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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      (t)   prohibiting access to or interference with aircraft to which an accident has occurred, and authorising any person, so far as may be necessary for the purposes of an investigation, to have access to, examine, remove, take measures for the preservation of, or otherwise deal with, any such aircraft;

      (u)   the manner and conditions of recognition of certificates of airworthiness, certificates of competency, and licenses issued or recognised by any State which is a party to the Convention, the renewal, extension, or variation of such recognition, and the fees to be paid for such recognition, renewal, extension, or variation;

      (v)   authorising or requiring the cancellation, suspension, endorsement, or surrender of any license or certificate granted under this Act where it appears on an investigation that the license ought to be cancelled, suspended, endorsed, or surrendered, and authorising or requiring the production of any such license for the purpose of being dealt with;

      (w)   prohibiting or regulating, for the purpose of ensuring the safe operation of aircraft, the use in aircraft or aero engines of spare parts, instruments, accessories, or other materials which do not conform to prescribed specifications or standards of quality or manufacture;

      (x)   establishing and regulating the use of the civil air ensign;

      (y)   for the purpose of ensuring the safe operation of aircraft or minimising or preventing interference with the use or effectiveness of any aerodrome or any radio or electronic apparatus or equipment which has been installed as a communication or navigation aid, prohibiting or regulating-

      (i)   prospecting or mining on any aerodrome;

      (ii)   prospecting or mining on or the entry of persons upon any definite and limited ground on which any such apparatus or equipment has been installed;

      (z)   prohibiting or regulating the emission or causing of smoke in any area within forty thousand feet from the boundary of any aerodrome. For the purpose of this paragraph, "smoke" includes soot, ash, grit, gritty particles, dust and any other substance whatsoever which obscures visibility;

      (aa)   prohibiting or regulating the parking of vehicles on any aerodrome;

      (bb)   the fees to be paid in respect of parking of vehicles on any aerodrome;

and generally for the better carrying out of the objects and purposes of this Act, the generality of this provision not being limited by the particular matter provided in the preceding paragraphs of this sub-section.

   (2) Different regulations may be made for different classes of aircraft, aerodromes, persons, or property, and for different parts of Zambia, but regulations shall as far as is practicable be so framed as not to discriminate in like circumstances between aircraft registered in Zambia and operated for hire and reward.

   (3) Regulations made under this section may prescribe penalties for the contravention thereof or failure to comply therewith, may prescribe the mode of enforcing such penalties, and may also impose different penalties in case of a second or subsequent contravention or non- compliance, but no such penalty shall exceed the penalties mentioned in section 19.

[S 4 am by Act 25 of 1961; GN 387 of 1963; SI 153, 162 of 1965.]

 

5.   Special powers in case of emergency

   (1) Whenever it appears to the Minister necessary or desirable in the public interest to exercise the powers conferred by this section, 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 section;

      (b)   in the notice referred to in paragraph (a) or in a like notice or otherwise issue orders and instructions in respect of any restricted area or part thereof-

      (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, flying school or landing ground, or any class or description thereof;

      (c)   assign to any person in respect of any restricted area any of the powers set forth in paragraph (b).

   (2) Any person to whom is assigned the duty of carrying out and giving effect to orders and instructions issued under this section is hereby empowered to take all steps which are reasonable and necessary to secure compliance therewith, and no action for damages or compensation shall lie against the Government or any such person for any loss or damage sustained on account of such steps having been taken, nor, save as is otherwise in this section provided, shall any compensation be payable by reason of the operation of any order or instruction issued under this section.

   (3) Any person who refuses or, without good and proper cause, fails to comply with any order or instruction made or issued under or by virtue of this section, or who obstructs any person charged with the duty of carrying out and giving effect to any such order or instruction, shall be guilty of an offence and liable to a fine not exceeding fifteen thousand penalty units, or to imprisonment for one year without the option of a fine, or to both.

