CHAPTER 444
AVIATION ACT

Arrangement of Sections

   Section

PART I
GENERAL

   1.   Short title

   2.   Interpretation

   3.   Effect given to Convention within Zambia

   4.   Regulations

   5.   Special powers in case of emergency

   6.   Establishment and maintenance of aerodromes by Minister

   7.   Powers of entry on land

   8.   Power to erect tents and graze animals

   9.   Power to construct drains

   10.   Discharge of storm water on to aerodrome prohibited

   11.   Licensing and registration of aerodromes

   12.   Trespass, nuisance and responsibility for damage

   13.   Inquiries

   14.   Postal provisions

   15.   Patent claims against aircraft not protected under Convention

   16.   Exemption from seizure of certain aircraft on patent claims

   17.   Detention of aircraft

   18.   Dangerous flying

   19.   Offences and penalties

   20.   Jurisdiction

   21.   Application

   22.   Expenses in administering this Part

PART II
NATIONAL AIRPORTS CORPORATION LIMITED

   23.   Commencement

   24.   Interpretation

   25.   Transfer of designated airports, function, assets and liabilities

   26.   Functions of Company

   27.   Power of Company to determine charges, fees, etc.

   28.   Power to construct drains

   29.   Registration of property to be transferred by GRZ to Company

   30.   Agreements, etc., to be assumed by Company

   31.   Transfer of service of employees

   32.   Legal proceedings

   33.   Immunity of Company

   34.   Regulations relating to airports and Company

AN ACT

to enable effect to be given to the International Convention on Civil Aviation and to make provision for the control, regulation, and orderly development of aviation within Zambia.

[1st July, 1954]

Act 10 of 1954,

Act 32 of 1957,

Act 25 of 1961,

Act 16 of 1989,

Act 13 of 1994,

Act 2 of 2012,

GN 387 of 1963,

GN 497 of 1964,

GN 57 of 1964,

SI 153 of 1965,

SI 162 of 1965.

PART I
GENERAL

1.   Short title

This Act may be cited as the Aviation Act.

[S 1 am by GN 387 of 1963.]

2.   Interpretation

In this Act, unless the context otherwise requires—

“aerodrome” means any definite and limited ground or water area used or intended to be used either wholly or in part for the landing and departure of aircraft, and includes any buildings on such ground or water area;

“aircraft” includes all flying machines, aeroplanes, seaplanes, flying boats, and other aircraft designed to be heavier than air, also all airships and balloons and other aircraft designed to be lighter than air;

“Annex” means an Annex to the Convention or an amendment of such Annex adopted in accordance with the provisions of the Convention;

“Convention” means the Convention on International Civil Aviation drawn up at Chicago and signed on behalf of the Government of the United Kingdom on the 7th December, 1944, together with such amendments thereto as may, prior to the 1st December, 1963, have been ratified on behalf of the former Federation of Rhodesia and Nyasaland, or as may be ratified after the said date on behalf of the former Protectorate of Northern Rhodesia or the Republic of Zambia;

“locally registered aircraft” means an aircraft registered in Zambia;

“owner”, except where otherwise specially defined, means, in relation to an aircraft or aerodrome, the person in whose name the aircraft or aerodrome is registered, and includes any person who is or has been acting as agent in Zambia for a foreign owner or any person by whom the aircraft or aerodrome is hired at the time;

“proclamation” means any proclamation made and in force under this Act;

“superior police officer” means a police officer of or above the rank of assistant superintendent.

[S 2 am by Act 25 of 1961; GN 387 of 1963, 324 of 1964; SI 64 of 1965, 153 of 1965.]

3.   Effect given to Convention within Zambia

   (1) The Convention is hereby given and shall have effect within Zambia.

   (2) Every amendment to the Convention which may be ratified on behalf of Zambia shall, as soon as may be after such ratification, be laid before the National Assembly.

   (3) The Minister may do all such things as he may deem necessary and expedient for giving effect to the Convention, or to any Annex.

