CIVIL AVIATION ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title and commencement

   2.   Interpretation

   3.   Application of Act, Chicago Convention and Conventions

   4.   Territorial limits, designation of country of jurisdiction and exercise of function

   5.   Aircraft in flight and aircraft in service

   6.   Supremacy over other aviation laws

   7.   Act to bind Republic

   8.   Functions of Minister and Authority

PART II
AERODROMES

   9.   Licensing and registration of aerodromes

   10.   Classification of aerodromes

   11.   International airport

   12.   Use of aerodromes

   13.   Acquisition of land and interests for aerodromes

   14.   Permission to use land for aerodromes

   15.   Construction, maintenance and use of aerodrome infrastructure

PART III
ZAMBIA AIRPORTS CORPORATION LIMITED

   16.   Interpretation

   17.   Transfer of designed airports, functions, assets and liabilities

   18.   Functions of Company

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

   20.   Power to construct drains

   21.   Registration of property to be transferred by Government to Company

   22.   Agreements, etc, to be assumed by Company

   23.   Transfer of service of employees

   24.   Legal proceedings

   25.   Immunity of Company

   26.   Regulations relating to designed airports and Company

PART IV
AIR SERVICES

   27.   Non-application of Part

   28.   Air services permits

   29.   Application for air services permit

   30.   Publication of application for air services permit

   31.   Objections

   32.   Reference of application to committee

   33.   Committee for hearing objections and other matters

   34.   Inquiries by committee

   35.   Matters for committee to consider

   36.   Procedure after inquiry

   37.   Grant of air services permit

   38.   Air services permits open to inspection

   39.   Temporary and provisional air services permit

   40.   Revocation, suspension and variation of air services permit

   41.   Action after inquiry

   42.   Renewal, transfer and amendment

   43.   Requirements for air service own use

   44.   Regulations on air services and air traffic services

PART V
AVIATION SAFETY

   45.   State Safety Program

   46.   Accountable Manager

   47.   Functions of Authority relating to aviation safety

PART VI
AIRCRAFT ACCIDENTS INVESTIGATION BOARD

   48.   Establishment of Aircraft Accident Investigation Board

   49.   Composition of Aircraft Accident Investigation Board and tenure of office

   50.   Disqualification from appointment and removal from office

   51.   Functions of Aircraft Accident Investigation Board

   52.   Powers of Aircraft Accident Investigation Board

   53.   Delegation of functions and powers of Aircraft Accident Investigation Board

   54.   Director of Investigations and investigators of Aircraft Accident Investigation Board

   55.   Guidelines by Minister

   56.   Investigation of aircraft accidents and serious aircraft incidents

   57.   Public inquiry and judicial inquest

   58.   Powers of public inquiry, judicial inquest relating to on board recording

   59.   Access by Aircraft Accident Investigation Board

   60.   Use of on board recording by Aircraft Accident Investigation Board

   61.   Access to on board recording for investigations

   62.   Power of judicial inquest

   63.   When use of on board recording prohibited

   64.   Privilege for on board recording

   65.   Contested request for production and discovery of statement

   66.   Use of statement prohibited

   67.   certain information privileged

   68.   Use of report made under voluntary reporting system prohibited

   69.   Appearance of investigator as witness

   70.   Opinions inadmissible

   71.   Rules

   72.   Regulations on aviation accidents and serious aircraft incidents

PART VII
AVIATION SECURITY

   73.   Aviation security

   74.   Threat to safety and security

PART VIII
FACILITATION

   75.   National Facilitation Programme

   76.   National Facilitation Committee

   77.   National contingency plan for outbreak of diseases

   78.   Orders and other requirements on facilitation

   79.   Regulations on facilitation

PART IX
OFFENCES COMMITTED ON BOARD CIVIL AIRCRAFT IN FLIGHT AND PROTECTIVE MEASURES

   80.   Offences on board civil aircraft in flight

   81.   Duties of Pilot-in-Command

   82.   Powers of Pilot-in-Command

   83.   Assistance with restraint

   84.   Emergency measures

   85.   Disembarking person

   86.   Report to authorities

   87.   Termination of restraint

   88.   Continuation of restraint

   89.   Duty of authority taking custody

   90.   Offences by Pilot-in-Command

   91.   Jurisdiction of High Court

   92.   Offences committed outside Zambia

   93.   Consent of Director of Public Prosecutions

   94.   Deposition of witness

PART X
ENVIRONMENTAL PROTECTION

   95.   Environmental protection measures

   96.   Regulations on environmental protection

PART XI
AIRPORT SERVICES

   97.   Airport services and airport service charges

   98.   Provision of airport services

   99.   Required number of airport service providers

   100.   Self service handling by airport users