[S 5 am by Act 25 of 1961; GN 387 of 1963; Act 13 of 1994.]

 

6.   Establishment and maintenance of aerodromes by Minister

The Minister may, out of moneys to be appropriated by Parliament for the purpose, establish and maintain aerodromes and provide and maintain roads and approaches thereto and apparatus and equipment (including radio and electronic apparatus and equipment) therefor, and may for the purpose acquire land and interests in and rights to and over land.

[S 6 am by Act 25 of 1961; GN 387 of 1963; SI 153 of 1965.]

 

7.   Powers of entry on land

   (1) In the exercise of the powers conferred by section 6, and subject to the provisions of sub-sections (2) and (3), any person duly authorised thereto by the <PW:Popup,4.14583,1.01042,Popup>Director of Roads authorised by SI 303 of 1965.')1Minister, or by any public officer deputed by the Minister to grant such authority on his behalf, shall at all times have the power-

      (a)   to enter upon any land or part thereof and conduct such examinations and surveys as are necessary for the purpose of determining its suitability for the establishment or extension of an aerodrome, approaches thereto, or for the installation of apparatus or equipment therefor;

      (b)   to take for the construction, extension or maintenance of an aerodrome materials from any land which is not included in any township which has been approved by the competent authority under the Town and Country Planning Act, subject to the condition that no damage is done to any permanent improvements on such land.

   (2) The powers conferred under this section shall not be exercised without previous notice to the owner or occupier of the land or the owner of the materials. If the whereabouts of an owner or occupier to whom notice must be given in terms of this sub-section are unknown, the publication of a notice in three consecutive issues of the Gazette and in three consecutive editions of a newspaper circulating in the district where such land is situated stating the action proposed to be taken shall be deemed to be a sufficient notice to such owner or occupier for the purposes of this sub-section.

   (3) Reasonable compensation shall be paid to any person who suffers loss or damage through the exercise of the powers conferred by this section in such amount as may be agreed between such person and the Minister.

   (4) In the event of any dispute arising under the provisions of sub-section (3), such dispute shall be determined in accordance with the provisions of the Arbitration Act and for that purpose the parties shall be deemed to be parties to a submission in which the reference is to two arbitrators.

[S 7 am by GN 387 of 1963; SI 153 of 1965.]

 

8.   Power to erect tents and graze animals

   (1) Any <PW:Popup,4.14583,1.01042,Popup>Director of Roads authorised by SI 303 of 1965.')1person duly authorised in terms of section 7 may, in the discharge of his duties under such section, place his vehicles, erect tents, huts, or temporary buildings on any site convenient to him, and graze for such period as may be necessary on all adjoining natural and unenclosed pasture lands such animals as are used by him in the exercise of his duties, subject to the conditions set out in sub-section (2).

   (2) —

      (a)   Before exercising the rights conferred under this section, such person shall give reasonable notice to the owner or occupier of such land, but if the whereabouts of such owner or occupier are unknown, the publication of a notice in three consecutive issues of the Gazette and in three consecutive editions of a newspaper circulating in the district where such land is situated stating the action proposed to be taken shall be deemed to be a sufficient notice to such owner or occupier for the purposes of this paragraph.

      (b)   No tents, huts, or other temporary buildings shall be erected within five hundred yards of any dwelling-house.

      (c)   If the owner or occupier of such land to whom notice has been given in terms of paragraph (a) objects to any site chosen for the erection of tents, huts, or other temporary buildings, the matter shall be referred to a magistrate of the district, who may make such order thereon as he may deem just and reasonable.

[S 8 am by GN 387 of 1963.]

 

9.   Power to construct drains

   (1) The <PW:Popup,4.84375,1.04167,Popup>Powers delegated to Director of Roads by SI 304 of 1965.')2Minister shall have power to construct such drains as may be necessary for the purpose of leading storm water, which would otherwise naturally gather or impinge on an aerodrome or any radio or electronic apparatus or equipment which has been installed as a communication or navigation aid, to its nearest natural drainage.

