CIVIL AVIATION AUTHORITY ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
THE CIVIL AVIATION AUTHORITY

   3.   Establishment of Civil Aviation Authority

   4.   Functions of Authority

   5.   Constitution of Board

   6.   Functions of Board

   7.   Committees of Board

   8.   Delegation of functions by Board

   9.   Directions to Board

   10.   Director-General

   11.   Functions of Director-General

   12.   General Powers and duties of Director-General

   13.   Public compliance

   14.   Exemptions

   15.   Assignment, delegation or instruction by Director-General

   16.   Ministerial directives

   17.   Secretary and other staff of Authority

   18.   Directorate and units

PART III
REGULATION OF CIVIL AVIATION SECURITY

   19.   National civil aviation security policy, strategy and national programmes

   20.   Security surveys

   21.   National Civil Aviation Security Committee

   22.   Aerodrome operator security programme

   23.   Aircraft operator security programme

   24.   Regulated agent security programme

   25.   Catering operator security programme

   26.   Ground handling operator security programme

   27.   Carriage of firearms, explosives or inflammable materials in aerodrome

   28.   Control of access by tenants

   29.   Obligation of aerodrome operator in case of threat against facility or aerodrome

   30.   Aerodrome operator to take measures in event of threat

   31.   Operators to keep records

   32.   Commercial air transport security

   33.   Passenger screening

PART IV
REGULATION OF CIVIL AVIATION SAFETY

   34.   National safety programme and safety management

   35.   General safety powers and functions

   36.   Rules of air

   37.   Air navigation facilities

   38.   Airspace control

   39.   Air navigation facility safety standards

   40.   Duty of operators and airmen

   41.   Authority to inspect

   42.   Approved training and approved maintenance organisations

   43.   Investigation of incidents and accidents

   44.   Transportation of dangerous goods by air

PART V
REGISTRATION, NATIONALITY AND OWNERSHIP OF AIRCRAFT

   45.   Aircraft registration

   46.   Recordation of interests in aircraft

   47.   Deregistration of aircraft

   48.   Marks on aircraft

PART VI
CERTIFICATES, PERMITS, LICENCES AND AUTHORISATIONS

   49.   Certification, licensing and inspection

   50.   Personnel licensing

   51.   Certificate of airworthiness

   52.   Air operator certificate

   53.   Commercial air transport permit

   54.   Permit to foreign air operator

   55.   Aerodrome operating licence

   56.   Form of application

   57.   Amendment, modification, suspension and revocation of certificates, licences and permits

   58.   Liability insurance

   59.   Continuing requirement for permit to operate commercial air transport

   60.   Validation of actions of another State

   61.   Prohibitions relating to certification or licensing

PART VII
ENFORCEMENT AND PROCEDURAL PROVISIONS

   62.   Power to access and inspect aerodromes, aircraft and operator’s premises

   63.   Monitoring regulatory compliance

   64.   Compliance notices

   65.   Authority to prevent flight

   66.   Detention of aircraft and closing of facility by authorised officer

   67.   Prohibition from exercising certain privileges of any certificate, permit, licence or authorisation

   68.   Complaints to, and investigations by, Director-General

   69.   Designation of agent for service

   70.   Appeal against decisions of authorised officer or authorised person

   71.   Appeals Tribunal

   72.   Filing of appeals to Appeals Tribunal

   73.   General administrative fine

   74.   Administrative fine for transportation of dangerous goods

   75.   General offences and penalties

PART VIII
GENERAL PROVISIONS

   76.   International obligations

   77.   Air traffic services regulatory oversight and management

   78.   Search and rescue

   79.   Aeronautical information services

   80.   Aeronautical charts

   81.   Regulatory oversight of communications, navigation and surveillance technical services

   82.   Regulatory oversight of unit of measures

   83.   Regulatory oversight of meteorological services

   84.   Zoning and land use control in vicinity of aerodrome

   85.   Trespassing, nuisance and liability for damage

   86.   Customs, immigration, health and other facilitation services

   87.   Training schools

   88.   Use of licenced aerodromes

   89.   Air regulations

   90.   Safety standards, requirements and regulations

   91.   Security regulations

   92.   General regulations

   93.   Rules

   94.   Savings and transitional provisions

      FIRST SCHEDULE

      SECOND SCHEDULE

AN ACT

to establish the Civil Aviation Authority and provide for its powers and functions; provide for the regulation and promotion of civil aviation; ensure civil aviation safety and security; and provide for matters connected with, or incidental to, the foregoing.