   101.   Use and restrictions of centralised infrastructure

   102.   Access to airport infrastructure and space

   103.   Constraint of available space or capacity for airport services

   104.   Selection of providers of airport services

   105.   Requirements for grant of airport services permit

   106.   Application for airport services permit

   107.   Publication of application for airport services permit

   108.   Representation and objections

   109.   Commencement of airport services and grant of airport services permit

   110.   Reasons for refusal to grant, amend or impose conditions

   111.   Suspension, revocation or variation of airport services permit

   112.   Consultations

   113.   Discrimination of citizen providers of airport services

   114.   Exclusivity

PART XII
AIR NAVIGATION SERVICES

   115.   Provision of air navigation services and certificate of competency

   116.   Charges for air navigation services

   117.   Financing of air navigation services providers

   118.   Air traffic management services

   119.   Organisation and use of Zambian airspace

   120.   Rules and requirements of systems interoperability

   121.   Scope of activities of air navigation services

   122.   Technical facilities, equipment, devices and objects.

   123.   Programme on provision of air navigation services

   124.   Insurance

   125.   Duties of air navigation services provider during strike

   126.   Prohibition and control in aviation facilities and air navigation facilities

PART XIII
ENFORCEMENT, OFFENCES AND PENALTIES

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

   128.   Authority to prevent flight

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

   130.   Prohibition from exercising privileges of certificate, permit, licence or authorisation

   131.   Search, seizure and arrest by authorised person

   132.   Harmful articles

   133.   Seizure or retention of harmful articles

   134.   Powers of arrest of authorised person

   135.   Call for identification

   136.   Interference with operation of aircraft or aerodrome

   137.   Threats, attempts, conspiracies and false information

   138.   False information

   139.   Nuisance, disorderly or indecent act on board aircraft.

   140.   Obstruction of, or interference with staff or member

   141.   Illegal practices in connection with aircraft

   142.   Illegal practices in connection with cargo, baggage, mail or other goods

   143.   Offences on aircraft in service and endangering safety

   144.   Prohibition and control in restricted areas

   145.   Reporting offences

   146.   General penalties

   147.   Administrative penalty

PART XIV
GENERAL PROVISIONS

   148.   Procedures for identifying and notifying of differences

   149.   Marshalling Signals, interception manoeuvres and orders

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

   151.   Designation of agent for service

   152.   Appeal against decision of officer or authorised person

   153.   Delegation of powers

   154.   Promulgation of Zambia Civil Aviation Requirements

   155.   Power to erect tents and graze animals

   156.   Power to construct drains

   157.   Discharge of storm water on to aerodrome prohibited

   158.   Trespass, nuisance and responsibility for damage and insurance by registered owners

   159.   Postal provisions

   160.   Exemption from seizure of certain aircraft on patent claims

   161.   Aerial works

   162.   Sports flights

   163.   Documents to be carried on board a civil aircraft

   164.   Safe take off and landing

   165.   Operating minima

   166.   Search and rescue

   167.   Regulations

   168.   Repeal and savings

      FIRST SCHEDULE

      SECOND SCHEDULE

AN ACT

to provide for the control, regulation and orderly development of civil aviation in Zambia; to provide for the grant of permits for air services and airport services; provide for the implementation of a State Safety Programme in compliance with Annex 19 to the Chicago Convention; to provide for the establishment of an independent Aircraft Accident Investigation Board in compliance with Annex 13 to the Chicago Convention; to provide for security for civil aviation and a National Aviation Security Programme in compliance with Annex 17 to the Chicago Convention; to provide for air services, airport services and air navigation services in compliance with Annex 14 to the Chicago Convention; to provide for the transportation of dangerous goods by air in compliance with Annex 18 to the Chicago Convention; to promote the safe, secure and efficient use of civil aviation; to give effect to the International Convention on Civil Aviation signed in Chicago on 7th of December, 1944 and all international agreements on civil aviation to which Zambia has acceded and is a State party; to consolidate the various laws on aviation and repeal the Aviation Act, 1995, Safety of Civil Aviation Act, 1989, Air Services Act, 1964, and Tokyo Convention Act, 1971; provide for the functions of the Zambia Airports Corporation Limited and the renaming of designated airports; and to provide for matters connected with or incidental to the foregoing.

