The Civil Aviation (Amendment) Act, 2024

An Act to Amend the Civil Aviation Act, 2016. [ 16th August, 2024
ENACTED by the Parliament of Zambia. 1. This Act may be cited as the Civil Aviation (Amendment)
Act, 2024 and shall be read as one with the Civil Aviation Act,
2016, in this Act referred to as the principal Act. 2. Section 2(1) of the principal Act is amended by the
insertion of the following new definitions in the appropriate places
in alphabetical order:
“disposal facility” has the meaning assigned to the words
in the Solid Waste Regulation and Management Act,
2018;
“landfill” has the meaning assigned to the words in the
Solid Waste Regulation and Management Act, 2018;
“non on board recording” means an investigation recording,
other than a cockpit voice recording, airborne image
recording and transcripts from such recordings;
“wildlife” has the meaning assigned to the word in the
Zambia Wildlife Act, 2015; and
“Zambia Civil Aviation Requirements” means the
requirements prescribed in accordance with section 154. Civil Aviation (Amendment) [No. 11 of 2024 109
Enactment
Short title
Act No. 5 of
2016
Act No. 20 of
2018
Act No. 20 of
2018
Amendment of
section 2
Act No. 4 of
2015
GOVERNMENT OF ZAMBIA
ACT
No.

09
Enactment
Short title
Act No. 5 of
2016
Act No. 20 of
2018
Act No. 20 of
2018
Amendment of
section 2
Act No. 4 of
2015
GOVERNMENT OF ZAMBIA
ACT
No.

11 of 2024
Date of Assent: 16th August, 2024
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K16.00 each.

e of Assent: 16th August, 2024
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K16.00 each.

3. The principal Act is amended by the repeal of section 9
and the substitution therefor of the following:
9. (1) A place or building shall not be operated as a
public aerodrome if it is not licensed by the Authority and
the aerodrome operator is not certified by the Authority. (2) A person who contravenes subsection (1) commits
an offence and is liable, on conviction, to a fine not
exceeding seven hundred thousand penalty units or to
imprisonment for a term not exceeding seven years, or to
both. 4. (1) The principal Act is amended by the insertion of
the following new sections immediately after section 9:
9A. (1) A person who intends to operate an
aerodrome shall apply to the Director-General for a
certificate as an aerodrome operator in a manner and form
as specified under the Zambia Civil Aviation Requirements. (2) The Director-General shall, where the Authority
grants an application under subsection (1), issue a certificate
as an aerodrome operator and endorse requirements as
the Authority determines. (3) The Director-General shall, where the Authority
rejects an application under subsection (1), notify the
applicant, in writing, stating the reasons for the rejection.

neral shall, where the Authority
rejects an application under subsection (1), notify the
applicant, in writing, stating the reasons for the rejection.

(4) Despite subsection (1), the Director-General may
issue an interim certificate as an aerodrome operator for a
specified period to an applicant referred to under subsection
(1), where the Director-General is satisfied that the grant
of the interim certificate as an aerodrome operator is—
(a) in the public interest; and
(b) not detrimental to aviation safety. 9B. A person who intends to operate an aerodrome
shall apply for an aerodrome operating licence in accordance
with the Civil Aviation Authority Act, 2012. 110 No. 11 of 2024] Civil Aviation (Amendment)
Repeal and
replacement of
section 9
Prohibition of
using public
aerodrome
without
certification
and licence
Insertion of
sections 9A and
9B
Aerodrome
operating
licence
Act No. 7 of
2012
Application for
certification as
aerodrome
operator

fication
and licence
Insertion of
sections 9A and
9B
Aerodrome
operating
licence
Act No. 7 of
2012
Application for
certification as
aerodrome
operator

5. The principal Act is amended by the repeal of section 10
and the substitution therefor of the following:
10. An aerodrome shall, according to its purpose, be
classified as follows:
(a) an aerodrome for use by both domestic and
international air traffic;
(b) an aerodrome for use by domestic air traffic,
including an aircraft of maximum certificated
take-off mass above five thousand seven
hundred kilogrammes;
(c) an aerodrome for use by domestic air traffic of
maximum certificated take-off mass not
exceeding five thousand seven hundred
kilogrammes;
(d) an aerodrome for use by scheduled commercial
domestic air traffic of maximum certificated
take-off mass not exceeding five thousand
seven hundred kilogrammes; and
(e) an aerodrome for use by helicopters only. 6. Section 12 of the principal Act is amended—
(a) in subsection (1), by the deletion of the words
“prescribed ICAO Annex 14 requirements” and the
substitution therefor of the words “Zambia Civil
Aviation Requirements”; and
(b) in subsection (2), by the deletion of the words
“requirements of Annex 14” and the substitution
therefor of the words “Zambia Civil Aviation
Requirements”. 7.

ction (2), by the deletion of the words
“requirements of Annex 14” and the substitution
therefor of the words “Zambia Civil Aviation
Requirements”. 7.