   (2) If as a result of the construction of any such drain such storm water causes damage to any property, the Minister shall pay reasonable compensation to any person aggrieved. In the event of any dispute as to the cause of such damage or the amount of compensation, the matter shall be referred to arbitration in accordance with the provisions of sub-section (4) of section 7.

[S 9 am by Act 25 of 1961.]

 

10.   Discharge of storm water on to aerodrome prohibited

The owner or occupier of any land adjoining any aerodrome or any radio or electronic apparatus or equipment which has been installed as a communication or navigation aid shall not cause or permit storm water to discharge from drains, or contour ridges constructed on such land, on to such aerodrome or such apparatus or equipment.

[S 10 am by Act 25 of 1961.]

 

11.   Licensing and registration of aerodromes

   (1) No place or building shall be used as a public aerodrome unless it has been registered and licensed under this Act or approved by a prescribed authority.

   (2) For the purposes of this section, "public aerodrome" means any aerodrome at which charges are levied for the landing or housing of aircraft, or at which aircraft carrying passengers or goods for hire land or depart:

Provided that a prescribed authority may, in such special circumstances and subject to such conditions or limitations as it may think fit, temporarily exempt any such aerodrome from this classification as a public aerodrome.

 

12.   Trespass, nuisance and responsibility for damage

   (1) No action shall lie in respect of trespass or in respect of nuisance, by reason only of the flight of an aircraft over any property at a height above the ground, which, having regard to wind, weather and all the circumstances of the case, is reasonable, or the ordinary incidents of such flight, so long as the provisions of this Act and of the Convention are duly complied with.

   (2) Where material loss or damage is caused to any person or property on land or water by, or by a person in, or an article or person falling from, an aircraft while in flight, taking off or landing, then, unless the loss or damage was caused or contributed to by the negligence of the person by whom it was suffered, damages in respect of the loss or damage shall be recoverable without proof of negligence or intention or other cause of action, as if the loss or damage had been caused by the wilful act, neglect, or default of the owner of the aircraft:

Provided that where material loss or damage is caused as aforesaid in circumstances in which—

      (i)   damages are recoverable in respect of the said loss or damage by virtue only of the foregoing provisions of this sub-section; and

      (ii)   a legal liability is created in some person other than the owner to pay damages in respect of the said loss or damage; the owner shall be entitled to be indemnified by that other person against any claim in respect of the said loss or damage.

 

13.   Inquiries

   (1) Any board appointed to conduct any enquiry under the provisions of this Act shall, if the accident occurred or if the matter to be inquired into is situated within Zambia, have power to summon and examine witnesses on oath and to call for the production and grant inspection of books, logs, certificates, licenses, and other documents. The provisions of the Subordinate Courts Act and the rules made thereunder shall, mutatis mutandis apply to procuring the attendance of witnesses, their examination, the production of books and documents and the like, and for that purpose the chairman of such board shall have power to sign such documents as may be necessary for the purpose of the inquiry in the same manner as the magistrate or the clerk of the Court has power to do. Any process to be served for purposes of such an inquiry shall be served by the messenger of such Court of the district in which the person upon whom service is made resides.

   (2) Nothing in this section contained shall be construed as affecting the powers or duties conferred upon coroners or magistrates by the provisions of any written law relating to inquests, but where an accident involving loss of life is inquired into under this section by a coroner or magistrate, or by a board of which a coroner or magistrate is a member, the inquiry held under this Act may be a joint inquiry of the board and inquest of the coroner or magistrate.

[S 13 am by GN 387 of 1963.]

 

14.   Postal provisions

No mails shall be carried by any aircraft without the consent in writing of the Director of Postal Services, and all provisions contained in the Postal Services Act with regard to the dispatching, conveying, and delivering of mails and all incidental services relating thereto shall, with such modifications, adaptations and such consequential and supplementary provisions as may by the Minister be declared by statutory notice to be expedient and necessary, apply to the dispatching, conveying, and delivering of mails by aircraft.