[On Notice]

Act 5 of 2016.

PART I
PRELIMINARY

1.   Short title and commencement

This Act may be cited as the Civil Aviation Act, 2016, and shall come into operation on such date as the Minister may appoint, by statutory instrument.

2.   Interpretation

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

“accident site” means a place associated with an aircraft accident or serious aircraft incident and the area around the site that the Aircraft Accident Investigation Board determines to be reasonably necessary to facilitate the investigation of the accident or serious aircraft incident and secure the aircraft accident site and includes a site—

   (a)   containing the civil aircraft or any of its wreckage;

   (b)   where there is an impact point associated with the accident or serious aircraft incident; and

   (c)   containing property that was involved in the accident or serious aircraft incident or any of the wreckage of the property;

“accredited representative” means a person designated by a State, on the basis of that person’s qualifications, for the purpose of participating in an aircraft accident or serious aircraft incident investigation conducted by another State or a person appointed in accordance with this Act;

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

“aerodrome” means 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 or surface movement of aircraft;

“Aeronautical Information Publication” means a publication issued by or with the authority of a State and containing aeronautical information of a lasting character essential to air navigation;

“air carrier” means the air carrier that issues a ticket and carries or undertakes to carry the passenger or that passenger’s baggage or to perform or undertakes to perform any other service related to such air carriage, and includes a commercial air transport operator providing a scheduled or non-scheduled air service;

“aircraft” means a 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;

“aircraft accident” means an occurrence associated with the operation of an aircraft which, in the case of a manned aircraft, takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, or in the case of an unmanned aircraft, takes place between the time the aircraft is ready to move with the purpose of flight until such time as it comes to rest at the end of the flight and the primary propulsion system is shut down, in which—

   (a)   a person is fatally or seriously injured as a result of—

      (i)   being in the aircraft;

      (ii)   direct contact with any part of the aircraft, including parts which could have become detached from the aircraft;

      (iii)   direct exposure to jet blast; except when the injuries are from natural causes, self inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to passengers and crew; or

   (b)   the aircraft sustains damage or structural failure which—

      (i)   adversely affects the structural strength, performance or flight characteristics of the aircraft; and

      (ii)   would normally require major repair or replacement of the affected component,

except for engine failure or damage, when the damage is limited to a single engine (including its cowlings or accessories), to propellers, wing tips, antennas, probes, vanes, tyres, brakes, wheels, fairings, panels, landing gear doors, windscreens, the aircraft skin (such as small dents or puncture holes), or for minor damages to main rotor blades, tail rotor blades, landing gear and those resulting from hail or bird strike (including holes in the radome); or

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

“Aircraft Accident Investigation Board” means the Aircraft Accident Investigation Board established under section 48;

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

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

“airline” means any air transport enterprise offering or operating an international air service;

“air navigation facility” means a facility used, available for use, or designed for use in aid of air navigation and includes aerodromes, restricted landing areas, structures, mechanisms, lights, beacons, marks, communicating systems or other instrumentalities or devices used or useful as an aid or constituting an advantage or convenience to—

   (a)   the safe taking off, navigation and landing of aircraft;

   (b)   the safe and efficient operation or maintenance of an aerodrome or restricted area; or

   (c)   a combination of these instrumentalities or devices for purposes of paragraph (a) or (b);

“air navigation services” means services provided within a flight information region and includes—

   (a)   communications, navigation and surveillance services, whether ground to air or ground to ground, provided for the safety of civil aircraft;

   (b)   visual and nonvisual aids to navigation;

   (c)   air traffic services provided for the safety of civil aircraft; or

   (d)   meteorological services provided for the safety of civil aircraft and for the regularity of flights;

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

“Air Operator’s Certificate or AOC” means a Certificate authorising an operator to carry out specified commercial air transport operations;

“airport infrastructure” means runways, taxiways, aprons, vertical signalisation installations and terminal buildings with associated facilities and installations;

“airport operator” means a person who—

   (a)   administers and manages an airport; or

   (b)   coordinates and controls the activities of different operators at an aerodrome;

“airport restricted area” means any area, building or place, at an international airport, in respect of which access control has been instituted for security purposes by, or with the concurrence of, the management of such international airport, or in respect of which the Minister has directed the management of the international airport or an organisation conducting business at an aerodrome, to institute access control and in respect of which access control has been so instituted;

