CHAPTER 446
AIR SERVICES ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

   3.   Application

   4.   Air services to be provided in accordance with permits

PART II
ISSUE, RENEWAL TRANSFER AND AMENDMENT OF PERMITS

   5.   Applications

   6.   Applications to be published and open to inspection

   7.   Objections

   8.   Reference of applications to tribunal

   9.   Tribunals

   10.   Inquiries

   11.   Matters tribunal must consider

   12.   Procedure after inquiry

   13.   Applications with no objections

   14.   Copies of permits open to inspection

   15.   Temporary and provisional permits

PART III
REVOCATION, SUSPENSION AND VARIATION OF PERMITS

   16.   Revocation, suspension and variation of permits: inquiries

   17.   Inquiries for purposes of section 16

   18.   Procedure after inquiry

PART IV
MISCELLANEOUS

   19.   Permits to continue in force if application made for renewal

   20.   Prescribed fees

   20A.   Regulations

   21.   Offences and penalties

AN ACT

to provide for the regulation of services performed in Zambia by means of aircraft; and to provide for matters incidental thereto.

[1st January, 1964]

Act 8 of 1964,

Act 11 of 1972,

Act 26 of 1979,

Act 13 of 1994,

GN 301 of 1964,

GN 497 of 1964,

SI 153 of 1965,

SI 301 of 1967.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Air Services Act.

2.   Interpretation

   (1) In this Act, unless the context otherwise requires—

“air service”

      (a)   means a service performed by means of an aircraft for payment or material advantage on one or more occasions; and

      (b)   includes a service for the carriage of passengers or cargo performed by means of a vehicle, other than an aircraft, which—

      (i)   is ancillary to and directly connected with a service referred to in paragraph (a); and

      (ii)   is declared by the Minister, by statutory notice, to be an air service for the purpose of any or all of the provisions of this Act;

“application” means an application for the issue, renewal, transfer or amendment of a permit, as the case may be;

“aviation law” means the Aviation Act or any enactment substituted therefor;

“contracting State"—

      (a)   in relation to the International Agreement, means a State which is a contracting party to the International Agreement; and

      (b)   in relation to the International Convention, means a State which is a contracting party to the International Convention;

“Corporation” means the Central African Airways Corporation constituted by the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963;

“International Agreement” means the International Air Services Transit Agreement signed at Chicago in the United States of America on the 7th December, 1944, or any other international agreement amending that Agreement or substituted for that Agreement to which the Government may be a party;

“International Convention” means the Convention on International Aviation signed at Chicago in the United States of America on the 7th December, 1944, or any other international convention amending that Convention or substituted for that Convention to which the Government may be a party;

“objection” means an objection to an application;

“permit” means a permit authorising the holder to provide an air service to, from or within Zambia;

“tribunal” means a tribunal as described in section 9.

   (2) A person who lets out on hire, with or without pilot or crew, an aircraft which is registered in Zambia in terms of the aviation law shall, for the purposes of this Act, be deemed to be providing an air service to, from or within Zambia.

[S 2 am by SI 301 of 1967.]

3.   Application

The provisions of this Act shall not apply in relation to—

      (a)   an aircraft of a contracting State which, in the exercise of the privileges conferred by section 1 of the International Agreement—

(i)   flies across Zambia without landing; or

(ii)   lands in Zambia for non-traffic purposes; in accordance with the provisions of the International Agreement;

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