[S 14 am by Act 32 of 1957; GN 387 of 1963.]

 

15.   Patent claims against aircraft not protected under Convention

   (1) Where it is alleged by any person interested that a foreign aircraft, which is not an aircraft to which section 16 applies, and which is making a passage through or over Zambia, infringes in itself or in any part of it any invention, design, or model which is entitled to protection in Zambia, the High Court may, pending action to be brought, order the detention of such aircraft until the owner thereof deposits or secures in respect of the alleged infringement a sum, in this section called the deposited sum, and upon such order being complied with the aircraft shall not, during the continuance or in the course of the passage, be subject to further detention in respect of the same course of action.

   (2) The deposited sum shall be such a sum as may be agreed between the parties interested, or in default of agreement shall be fixed by the Court, and payment thereof shall be made or secured to the applicant in such manner as the parties may agree or the Court may direct. In giving judgment in the action so to be brought by the claimant, the Court shall grant an order as to the disposal of the deposited sum.

   (3) For the purposes of this section, "owner" includes the actual owner of an aircraft and any person claiming through or under him, and "passage" includes all landings and stoppages in the course or for the purpose of a flight.

[S 15 am by GN 387 of 1963.]

 

16.   Exemption from seizure of certain aircraft on patent claims

   (1) Any lawful entry into Zambia or any lawful transit across Zambia with or without landing of aircraft to which this section applies shall not entail any seizure or detention of such aircraft, or any proceedings being brought against the owner or operator thereof, or any other interference therewith by or on behalf of any person in Zambia, on the ground that the construction, mechanism, parts, accessories, or operation of such aircraft is or are an infringement of any patent, design, or model.

   (2) The importation into, and storage in, Zambia of spare parts and spare equipment for aircraft to which this section applies, and the use and installation thereof in the repair of any such aircraft, shall not entail any seizure or detention of such aircraft or of such spare parts or spare equipment, or any proceedings being brought against the owner or operator of such aircraft or the owner of such spare parts or spare equipment, or any other interference with such aircraft by or on behalf of any person in Zambia on the ground that such spare parts or spare equipment or their installation is or are an infringement of any patent, design, or model:

Provided that this sub-section shall not apply in relation to any spare parts or spare equipment which are sold or distributed in Zambia or are exported from Zambia for sale or distribution.

   (3) This section applies to aircraft other than aircraft used in military, customs, or police services registered in any country or territory in respect of which there is for the time being in force a declaration made by the President by statutory proclamation with a view to the fulfillment of the provisions of the Convention to which this section relates, that the benefits of these provisions apply to that country or that territory and to such other aircraft as the President may by statutory proclamation specify.

[S 16 am by GN 387 of 1963.]

 

17.   Detention of aircraft

   (1) If the owner, pilot, or person in charge of any aircraft commits any offence under this Act, or if reasonable suspicion exists that such an offence has been committed or attempted, or is about to be committed or attempted, any customs officer or any superior police officer or any police officer authorised by a superior police officer may, pending the trial of the charge, detain the aircraft from or in respect of which the offence was or is about to be committed. Any person who, knowing of such detention, removes or causes to be removed any aircraft so detained shall be guilty of an offence and shall be liable to a fine not exceeding forty ngwee, or to imprisonment for a period not exceeding twelve months without the option of a fine, or to both such fine and such imprisonment:

Provided that where recognizances are entered into or security deposited to the satisfaction of the authority having power to demand and receive the same, that authority may, if satisfied that the ends of justice will not thereby be prejudiced, order the release of the aircraft from further detention.

   (2) No customs officer authorised to grant clearance to any aircraft shall grant clearance to any aircraft while detained under the provisions of this section.

[S 17 am by GN 387 of 1963.]