[9th August, 2012]

Act 7 of 2012.

PART I
Preliminary

1.   Short title

This Act may be cited as the Civil Aviation Authority Act.

2.   Interpretation

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

“aerial piracy” means any actual or attempted seizure or exercise of control, by force or violence or by any other form of intimidation, with wrongful intent, of an aircraft within the jurisdiction of Zambia;

“aerial work” means an aircraft operation in which an aircraft is used for specialised services such as agriculture, construction, photography, surveying, observation and patrol, search and rescue or aerial advertisement;

“aerodrome” means an airport or airfield or a similar facility or a defined area on land or water, including any buildings, installations and equipment intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft;

“aircraft” means any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface, and excludes State or public aircraft;

“aircraft accident” means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight until the time of disembarking the flight in which—

      (a)   a person is fatally or seriously injured as a result of being in the aircraft, or in direct contact with any part of the aircraft including parts which could have become detached from the aircraft;

      (b)   there is a direct jet blast;

      (c)   an aircraft sustains damage or structural failure which adversely affects the structural strength, performance or flight characteristics of the aircraft and would normally require major repair or replacement of the affected component; or

      (d)   the aircraft is missing or is completely inaccessible;

“aircraft engine” means any engine used, or intended to be used, for the propulsion of an aircraft and includes all parts, appurtenances and accessories of the engine, other than propellers;

“aircraft incident” means an occurrence, other than an accident, associated with the operation of an aircraft which affects or could affect safety of operation;

“aircrew” means a person assigned to perform any duty on an aircraft in flight;

“aviator” means an individual—

      (a)   who engages, as the person in command or as pilot, engineer, mechanic or other member of the crew, or who navigates an aircraft while the aircraft is underway;

      (b)   in charge of the inspection, maintenance, overhauling or repair of aircraft, aircraft engines, propellers or appliances; or

      (c)   who serves in the capacity of flight operations officer;

“air navigation facility” means any facility used in, available for use in, or designed for use in aid of air navigation, aerodromes, landing areas, lights, any apparatus or equipment for disseminating weather information, signalling, radio directional finding or for radio or other electromagnetic communication, and any other structure or mechanism having a similar purpose for guiding or controlling flight in the air or the landing and takeoff of aircraft;

“air operator” means any person who undertakes to engage in domestic commercial air transport or international commercial air transport, whether directly or indirectly or by a lease or any other arrangement;

“air operator certificate” means a certificate authorising an operator to carry out specified commercial air transport operations and attesting to the fact that the operator is properly and adequately equipped for safe operations in commercial air transport and maintenance of aircraft;

“air traffic management” means dynamic, integrated management of air traffic and airspace, including air traffic services, airspace management and air traffic flow management;

“air traffic service” means a service provided for the purpose of safe and efficient conduct of flight, expeditious and orderly flow of air traffic, assisting in aircraft search and rescue and includes—

      (a)   an aerodrome control service;

      (b)   an approach control service;

      (c)   an area control service;

      (d)   an approach radar control service;

      (e)   a flight information service;

      (f)   an aerodrome flight information service;

      (g)   an area radar control service;

      (h)   an advisory service; and

      (i)   an alerting service;

“Annex” means the standards and recommended practices referred to in articles 37, 54(1) and 90 (a) of the Convention, and the amendments thereto, to the extent that the Council of International Civil Aviation Organisation has declared an Annex or amendment thereto to be in force pursuant to Article 90(b) of the Convention, and to the extent that such Annex or amendment is in effect in Zambia;