“airport services” means services provided at an aerodrome which are essential for safe air traffic operations and includes but is not limited to the following—

   (a)   ground handling of civil aircraft, passengers, baggage, freight or mail;

   (b)   fire fighting;

   (c)   medical services for flight crew members and passengers;

   (d)   the supply of civil aircraft with fuel and lubricants;

   (e)   protection services against acts of unlawful interference to civil aircraft;

   (f)   in flight catering services;

   (g)   conveniences for passengers and other airport users; and

   (h)   services by self-service handling provider;

“airport services permit” means a permit granted by the Authority in accordance with section 105;

“airport system” means two or more airports grouped together to serve the same city, town, district or province and includes the various systems utilised by airports to ensure the smooth functioning and operations of such airports;

“airport user” means a person who utilises the airport facilities and services;

“air route” means navigable airspace between two points and the terrain beneath that airspace identified, to the extent necessary, for the application of flight rules;

“air service for own use” means a non-commercial flight engaged for transport of persons and things for a person’s own use;

“air service” means any scheduled air service performed by aircraft for the public transport of passengers, mail or cargo;

“air traffic” means all aircraft in flight or operating on manoeuvering areas of an aerodrome;

“air traffic control service” means a service provided for the purpose of—

   (a)   preventing collisions—

      (i)   between aircraft; and

      (ii)   on the manoeuvring area between aircraft and obstructions; and

   (b)   expediting and maintaining an orderly flow of air traffic;

“air traffic management” means the dynamic, integrated management of air traffic and airspace including air traffic services, airspace management and air traffic flow management safely, economically and efficiently through the provision of facilities and seamless services in collaboration with all parties and involving airborne and ground based functions;

“air traffic service” is a generic term meaning variously, flight information service, alerting service, air traffic advisory service, air traffic control service (area control service, approach control service or aerodrome control service;

“airspace of Zambia” means the airspace over the territory of the Republic of Zambia;

“Annex” means an Annex to the Chicago Convention and the amendments to the Annex;

“Appeals Tribunal” means the tribunal established under section 71 of the Civil Aviation Authority Act, 2012;

“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 civil aircraft in flight, including a parachute, communication equipment and other mechanism installed in, or attached to, civil aircraft during flight, and which are not part of the civil aircraft, aircraft engines or propellers;

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

“authorised person” means—

   (a)   a 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;

   (b)   a person authorised in writing by the Zambia Defence Force;

   (c)   a person authorised, in writing, by the Director-General to perform a particular function or exercise a power; or

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

“Authority” means the Civil Aviation Authority established by the Civil Aviation Authority Act, 2012;

“aviation facility” means premises for the handling of passengers, cargo, mail 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 an aerodrome, civil aircraft or the public at an aerodrome or heliport, whether such building, structure or premise is situated within the boundaries of the aerodrome or not;

“Board of the Authority” means the Board of the Authority established in accordance with the Civil Aviation Authority Act, 2012;

“carriage” means transportation on board a civil aircraft;

“Chicago Convention” means the Convention on International Civil Aviation, opened up for signature at Chicago on 7th December, 1944, including the Annexes and any amendment to it to the extent that ICAO has declared such amendment to be in force, in accordance with the Chicago Convention, and the Minister has, by statutory instrument, given effect to the amendment;

“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, citizen empowered company or citizen influenced company, as defined in the Citizens Economic Empowerment Act, 2006;

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

“civil aviation” means air services or aerial work or commercial air transport operations;

“commercial air transport operations” means the operation of a civil aircraft for the carriage of passengers, cargo or mail for remuneration or hire, whether domestically or internationally;

“communication record” means the whole or any part of any record, recording, copy, transcript or substantial summary of any type or form of communications in respect of air traffic control or related matters that take place between or amongst the following persons—

   (a)   air traffic controllers;

   (b)   flight crew members;

   (c)   airport vehicle operators;

   (d)   flight service station specialists; or

   (e)   persons who relay messages in respect of air traffic control or related matters;

“Contracting State” means a State which is a party to the Chicago Convention or any of the Conventions;

“Conventions” means the Convention on Offences and Certain other Acts Committed on Board Aircraft signed in Tokyo on 14th September, 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft signed at the Hague on 16th December, 1970 or the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation signed in Montreal on 23rd September, 1971;