 

18.   Dangerous flying

   (1) Where an aircraft is flown in such a manner as to be the cause of unnecessary danger to any person or property on land or water, the pilot or the person in charge of the aircraft, and also the owner thereof unless he proves to the satisfaction of the Court that the aircraft was so flown without his actual fault or privity, shall be liable on conviction in any subordinate Court to a fine not exceeding forty ngwee, or to imprisonment for a period not exceeding six months, or to both such fine and such imprisonment.

   (2) The provisions of this section shall be in addition to and not in derogation of the powers conferred upon the Minister by section 4.

[S 18 am by SI 153 of 1965.]

 

19.   Offences and penalties

   (1) Any person who contravenes or fails to comply with any provision of this Act with which it is his duty to comply shall be guilty of an offence and shall, except where any penalty is specially provided for such contravention or failure, be liable to a fine not exceeding six thousand penalty units, or to imprisonment without the option of a fine for a period not exceeding six months, or to both.

   (2) Where an offence is committed in relation to an aircraft, the operator of the aircraft and the person in command thereof, unless he is also the operator, shall, without prejudice to the liability of any other person, be deemed to have committed such offence, unless he proves that the contravention or failure to comply—

      (a)   was due to accident, stress of weather, or other unavoidable cause; or

      (b)   took place without his actual fault or privity.

   (3) The penalties provided in this Act shall be in addition to, and not in substitution for, any penalties imposed under the Customs and Excise Act relating to the importation or exportation of goods and to persons entering or leaving Zambia by aircraft.

[S 19 am by GN 387 of 1963; Act 13 of 1994.]

 

20.   Jurisdiction

Any offence under this Act and any offence committed on a locally registered aircraft shall, for purposes in relation to jurisdiction of a Court to try the offence, be deemed to have been committed in any place where the accused happens to be:

Provided that if any such offence is committed within Zambia, the offence may be tried by any Court having jurisdiction where the offence was committed.

[S 20 am by GN 387 of 1963.]

 

21.   Application

   (1) The provisions of this Act and of the Convention shall, except where expressly excluded under this Act or by proclamation or regulation, apply to—

      (a)   all aircraft whilst in or over any part of Zambia; and

      (b)   all locally registered aircraft and personnel wherever they may be.

For the purposes of this sub-section, the personnel of an aircraft shall be deemed to include the commander or other person in charge of the aircraft, and all other members of the crew of the aircraft.

   (2) Such provisions of this Act as may be specified by the Minister by statutory notice shall not apply to aircraft or aerodromes belonging to, or for the time being in use exclusively by, the Defence Force.

[S 21 am by GN 387 of 1963; SI 153 of 1965.]

 

22.   Expenses in administering this Part

Any expenditure incurred in connection with the administration of this Part, and the carrying out and giving effect to the provisions of the Convention, shall be defrayed out of moneys appropriated by Parliament for the purpose.

[S 22 am by GN 387 of 1963; SI 153 of 1965; Act 16 of 1989.]

PART II
THE NATIONAL AIRPORTS CORPORATION LIMITED

 

23.   Commencement

This Part shall come into operation on 11th September 1989.

[S 23 am by Act 16 of 1989; SI 116 of 1989.]

 

24.   Interpretation

In this Part unless the context otherwise requires—

“appointed date” means the date appointed by the Minister under section 23 as the date of commencement of this Part;

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

“designated airport” means Kenneth Kaunda International Airport at Lusaka, Harry Mwaanga Nkumbula International Airport at Livingstone, Simon Mwansa Kapwepwe International Airport at Ndola, Mfuwe Airport and any other airport which the Minister may designate by statutory instrument;

[Subs by s 2 of Act 2 of 2012.]

“designated aerodrome” means any aerodrome designated by the Minister, by statutory instrument, to be owned, managed and administered, by a designated company;

“designated company” means any company designated by the Minister, by statutory instrument, to own, manage and administer any designated aerodrome and to carry out specific functions relating to the aerodromes;

“specific functions” means any function transferred to a designated company by virtue of this Act.