[S 3 am by GN 387 of 1963, SI 153 of 1965.]

4.   Regulations

   (1) The Minister may, by statutory instrument, make regulations relating to all or any of the following matters or things, namely—

      (a)   the carrying out of, and giving effect to, the provisions of the Convention and any Annex;

      (b)   generally for securing the safety, efficiency, and regularity of air navigation and the safety of aircraft and of persons and property carried therein, for preventing aircraft endangering other persons and property and in particular for the detention of aircraft for any of the purposes specified in this paragraph;

      (c)   prohibiting the flying of any aircraft—

      (i)   unless there is in force in respect of such aircraft a certificate of airworthiness issued or recognised in accordance with regulations; and

      (ii)   except upon compliance with such conditions as to maintenance and repair as may be prescribed;

      (d)   the licensing, registration, inspection, and regulation of aerodromes or other places set apart for the use of aircraft, the scales of charges at licensed aerodromes or at aerodromes established and maintained under the powers of section 6, the licensing or certification of persons employed in the inspection or supervision of aircraft, the registers and records to be kept at such aerodromes and the manner in which they shall be kept, prohibiting or regulating the use of unlicensed aerodromes, access to aerodromes, buildings on aerodromes, buildings and installations used for purposes related to air navigation, and places where aircraft have landed, and access to aircraft factories for the purpose of inspecting the work therein carried on;

      (e)   prohibiting persons, other than persons engaged or employed in the maintenance at unlicensed aerodromes of aircraft not used for or in connection with commercial, industrial, or other gainful purposes, from engaging in or being employed in or in connection with air navigation in such capacities as may be prescribed except in accordance with provisions of regulations;

      (f)   the manner and conditions of the issue and renewal of any certificate or license required under this Act or under the Convention, including the examination and tests to be undergone and the form, custody, production, cancellation, suspension, endorsement, and surrender of any such certificate or license;

      (g)   the keeping and form of the register of locally registered aircraft;

      (h)   the conditions under which aircraft may pass, or goods or passengers may be conveyed by aircraft into, within or from Zambia;

      (i)   prohibiting the carriage by air of goods of such classes as may be prescribed;

      (j)   the areas within which or the aerodromes at which aircraft coming from any place outside Zambia shall land, and the areas within which or the aerodromes from which aircraft shall depart to any place outside Zambia;

      (k)   the exemption from any of the provisions of this Act or of the Convention of aircraft flown for experimental purposes, or any other aircraft or any persons, when it appears to the authority prescribed for the purpose unnecessary that such provisions should apply;

      (l)    the fees to be paid in respect of the grant of any certificate or license or otherwise for the purposes of this Act or of the Convention;

      (m)   minimising or preventing interference with the use or effectiveness of radio or electronic apparatus or equipment used in connection with air communication or navigation and prohibiting or regulating the use of such apparatus or equipment and of the display of signs and lights liable to endanger aircraft;

      (n)   prohibiting or regulating the erection or the coming into existence of any obstruction exceeding a prescribed height within a prescribed distance from any aerodrome and enforcing or regulating the lighting or marking of such obstructions;

      (o)   the signals which may be made by aircraft and persons carried therein;

      (p)   requiring persons engaged in, or employed in, or in connection with, air navigation to supply meteorological information for the purposes of air navigation;

      (q)   measures for preventing aircraft flying over prohibited areas or entering or leaving Zambia in contravention of any provision of this Act;

      (r)   the prevention of nuisances arising out of air navigation or aircraft factories, aerodromes or other aircraft establishments;

      (s)   the persons who shall notify accidents involving aircraft or arising out of or in the course of air navigation, the holding of inquiries either into such accidents or into any other matter relating to aircraft or air navigation, the procedure to be followed in notifying accidents and in holding inquiries, the duties, membership and composition of any board appointed to conduct such inquiries, and the appointment and duties of persons to conduct investigations;

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