“Convention country” means a country in which the Chicago Convention or any of the Conventions is in force;

“dangerous goods” means any article or substance which is capable of posing a significant risk to health, safety, property or the environment when transported by air;

“designated airport” means an aerodrome designated by the Minister by statutory instrument;

“Director-General” means the chief executive officer of the Authority appointed in accordance with the Civil Aviation Authority Act, 2012;

“Director of Investigations” means the person appointed as the Director of Investigations in accordance with section 54;

“flight crew member” means a licensed crew member charged with duties essential to the operation of a civil aircraft during a flight duty period, and includes the pilot in command;

“flight information region” means an airspace of defined dimensions within which flight information services and alerting services are provided;

“flight path” means the line of an aircraft’s passage through the air;

“foreign air operator” means an operator, other than an air operator established in Zambia, who undertakes, directly or indirectly, by lease or other arrangement, scheduled or non scheduled air services within the borders or airspace of Zambia;

“harmful article” means a dangerous good as defined in Annex 18 and a weapon, explosives or other dangerous device, articles or substance which are subject to security control in accordance with Annex 17;

“heliport” means a defined area on land, structure or installation or design intended to be used for, or in connection with, the arrival, departure or surface movement of helicopters;

“ICAO” means the International Civil Aviation Organisation;

“identifying and notifying of differences” means the process whereby a Contracting State, in accordance with Article 38 of the Chicago Convention, identifies and notifies another ICAO Contracting State of any differences as specified in the Chicago Convention;

“inspector” means an inspector appointed by the Director-General in accordance with section 17 of the Civil Aviation Authority Act, 2012;

“International Agreement” means the International Air Services Transit Agreement signed at Chicago in the United States of America on 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 airport” means an aerodrome designated by the Minister, by statutory instrument, as an international airport;

“international air service” means an air service which passes through the airspace over the territory of more than one State;

“international aviation standard” means—

   (a)   an international standard or recommended practice or procedure adopted or amended by the ICAO in accordance with Article 37 of the Chicago Convention;

   (b)   any standard, rule or requirement on aviation prescribed by the law of any regional grouping;

“international commercial air transport” means the carriage by civil aircraft of passengers, cargo or mail for remuneration or hire, between any two or more States;

“investigator” means an investigator appointed in accordance with section 17 of the Civil Aviation Authority Act, 2012, or an investigator appointed in accordance with section 54;

“manoeuvering area” means that part of an aerodrome that is used for the takeoff, landing and taxiing of aircraft, excluding aprons;

“National Aviation Security Programme or NASP” means the National Aviation Security Programme developed by the Authority in accordance with section 55 and in compliance with Annex 17;

“National Facilitation Programme or NFP” means the National Facilitation Programme developed by the Authority in accordance with section 57 and in compliance with Annex 9;

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

“on board recording” means the whole or any part of—

   (a)   a recording of voice communications originating from, or received on, or in, the flight deck of a civil aircraft; or

   (b)   a video recording of the activities of the personnel of a civil aircraft that is made using recording equipment that is intended not to be controlled by the personnel on the flight deck of the aircraft,

including a substantial summary of such a recording or transcript of the video recording;

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

“person” means an individual, firm, partnership, statutory corporation, company or association, including any trustee, receiver, assignee or other similar entity;

“pilot-in-command” means the pilot designated by the operator, or in the case of general aviation, the owner, as being in command and charged with the safe conduct of a flight;

“premise” includes an aerodrome, hangar, approved maintenance organisation, workshop, ramp, fuel storage, operator’s office, cargo handling area, vehicle and aviation training organisation;

“public health emergency of international concern” means an extraordinary event which is determined, as provided in the International Health Regulations (2005) of the World Health Organisation, to constitute a public health risk to other States through the international spread of disease and which potentially requires a coordinated international response;

“public health risk” means a likelihood of an event that may adversely affect the health of human populations, with an emphasis on an event which may spread internationally or may present a serious and direct danger;

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

“registered owner” means the person in whose name an aircraft is registered and includes any person who is or has been acting as an agent in Zambia for a foreign air operator or a person by whom the aircraft is hired at the time;

“regulations” in this Act is used in a generic sense to include but is not limited to statutory instruments, instructions, rules, edicts, directives, policies, requirements, including the Zambia Civil Aviation Requirements (ZCARs), circulars and orders.