[S 24 am by Act 16 of 1989.]

 

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

On and after 11th September 1989 there shall be transferred to, and vested in, the Company—

      (a)   designated airports;

      (b)   subject to any conditions which may be imposed by the Minister, those functions which prior to the commencement of this Part were functions exercised by the Government in relation to designated airports; and

      (c)   all property, rights, liabilities and obligations which immediately before the appointed date were property, rights, liabilities and obligations of the Government relating to designated airports.

[S 25 am by Act 16 of 1989.]

 

26.   Functions of company

   (1) The functions of the Company shall be—

      (a)   functions referred to in paragraph (b) of section 25;

      (b)   subject to the direction of the Minister, to provide air traffic control service throughout the Republic;

      (c)   to provide aircraft services at designated airports;

      (d)   to provide fire and rescue services at designated airports and if directed by the Minister provide fire and rescue services at other airports;

      (e)   to provide and maintain navigational and telecommunications aids throughout the Republic;

      (f)   to provide security at designated airports; and

      (g)   to provide terminal facilities for passengers and cargo at designated airports.

   (2) In performing the functions set out in sub-section (1) the Company may—

      (a)   plan, develop, construct and maintain runways taxiways, aprons, terminal and ancillary buildings;

      (b)   arrange for postal, money exchange, insurance and telephone, facilities for the use of passengers and other persons at designated airports;

      (c)   regulate and control the movements of vehicles and the entry and exit of passengers at designated airports; and

      (d)   do all acts and things as may be necessary or incidental for the performance of its functions under this Part.

[S 26 am by Act 16 of 1989.]

 

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

   (1) The Company may, with the approval of the Minister, determine-

      (a)   landing charges, hangar charges, parking charges, other charges and fees for any service rendered by the company to aircraft, passengers and cargo and the public at designated airports; and

      (b)   overflying charges throughout the Republic.

   (2) The charges determined under sub-section (1) shall be published in the Gazette.

   (3) Notwithstanding sub-section (2), the Company may, in relation to special circumstances of any particular case determine the charges and fees applicable to such case in respect of any services to aircraft, passengers, cargo, and the public provided by it and the charges and fees shall have immediate effect in relation to such case:

Provided that such conditions, charges, and fees shall as soon as practicable after such determination, be published in the Gazette.

   (4) The Company may determine and charge rentals at designated airports.

[S 27 am by Act 16 of 1989.]

 

28.   Power to construct drains

   (1) The Company may construct any drains which may be necessary for the purpose of leading storm water, which would otherwise naturally gather or impinge on any designated airport or any radio or electronic apparatus or equipment which has been installed as a communication or navigation aid, to its nearest natural drainage.

   (2) If as a result of the construction of any such drain such storm water causes damage to any property, the Company shall pay reasonable compensation to any person aggrieved.

   (3) In the event of any dispute as to the cause of the damage or the amount of compensation, the matter shall be referred to arbitration in accordance with sub-section (4) of section 7.

[S 28 am by Act 16 of 1989.]

 

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

   (1) Whenever in pursuance of this Part any property, rights, liabilities or obligations, of the Government are deemed transferred in respect of which transfer a written law provides for registration, the Company shall make an application in writing to the proper officer of the appropriate registration authority for the registration of the transfer.

   (2) The officer referred to in sub-section (1) shall make such entries in the appropriate register as shall give effect to the transfer and, where appropriate, issue the transferee concerned a certificate of title in respect of the property or make necessary amendments to the register, as the case may be and shall make endorsement on the deeds relating to the title, right or obligation concerned; and no registration fees, stamp duty or other duties shall be payable.

[S 29 am by Act 16 of 1989.]

