 
the Aviation Laws Amendment Act 1996 and shall come into 
operation on a date fixed by the President by proclamation in 
the Gazette.