“repealed Act” means the Aviation Act;

“repealed Acts” means the Aviation Act, Safety of Civil Aviation Act, Air Services Act and the Tokyo Convention Act;

“rescue” means an operation to retrieve persons in distress, provide for their initial medical or other needs, and deliver them to a place of safety;

“restricted area” means an area, building or place, at an international airport, in respect of which access control has been instituted for security purposes by, or with the concurrence of, the management of such international airport, or in respect of which the Minister has directed the management of the international airport, or an organisation conducting business at an aerodrome, to institute access control and in respect of which access control has been so instituted;

“runway” means a defined rectangular area at an aerodrome prepared for the landing and takeoff of civil aircraft;

“scheduled air services” means a series of flights operated to serve air traffic between two or more aerodromes according to a published timetable or the flights to such aerodromes that are so regular or frequent that they constitute a recognisable systematic series;

“search” means an operation normally coordinated by a Rescue Coordination Centre or Rescue Sub-centre using available personnel and facilities to locate persons in distress;

“search and rescue service” means the performance of distress monitoring, communication, coordination and search and rescue functions, initial medical assistance or medical evacuation, through the use of public and private resources, including cooperating aircraft, vessels and other craft and installations;

“self-service handling provider” means a user of an aerodrome that independently provides one or more categories of airport services to itself;

“serious aircraft incident” means an incident involving circumstances indicating that there was a high probability of an accident and associated with the operation of a civil aircraft which—

   (a)   in the case of a manned aircraft, takes place between the time any person boards the civil aircraft with the intention of flight until such time as all such persons have disembarked; or

   (b)   in the case of an unmanned aircraft, takes place between the time the aircraft is ready to move with the purpose of flight until such time as it comes to rest at the end of the flight and the primary propulsion system is shut down;

“sports flights” includes parachute jumping, aero modeling intended for recreation purposes and sport competitions;

“State aircraft” means an aircraft used exclusively in the service of a government, including—

   (a)   the Government of Zambia; and

   (b)   a military aircraft,

but does not include a government owned aircraft engaged in commercial air transport operations;

“State of Design” means the State having jurisdiction over an organisation responsible for the design of an aircraft;

“State of Manufacture” means the State having jurisdiction over an organisation responsible for the final assembly of an aircraft;

“State of Occurrence” means the State in whose territory an aircraft accident or serious aircraft incident occurs;

“State of Operator” means the State in which the operator’s principal place of business is located or, if there is no such place of business, the operator’s permanent residence;

“State of Registry” means the State on whose register the aircraft is registered;

“State Safety Programme” means the management system which complies with the requirements of Annex 19 and developed by the Authority in accordance with section 45;

“stop for non-traffic purposes” means a landing for any purpose other than taking on or discharging passengers, cargo or mail;

“taxiway” means a defined path on or at an aerodrome established for the taxiing of aircraft and intended to provide a link between one part of the aerodrome to another part of the aerodrome;

“technical standard” means a 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;

“Tokyo Convention” means the Convention on Offences and Certain other Acts Committed on Board Aircraft signed in Tokyo on 14th September, 1963, including amendments to it, to the extent that ICAO has declared such amendments to be in force and the Minister has, by statutory instrument, given effect to the amendments;

“Transit Agreement” means the International Air Services Transit Agreement signed at Chicago on 7th December, 1944, or any international agreement amending that agreement to which Zambia is a State Party and the Minister has, by statutory instrument, given effect to the amendments; and

“Zambian aircraft” means an aircraft registered in Zambia and includes any aircraft that is operated by joint air transport operating organisations or international operating agencies established by the Government, as operators and any other Convention country that is declared by the Minister, by notice in the Gazette, to be a Zambian aircraft;

   (2) Notwithstanding sub-section (1), where a technical word is defined in that sub-section but no longer meets the definition specified in an Annex, that word or term shall have the meaning assigned to it in the relevant Annex.

   (3) Where a word or term used in this Act is defined in the Civil Aviation Authority Act, 2012, and not defined in sub-section (1), that word or term shall have the meaning assigned to it in the Civil Aviation Authority Act, 2012.