“Appeals Tribunal” means the Tribunal established under section 71;

“appliances” means instruments, equipment, apparatus, parts, appurtenances or accessories, of whatever description, which are used, or are capable of being or intended to be used, in the navigation, operation or control of aircraft in flight including parachute, communication equipment and any other mechanism installed in, or attached to, aircraft during flight, and which are not part of aircraft, aircraft engines or propellers;

“authorised officer” means an employee authorised to perform certain functions of the Authority or to whom functions have been delegated under this Act;

“authorised person” means—

      (a)   any employee of the Authority;

      (b)   any person appointed in writing by the management of an aerodrome, with the approval of the Director-General or any person authorised by the Director-General to furnish such approval;

      (c)   any member of the Zambia Defence Force and other security wings;

      (d)   any person authorised, in writing, by the Director-General; or

      (e)   any other person appointed, in writing, by the Minister, for the purposes of this Act;

“Authority” means the Civil Aviation Authority established under section 3;

“aviation facility” means premises for the handling of passengers, cargo, post or baggage, an aircraft hangar, a fuel storage area and any other premises, structure or place to which the public have no right of access and in which a service is rendered for the operation of a designated aerodrome or aircraft or for the public at an aerodrome or heliport, whether such building, structure or premises is situated within the boundaries of the aerodrome or heliport or not;

“Board” means the Board of the Authority constituted under section 5;

“Chairperson” means the person appointed Chairperson of the Board under section 5;

“Chicago Convention” means the Convention on International Civil Aviation, opened up for signature at Chicago on 7 December, 1944, including all amendments thereto, to the extent that ICAO has declared such amendments to be in force pursuant to article 90 (a) of the Convention and the amendments are in force in Zambia;

“citizen” means—

      (a)   an individual who is a Zambian citizen;

      (b)   a partnership of which each member is a Zambian citizen; or

      (c)   a citizen-owned company, a citizen-empowered company, citizen-influenced company, as defined in the Citizens Economic Empowerment Act, 2006;

“civil aircraft” means any aircraft other than a State or public aircraft;

“civil aviation” means the operation of any civil aircraft for the purpose of general aviation operations, aerial work or commercial air transport operations;

“commercial air transport operation” means an aircraft operation involving the transportation of passengers, cargo or mail for remuneration or hire;

“committee” means a committee of the Board established under section 7;

“Convention” means the Chicago Convention;

“crew member” means a person assigned to perform duties on an aircraft in flight;

“dangerous goods” means articles or substances which are capable of posing significant risks to health, safety or property when transported by air;

“Department” means the Department of Civil Aviation in the Ministry responsible for aviation that was responsible for civil aviation matters before the commencement of this Act;

“Director” means the person appointed Director in the Department before the commencement of this Act;

“Director-General” means the person appointed chief executive officer of the Authority under section 10;

“foreign air operator” means any operator, not being a Zambian air operator, which undertakes, whether directly or indirectly or by lease or any other arrangement, to engage in commercial air transport operations within the borders or airspace of Zambia, whether on a scheduled or nonscheduled basis;

“general aviation operation” means an aircraft operation of a civil aircraft other than a commercial air transport operation or aerial work operation;

“ICAO” means International Civil Aviation Organisation;

“international commercial air transport” means the carriage by aircraft of persons or property for remuneration or hire, or the carriage of mail between any two or more countries;

“member” means a member of the Board;

“navigable airspace” means the airspace above the prescribed minimum altitudes of flight, and includes airspace needed to ensure safety in the takeoff and landing of aircraft;

“navigation of aircraft” includes the piloting of aircraft;

“operator” means a person, organisation or enterprise engaged in, or offering to engage in, an aircraft operation, and includes any person who causes or authorises the operation of aircraft in the capacity of owner, lessee or otherwise, whether with or without control of the aircraft;

“permit” has the meaning assigned to it in the Air Services Act;