Section 15 of the principal Act is amended by the—
(a) insertion of the following new subsection immediately
after subsection (1):
(2) An aerodrome operator shall not, without
consent from the Authority, construct a
structure beyond the limits of the obstacle
limitation surface that extends above a height
determined by the Authority.; and
(b) renumbering of subsection (2) as subsection (3). Civil Aviation (Amendment) [No. 11 of 2024 111
Repeal and
replacement of
section 10
Classification of
aerodrome
Amendment of
section 12
Amendment of
section 15

ation (Amendment) [No. 11 of 2024 111
Repeal and
replacement of
section 10
Classification of
aerodrome
Amendment of
section 12
Amendment of
section 15

8. The principal Act is amended by the insertion of the
following new section immediately after section 15:
15A. (1) An aerodrome operator shall—
(a) remove from the surface of an aerodrome any
vehicle or obstruction that is likely to be
hazardous to aircraft operations;
(b) not permit any structure in an aerodrome to exceed
the obstacle limitation surface except in the case
of a—
(i) frangible structure which, as a result of
its function, is located on the runway
strip;
(ii) structure which is shielded by another
object as provided under the Zambia
Civil Aviation Requirements; or
(iii) structure which, after aeronautical
study, is determined not to adversely
affect the safety and operations of
aircrafts at the aerodrome.

ts; or
(iii) structure which, after aeronautical
study, is determined not to adversely
affect the safety and operations of
aircrafts at the aerodrome.

(2) An aerodrome operator shall—
(a) take measures to minimise the likelihood of
collisions between wildlife and aircraft at the
aerodrome;
(b) keep and maintain a record of wildlife strikes and
hazards at or around the vicinity of an
aerodrome;
(c) report to the Authority any wildlife strikes and
hazards to aircraft at or around the vicinity of
an aerodrome;
(d) conduct an evaluation, in consultation with the
ministry responsible for wildlife, of hazards
caused by wildlife to aircraft operations at or
around the vicinity of an aerodrome; and
(e) eliminate any source that may attract wildlife to
or around the vicinity of an aerodrome or, where
it is not reasonably practicable to do so, ensure
that every hazard to aircraft operations at the
aerodrome, created by that source, is assessed
and reduced to as low as reasonably practicable. 112 No. 11 of 2024] Civil Aviation (Amendment)
Insertion of
section 15A
Safety
requirements at
aerodrome

reduced to as low as reasonably practicable. 112 No. 11 of 2024] Civil Aviation (Amendment)
Insertion of
section 15A
Safety
requirements at
aerodrome

(3) Subsection (2) (e) shall not apply where a source
that might attract wildlife to or around the vicinity of an
aerodrome is evaluated by the ministry responsible for
wildlife, through a wildlife assessment, as unlikely to create
any conditions that might be a hazard to aircraft operations. (4) An aerodrome operator shall, in consultation with
appropriate authorities, take appropriate measures to
eliminate or prevent the establishment of a refuse collection
site, disposal facility or landfill which may attract wildlife
to an aerodrome, or its vicinity, except where the ministry
responsible for wildlife conducts an evaluation and indicates
that the refuse collection site, disposal facility or landfill is
unlikely to create a condition that might be a hazard to
aircraft operations. (5) An aerodrome operator shall, in consultation with
the Authority, give due consideration to aviation safety
concerns related to land developments in the vicinity of
the aerodrome that may attract wildlife.

Authority, give due consideration to aviation safety
concerns related to land developments in the vicinity of
the aerodrome that may attract wildlife.

(6) A person who does not comply with subsections
(1) and (2) commits an offence and is liable, on conviction,
to a fine not exceeding three million penalty units, and one
hundred thousand penalty units for each day that the
offence continues. 9. Section 51 of the principal Act is amended by the deletion
of—
(a) paragraphs (b) and (c) and the substitution therefor of
the following:
(b) independently investigating civil aircraft
accidents and serious aircraft incidents;
(c) discharging all functions and obligations relating
to civil aircraft accidents and serious aircraft
incidents; and
(b) paragraph (j) and the substitution therefor of the
following:
(j) submitting a final report to all recipient States
as prescribed;. Civil Aviation (Amendment) [No. 11 of 2024 113
Amendment of
section 51

ollowing:
(j) submitting a final report to all recipient States
as prescribed;. Civil Aviation (Amendment) [No. 11 of 2024 113
Amendment of
section 51

10.

10.