3.   Application of Act, Chicago Convention and Conventions

   (1) This Act, the Chicago Convention, Transit Agreement and Conventions, except where expressly excluded in this Act, apply to—

   (a)      an aerodrome, air navigation facility, aviation facility, regulatory authority, operator, airport operator, other user, passenger or any person boarding a civil aircraft or entering an aerodrome, air navigation facility, airport infrastructure, maintenance repair infrastructure, aviation training facility and registered owner of a civil aircraft operating in, to and from Zambia;

   (b)   every person employed at, or in connection with, any aviation activity, including an aerodrome, air navigation facility, aviation facility or international airport;

   (c)   all foreign registered civil aircraft operating in, to and from Zambia or over the territory of Zambia and flight crew members of such aircraft; and

   (d)   all Zambian civil aircraft, flight crew members, and personnel of such aircraft, whether within or outside Zambia.

   (2) This Act, the Chicago Convention, Transit Agreement and Conventions do not, unless otherwise provided, apply to—

   (a)   a State aircraft or a person employed, on or in connection with such aircraft; or

   (b)   aerodromes specifically for use by State aircraft.

   (3) Subject to this Act, the Minister may do all things necessary and expedient to give effect to, and for the carrying out of the Chicago Convention, Transit Agreement and Conventions.

4.   Territorial limits, designation of country of jurisdiction and exercise of function

   (1) In this Act, except where the context otherwise requires, any reference to a country or the territorial jurisdiction of that country shall be construed as including the territory, territorial waters and airspace over such territory or water, if any, of the country.

   (2) Subject to sub-section (3), this Act extends to acts, commissions, matters and things outside Zambia, unless the provision otherwise provides or intends.

   (3) Subject to this Act, the functions and powers specified in this Act relating to civil aircraft, air services or air navigation services shall only be exercised in relation to—

   (a)   air services conducted in, to and from Zambia;

   (b)   between or among other States and Zambia;

   (c)   a referral of power by another State;

   (d)   giving effect to an international agreement, treaty or convention; or

   (e)   matters of international concern.

   (4) Where an airline operator or other agency operates a civil aircraft between two or more countries it shall—

   (a)   designate for each civil aircraft, the country among them which shall exercise the jurisdiction and have the attributes of the State of Registry for that aircraft; and

   (b)   give notice of the designation to the Authority and ICAO.

5.   Aircraft in flight and aircraft in service

   (1) For the purposes of this Act, an aircraft is regarded to be in flight—

   (a)   from the moment when all its external doors are closed following embarkation until the moment when the doors are opened for disembarkation;

   (b)   if the aircraft makes a forced landing, until the moment when the competent authorities of the country in which the forced landing took place take over the responsibility for the aircraft and the persons and property on board;

   (c)   in the case of an unmanned aircraft, from the time the aircraft is ready to move with the purpose of flight until such time as it comes to rest at the end of the flight and the primary propulsion system is shut down; or

   (d)   during any period when it is on the surface of the sea or land but not within the territorial limits of any country.

   (2) For the purposes of this Act, an aircraft is regarded to be in service from the start of the pre-flight preparation of the aircraft by ground personnel or flight crew members for a specific flight, until 24 hours after the landing.

6.   Supremacy over other aviation laws

This Act prevails over any other civil aviation law to the extent of any inconsistency.

7.   Act to bind Republic

   (1) This Act shall bind the Republic.

   (2) Notwithstanding sub-section (1), this Act does not make the Republic liable to be prosecuted for an offence.

8.   Functions of Minister and Authority

   (1) Subject to this Act, the Minister shall be responsible for the implementation of this Act, the Chicago Convention, the Transit Agreement and Conventions.

   (2) Whenever the Minister is satisfied that it is necessary or desirable, in the public interest, to exercise the powers conferred by this Act, the Minister may—

   (a)   by statutory notice, declare that Zambia or any portion of Zambia shall be a restricted area for the purposes of this Act;

   (b)   in the statutory notice, referred to in paragraph (a), issue orders and instructions in respect of a restricted area or part of the area—

      (i)   regulating, restricting or prohibiting the navigation of all or any description of aircraft;

      (ii)   regulating, restricting, or prohibiting the use, erection, building, maintenance or establishment of any aerodrome or flying school;

   (c)   assign to an authorised person any of the powers specified in paragraph (b) with regard to a restricted area.

   (3) An authorised person assigned the duty of carrying out and giving effect to orders and instructions in relation to a restricted area, as specified in sub-section (2), is empowered to take all steps which are reasonable and necessary to secure compliance with the orders and instructions and no action for damages or compensation shall lie against the Government or any such authorised person for loss or damage sustained on account of actions taken and no compensation shall be payable by reason of the operation of any order or instruction issued in accordance with that section.