“person” means an individual, firm, partnership, corporation, company, association, joint stock association or political body, and any trustee, receiver, assignee or other similar representative of these entities;

“premises” includes any aerodrome, hangar, approved maintenance organisation, workshop, ramp, fuel storage, operator’s office, cargo handling area, catering facility, aircraft store, vehicle and aviation training organisation;

“propeller” includes parts, appurtenances and accessories of a propeller;

“public aircraft” means an aircraft used exclusively in the service of any government or political jurisdiction of the government, including the Government of Zambia, but does not include any government-owned aircraft engaged in operations which meet the definition of commercial air transport operations;

“public interest” means the public convenience and necessity of Zambian civil aviation;

“registered owner” in relation to an aircraft means the person in whose name the aircraft is registered;

“serious aircraft incident” means an incident involving circumstances indicating that an accident nearly occurred;

“spare parts” means any part, appurtenances and accessories of aircraft, other than aircraft engines propellers, and appliances, maintained for installation or use in an aircraft, aircraft engine, propeller or appliance, but which at the time are not installed in them or attached to them;

“special aircraft jurisdiction of Zambia” includes—

      (a)   civil aircraft of Zambia; and

      (b)   any other aircraft within the State, while the aircraft is in flight, which is from the moment when all external doors are closed following embarkation until the moment when one door is opened for disembarkation or, in case of a forced landing, until the competent authorities take over the responsibility of the aircraft and the persons and property aboard;

“standard” means a technical standard published under the authority of the Director-General that specifies the technical requirements, data, information or guidance relating to an acceptable means of compliance with such standard;

“State” means the land and water territory of Zambia, and includes the airspace above such territory;

“tenant” means an individual or organisation granted a licence, permit or other authorisation by an aerodrome operator to conduct business operations at the aerodrome, including a concessionaire, cargo handler, caterer, tour operator, taxi and bus operator, porter, aircraft maintenance organisation, fuel company and Government authority and agency at the aerodrome;

“validation” means the written acceptance of an action of the civil aviation authority of another country in lieu of an action that this Act assigns to the Director-General; and

“Vice-Chairperson” means the person appointed Vice-Chairperson of the Board under section 5.

   (2) Notwithstanding sub-section (1), where the technical words defined in that sub-section are words specified in the Annexes and which no longer meet the definitions as specified in the Annexes, the Minister shall, by statutory instrument, re-define the technical words in accordance with such Annexes.

PART II
The Civil Aviation Authority

3.   Establishment of Civil Aviation Authority

   (1) There is hereby established the Civil Aviation Authority, which shall be a body corporate with perpetual succession and a common seal capable of suing and of being sued in its corporate name and with power, subject to this Act, to do all such acts and things as a body corporate may, by law, do or perform.

   (2) The First Schedule applies in respect of the Authority and the Board.

4.   Functions of Authority

   (1) The functions of the Authority are to—

      (a)   control and regulate civil aviation;

      (b)   oversee the implementation of, and ensure compliance with, any national strategies and programmes relating to the safety and security of civil aviation;

      (c)   oversee the functioning and development of air transport and the civil aviation industry in an environmentally friendly and competitive manner;

      (d)   develop, and recommend to the Minister, any regulations that are required to be issued under this Act;

      (e)   perform the regulatory and oversight functions relating to civil aviation as provided in the Convention, subject to the Constitution and Zambia’s State obligations; and

      (f)   monitor and ensure compliance with this Act and the Convention.