 

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

   (1) On and after the appointed date except as provided in this Part, every deed, bond and agreement (other than an agreement for personal service) to which the Government was a party immediately before the commencement of this Part, relating to designated airports and functions referred to in section 26, whether in writing or not, and whether or not of such nature that rights, liabilities and obligations thereunder could be assigned, shall, unless its subject-matter or terms make it impossible that it should have effect as modified in the manner provided by this sub-section, have effect as from the date of the assignment, as if—

      (a)   the Company had been a party to them;

      (b)   for any reference to the Government there was substituted, as respects anything falling to be done, on or after the commencement of this Part, a reference to the Company; and

      (c)   for any reference to an officer of the Government who is not a party to the deed, bond or agreement and beneficially interested in them there were substituted, as respects anything to be done on or after the commencement of this Part, a reference to such officer of the Company as the Company shall designate.

   (2) Subject to sub-section (1), documents other than those referred to in that sub-section which refer specifically or generally to the Government of the Republic of Zambia shall be construed in accordance with that sub-section as far as applicable.

[S 30 am by Act 16 of 1989.]

 

31.   Transfer of service of employees

   (1) Where any person who was in the service of the Government at designated airports or was performing functions referred to in section 26, immediately before the commencement of this Part, voluntarily transfers from that service to the service of the Company, his terms and condition of service with the Company shall be no less favourable than those he enjoyed while in the service of the Government and his previous service with the Government shall be treated as service under the Company for the purposes of determining his rights, to or eligibility for, pension, gratuity, leave or other benefits.

   (2) A person to whom sub-section (1) applies shall be deemed to have voluntarily transferred his services to the Company unless within three months from the commencement of this Part he gives notice in writing to the Government with a copy to the Company stating his intention not to transfer from the service of the Government.

[S 31 am by Act 16 of 1989.]

 

32.   Legal proceedings

   (1) Without prejudice to the other provisions of this Part, where any right, liability or obligation vests in the Company by virtue of the Part, the Company and all other persons shall, as from the commencement of this Part, have the same rights, powers and remedies (and in particular the same rights as to the instituting or defending of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing that right, liability or obligation as they would have had if it had at all times been a right, liability or obligation of the Company.

   (2) Any legal proceedings or application to any authority pending immediately before the commencement of this Part by or against the Government in relation to the assets and functions transferred to the Company may be continued by or against the Company.

   (3) After the commencement of this Part, proceedings in respect of any right or obligation which was vested in, held, enjoyed, incurred or suffered by the Government relating to the designated airports and functions transferred to the Company, may be instituted by, or against the Company.

[S 32 am by Act 16 of 1989.]

 

33.   Immunity of Company

No suit, prosecution or other legal proceeding shall lie against the Company or any member or any officer or any employee or any agent of the Company for anything which is in good faith done or intended to be done in pursuance of this Part or of any rule or regulation made thereunder or for damage sustained by any aircraft or vehicle or for loss of life or personal injury in consequence of any defect in any of the designated airports or other things belonging to or under the control of the Company except where such damage, loss, loss of life or injury or personal injury is caused by want of reasonable care, diligence or skill on the part of the Company or any member or any officer or any employee or any agent.

[S 33 am by Act 16 of 1989.]

 

34.   Regulations relating to designated airports and Company

   (1) The Minister may, after consultation with the Company, make regulations to provide for matters necessary to give effect to this Part.

   (2) Without prejudice to the generality of sub-section (1) such regulations may—

      (a)   provide for securing the safety of aircraft, vehicles and persons using designated airports and preventing danger to the public arising from the use and operation of aircraft in the designated airport;

      (b)   provide for preventing obstruction within designated airports for its normal functioning;

      (c)   prohibit the parking or waiting of any vehicle or carriage within a designated airport except at places specified by the Company;

      (d)   prohibit or restrict access to any part of designated airports; and

      (e)   provide for preserving order within the designated airports and preventing damage to property therein.

[S 34 am by Act 16 of 1989.]

 
 

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