Section 52 of the principal Act is amended—
(a) in subsection (1)—
(i) by the deletion of paragraph (b) and the
substitution therefor of the following:
(b) delegate the investigation of any civil
aircraft accident or serious aircraft
incident to any other Contracting State;;
(ii) by the deletion of paragraphs (d) and (e) and
the substitution therefor of the following:
(d) re open any investigation;
(e) establish a civil aircraft accident and
serious aircraft incident reporting
system to facilitate the collection of
information on actual or potential safety
deficiencies;;
(iii) by the insertion of the following new
paragraphs immediately after paragraph (f):
(g) exercise unrestricted access to and
control over information related to its
investigations;
(h) exercise unhampered access to and
control over the scene of an accident
in order to protect any aircraft or
wreckage as well as the accident site
against access by unauthorised
persons, pilfering or deterioration, or for
any other reason that the Aircraft
Accident Investigation Board considers
necessary;
(i) exercise unhampered access to and
control over all relevant materials or
evidence including flight recorders and
air traffic services records;
(j)carry out detailed examination of
relevant material or evidence arising
from a civil aircraft accident or serious
aircraft incident without delay; and
114 No.

t detailed examination of
relevant material or evidence arising
from a civil aircraft accident or serious
aircraft incident without delay; and
114 No.

11 of 2024] Civil Aviation (Amendment)
Amendment of
section 52

11 of 2024] Civil Aviation (Amendment)
Amendment of
section 52

(iv) by the renumbering of paragraph (g) as
paragraph (k); and
(b) in subsection (3), by the deletion of the words “in
compliance with Annex 13”. 11. Section 54 of the principal Act is amended by the deletion
of subsection (2) and the substitution therefor of the following:
(2) The Director of Investigations shall, under the
directions of the Aircraft Accident Investigation Board —
(a) be responsible for the management of, and
administrative control over, the affairs of the
Aircraft Accident Investigation Board; and
(b) have authority to institute civil aircraft accident
and serious aircraft incident investigations. 12. The principal Act is amended by the repeal of section
60 and the substitution therefor of the following:
60.

ous aircraft incident investigations. 12. The principal Act is amended by the repeal of section
60 and the substitution therefor of the following:
60.

Despite section 59, the Aircraft Accident
Investigation Board—
(a) may use an on board recording or non-on-board
recording obtained under this Act as it considers
necessary in the interests of civil aviation safety;
and
(b) shall not knowingly communicate or consent to
an on-board recording or a non-on-board
recording to be communicated to any person
who is not connected to the causes or
contributing factors of a civil aircraft accident
or serious aircraft incident under investigation
or to the identification of accident deficiencies. 13. Section 127 of the principal Act is amended—
(a) in subsection (1), by the deletion of the words “for the
purposes specified under subsection (2) of section
nineteen of the Civil Aviation Authority Act, 2012";
and
(b) in subsection (2), by the deletion of the words” The
Director-General is authorised” and the substitution
therefor of the words “The Director-General or any
other authorised person shall have authority”. Civil Aviation (Amendment) [No. 11 of 2024 115
Amendment of
section 54
Repeal and
replacement of
section 60
Use of on-board
and non-on
board recording
by Aircraft
Accident
Investigation
Board
Amendment of
section 127

n 54
Repeal and
replacement of
section 60
Use of on-board
and non-on
board recording
by Aircraft
Accident
Investigation
Board
Amendment of
section 127

14. Section 149 of the principal Act is amended—
(a) in subsection (2), by the insertion of the word “bis”
immediately after the word “Article 3”; and
(b) by the insertion of the following new subsection
immediately after subsection (3):
(4) A civil aircraft registered in Zambia or
operated by a Zambian air operator shall comply
with an interception order within Zambia or from
another State. 15. The principal Act is amended by the repeal of section
154 and the substitution therefor of the following:
154. The Director-General shall prescribe the Zambia
Civil Aviation Requirements for the better carrying out of
the Chicago Convention and the provisions of this Act. 16. The principal Act is amended by the repeal of section
163 and the substitution therefor of the following:
163. A civil aircraft engaged in air traffic operations
shall—
(a) carry on board during a flight, permits, licences,
books and other documents as determined by
the Authority; and
(b) maintain and keep a journey log book in a manner
and form determined by the Authority, in which
shall be entered particulars of the aircraft, its
crew and each journey. 116 No.

y log book in a manner
and form determined by the Authority, in which
shall be entered particulars of the aircraft, its
crew and each journey. 116 No.

11 of 2024] Civil Aviation (Amendment)
Amendment of
section 149
Repeal and
replacement of
section 154
Documents to
be carried on
board civil
aircraft
Zambia Civil
Aviation
Requirements
Repeal and
replacement of
section 163