   (2) The Authority shall promote and regulate civil aviation safety and security in Zambia by—

      (a)   developing and promoting appropriate, clear and concise regulatory requirements and technical aviation safety and security standards;

      (b)   developing effective enforcement strategies and programmes to ensure compliance with aviation safety and security standards;

      (c)   issuing certificates, licences, permits, registrations and authorisations as provided under this Act;

      (d)   conducting comprehensive aviation industry surveillance, including assessment of security and safety related decisions taken by any management of the aviation industry, at all levels, in order to determine their impact on aviation safety and security;

      (e)   overseeing and regulating flight inspection of navigational aids to aviation;

      (f)   conducting regular reviews of the civil aviation safety and security system in order to—

      (i)   monitor the safety performance of the civil aviation industry;

      (ii)   identify safety and security-related trends and risk factors; and

      (iii)   promote the improvement of the safety and security system;

      (g)   conducting regular and timely assessments of safety and security developments;

      (h)   formulating regulations to be prescribed and developing standards for the industry, through a consultative process with the civil aviation industry operators;

      (i)   reviewing and ensuring the adequacy of aviation security programs and associated documentation produced by aerodrome operators, air service operators, catering operators, regulated agents, ground handlers and cargo operators;

      (j)   regulating the security operations of aerodrome operators, aircraft, regulated agents, ground handlers and catering operators, as the case may be, for the purpose of—

      (i)   protecting passengers, crew members, users of aerodromes, aerodromes staff, aerodrome and other aviation facilities;

      (ii)   preventing acts of aerial piracy and any other unlawful interference against civil aviation; and

      (iii)   ensuring that appropriate action is taken when an act of aerial piracy or any unlawful interference occurs or is likely to occur;

      (k)   making and issuing orders, notices, circulars and directives specifying any aviation safety or security matter provided for under this Act;

      (l)   coordinating activities, under any national programme relating to the safety and security of civil aviation, amongst ministries, departments, agencies and other organisations responsible for various aspects of aviation security;

      (m)   enhancing aviation security by the development and dissemination of progressive administrative and technical practices, promoting their use by security services, aerodrome administrations, air service operators, regulated agents, catering operators and ground handlers;

      (n)   formulating a national aviation disaster plan;

      (o)   encouraging a greater acceptance by the civil aviation industry of its obligation to maintain high standards of aviation safety and security, through—

      (i)   developing comprehensive safety and security education and training programs;

      (ii)   accurate and timely aviation safety and security advice; and

      (iii)   fostering an awareness in industry management, and within the community generally, of the importance of aviation safety and security and compliance with relevant legislation; and

      (p) promoting communication with all interested parties on aviation safety and security issues.

   (3) The Authority shall—

      (a)   advise the Minister on matters associated with any action or condition in the aviation sector or impacting on the aviation sector which—

      (i)   is capable of causing any actual or potential threat, harm or damage to persons or property;

      (ii)   the Minister refers to the Authority; and

      (iii)   the Authority considers necessary in the furtherance of its functions;

      (b)   for purposes of this Act, be the national competent authority in connection with air transport;

      (c)   recommend to the Minister the introduction of, or amendment to, legislation relating to civil aviation;

      (d)   make recommendations to the Minister in respect of the conclusion of any civil aviation international agreement with other States, governments or international organisations;

      (e)   perform any other functions conferred on it by, or under, any other law;

      (f)   execute any order, directive or guideline issued under this Act;

      (g)   ensure the implementation of any international agreement related to aviation as the Minister may assign;

      (h)   coordinate and oversee search and rescue activities within Zambia;

      (i)   collaborate with local and International agencies, organisations and States which are party to search and rescue agreements;

      (j)   investigate aircraft incidents and accidents as specified under this Act; and

      (k)   perform its functions in the most cost efficient and cost effective manner.

   (4) The Authority may perform any of its functions outside Zambia when it is necessary or expedient to do so in order to effectively carry out its functions.

5.   Constitution of Board

   (1) There is hereby constituted a Board for the Authority which shall consist of the following part-time members appointed by the Minister:

      (a)   the Chairperson, who shall be a person with experience in the regulatory and oversight functions of the Authority;

      (b)   a representative of the Ministry responsible for civil aviation;

      (c)   two representatives of the civil aviation industry, as follows:

      (i)   one person with expertise in financial matters; and

      (ii)   one person with expertise in technical aviation matters;

      (d)   a representative of the air force and army component of the defence force and security wings; and

      (e)   a representative of the Attorney-General.