   (4) A person who refuses or, without good and proper cause, fails to comply with an order or instruction made or issued in accordance with sub-section (2) or who obstructs a person charged with the duty of carrying out and giving effect to an order or instruction, commits an offence and is liable, upon conviction, to a fine not exceeding fifteen thousand penalty units, or to imprisonment for a term not exceeding one year, or to both.

   (5) Subject to this Act and the Civil Aviation Authority Act, 2012, the Authority shall be the appropriate authority for the purposes of carrying out the functions of this Act, the Chicago Convention, Transit Agreement, other relevant international agreements and Conventions.

PART II
AERODROMES

9.   Licensing and registration of aerodromes

A place or building shall not be used as a public aerodrome if it has not been registered and licensed by the Authority.

10.   Classification of aerodromes

   (1) An aerodrome may be classified as civil, military or combined civil and military.

   (2) An aerodrome shall, according to its purpose, be classified as—

      a public aerodrome;

   (b)   an aerodrome to be used mainly for sports flights;

   (c)   an aerodrome for air services for own use; and

   (d)   a heliport.

   (3) Aerodromes shall be divided into classes according to the physical, constructional engineering and traffic performances of the main runway and taxiways and into categories according to the level of air navigation aids and instruments used for aircraft approach, landing, manoeuvering and take off.

11.   International airport

   (1) The Minister may, by statutory instrument, designate an aerodrome at which facilities are available for clearance of, or compliance with, customs, immigration, quarantine and other formalities and for arrivals in, or departures from, Zambia as an International airport.

   (2) Subject to any exception as the Minister may prescribe, by statutory instrument—

      a civil aircraft arriving in Zambia from a place outside Zambia shall land at an international airport; and

   (b)   a civil aircraft departing from Zambia for a place outside Zambia shall takeoff from an international airport.

   (3) Where a civil aircraft, to which sub-section (2) applies, lands or takes off in contravention of that sub-section, the operator or pilot in command commits an offence and shall be liable, on conviction, to a fine not exceeding fifty thousand penalty units or to imprisonment for a term not exceeding two years, or to both.

   (4) Sub-section (3) shall not apply if the pilot in command had reasonable cause to land or takeoff at an aerodrome not designated as an international airport.

12.   Use of aerodromes

   (1) An aerodrome or airfield may be used for air traffic operations if it meets the prescribed ICAO Annex 14 requirements for aviation safety, design, construction and reconstruction and is certified or licenced by the Authority.

   (2) An aerodrome shall not be used for international operations unless it has been certified by the Authority in accordance with the requirements of Annex 14.

13.   Acquisition of land and interests for aerodromes

   (1) The President may acquire land in accordance with the Lands Acquisition Act for purposes of developing aerodromes in Zambia and for purposes specified under paragraphs (a) and (b) of sub-section (2).

   (2) The Minister may pay out money appropriated by Parliament for the purpose of—

   (a)   acquiring land and interests in and over land adjoining or adjacent to an aerodrome; and

   (b)   acquiring land and interests in, and over land for the purpose of erecting and maintaining of warning lights and other aids to safety in air navigation, including pipe lines, or power lines or the like, whether underground or overhead, required in connection with such lights or other aids, which are considered necessary in connection with any aerodrome.

14.   Permission to use land for aerodromes

   (1) Subject to the Constitution, Mines and Minerals Development Act, 2015, the Environmental Management Act, 2011, and the Water Resources Management Act, 2011, the Minister responsible for mines may permit the use of land held under any reconnaissance, exploration licence, mining licence or permission for the establishment of aerodromes.

   (2) The Minister responsible for mines shall, before granting permission, under sub-section (1), for the use of land held under any reconnaissance, exploration licence, mining licence or permission for the establishment of aerodromes or landing places for aircraft, consult with the Minister and all interested parties.

15.   Construction, maintenance and use of aerodrome infrastructure

   (1) An aerodrome shall be constructed as to satisfy the requirements for safe take off, landing and stay of all or specified types of aircraft.

   (2) The Minister shall prescribe special requirements for planning, design, construction and reconstruction of an aerodrome.

PART III
ZAMBIA AIRPORTS CORPORATION LIMITED

16.   Interpretation

In this Part unless the context otherwise requires—

“Company” means the Zambia Airports Corporation Limited, a company limited by shares and registered under the Companies Act;

“designated airport” means Kenneth Kaunda Intern

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