   (2) A person shall not be appointed as a member of the Board if that person—

      (a)   is not a citizen;

      (b)   is an undischarged bankrupt;

      (c)   has been convicted of an offence involving fraud or dishonesty; or

      (d)   has been convicted of an offence under this Act or any other written law and sentenced to a term of imprisonment exceeding six months without the option of a fine.

   (3) The office of a member shall be vacant if the member—

      (a)   dies;

      (b)   is an undischarged bankrupt;

      (c)   is absent from three consecutive meetings of the Board without the prior approval of the Board;

      (d)   resigns or is removed from office by the Minister in the interests of public health, public safety or efficient administration of the Board;

      (e)   becomes mentally or physically incapable of performing the duties of a member; or

      (f)   is convicted of an offence as stipulated under sub-section (2).

   (4) The Vice-Chairperson shall be elected by the members from amongst themselves.

   (5) Where any member, except the Chairperson or the Vice-Chairperson or a person appointed under paragraph (c) of sub-section (1), is unable to attend any meeting of the Board, the member may, in writing, nominate another person from the same institution to attend that meeting and that person shall be deemed to be a member for purposes of that meeting.

6.   Functions of Board

   (1) The Board shall carry out the following functions:

      (a)   oversee the corporate governance of the Authority in order to ensure the effective implementation of this Act;

      (b)   provide strategic direction to the Authority in order to ensure corporate governance and attainment of its functions under this Act;

      (c)   approve the budget estimates of the Authority;

      (d)   approve the business plans of the Authority; and

      (e)   monitor service standards and customer satisfaction levels and report to the Minister on any matter concerning such issues.

   (2) In the execution of its functions under sub-section (1), the Board shall not compromise or obstruct the execution of the security, safety, regulatory and oversight functions of the Authority as provided under this Act.

7.   Committees of Board

   (1) The Board may, for the purposes of performing its functions under this Act, establish such committees as it considers necessary and delegate to any of those committees any of the functions of the Board.

   (2) The Board may appoint, as members of a committee, persons who are or are not members of the Board, except that at least one member of the Board shall be a member of a committee.

   (3) A person serving as a member of a committee shall hold office for such period as the Board may determine.

   (4) Subject to any specific or general direction of the Board, a committee may regulate its own procedure.

8.   Delegation of functions by Board

The Board may, subject to any conditions imposed and guidelines issued by the Board, delegate any of its functions to the Chairperson, Vice-Chairperson, Director-General or any other member.

9.   Directions to Board

The Minister may give to the Board general or specific directions relating to the discharge of its functions which are not inconsistent with the provisions of this Act and the Board shall give effect to the directions.

10.   Director-General

   (1) The Board shall appoint, on such terms and conditions as the Board may determine, a Director-General who shall be the chief executive officer of the Authority.

   (2) Notwithstanding sub-section (1), the Director-General shall be appointed with regard to—

      (a)   significant management or similar technical experience in a field directly related to aviation; and

      (b)   that person not having any monetary interest in, or owning any stocks or bonds of, any aeronautical enterprise.

11.   Functions of Director-General

   (1) The Director-General shall be responsible for the carrying out of the functions of the Authority as specified under section 4 and the specific and general functions vested in the Director-General under this Act.

   (2) Subject to this Act and without prejudice to the generality of sub-section (1), the Director-General shall be responsible for the—

      (a)   management and administration of the affairs of the Authority;

      (b)   implementation of the decisions of the Board; and

      (c)   any other administrative or corporate function assigned to the Director-General by the Board or by, or under, this Act.

   (3) Subject to Zambia’s State obligations under the Convention and the Constitution, the Director-General shall exercise, on behalf of the Authority, all the regulatory and oversight powers and perform the regulatory and oversight functions relating to civil aviation specified under the Convention and any other law.

   (4) The Director-General may, in the prescribed manner, issue any certificate, permit, licence, registration or authorisation required under this Act.

   (5) In the exercise of the powers and performance of the functions referred to in this Act, the Director-General shall be accountable—

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