Laws of Zambia Active 2012The Civil Aviation Authority Act 2012
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Civil Aviation Authority [No. 7 of 2012 111
THE CIVIL AVIATION AUTHORITY ACT, 2012
ARRANGEMENT OF SECTIONS
Section
PART I
PRELIMINARY
1. Short title
2. Interpretation
PART II
THE CIVIL AVIATION AUTHORITY
Short title
2. Interpretation
PART II
THE CIVIL AVIATION AUTHORITY
3. Establishment of Civil Aviation Authority
4. Functions of Authority
5. Constitution of Board
6. Functions of Board
7. Committees of Board
8. Delegation of functions by Board
9. Directions to Board
10. Director-General
11. Functions of Director-General
12. General powers and duties of Director-General
13. Public compliance
14. Exemptions
15. Assignment, delegation or instruction by Director-General
16. Ministerial directives
17. Secretary and other staff of Authority
18. Directorate and units
PART III
Regulation of Civil Aviation Security
19. National civil aviation security policy, strategy and national programmes
20. Security surveys
21. National Civil Aviation Security Committee
22. Aerodrome operator security programme
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ivil Aviation Security Committee
22. Aerodrome operator security programme
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23. Aircraft operator security programme
24. Regulated agent security programme
25. Catering operator security programme
26. Ground handling operator security programme
27. Carriage of firearms, explosives or inflammable materials in aerodrome
28. Control of access by tenants
29. Obligation of aerodrome operator in case of threat against facility or
aerodrome
30. Aerodrome operator to take measures in event of threat
31. Operators to keep records
32. Commercial air transport security
33. Passenger screening
PART IV
REGULATION OF CIVIL AVIATION SAFETY
34. National safety programme and safety management
35. General safety powers and functions
36. Rules of air
37. Air navigation facilities
38. Airspace control
39. Air navigation facility safety standards
40. Duty of operators and airmen
41. Authority to inspect
42. Approved training and approved maintenance organisations
43. Investigation of incidents and accidents
44. Transportation of dangerous goods by air
PART V
REGISTRATION, NATIONALITY AND OWNERSHIP OF AIRCRAFT
ation of dangerous goods by air
PART V
REGISTRATION, NATIONALITY AND OWNERSHIP OF AIRCRAFT
45. Aircraft registration
46. Recordation of interests in aircraft
47. Deregistration of aircraft
48. Marks on aircraft
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Civil Aviation Authority [No. 7 of 2012 113
PART VI
CERTIFICATES, PERMITS, LICENCES AND AUTHORISATIONS
49. Certification, licensing and inspection
50. Personnel licensing
51. Certificate of airworthiness
52. Air operator certificate
53. Commercial air transport permit
54. Permit to foreign air operator
55. Aerodrome operating licence
56. Form of application
57. Amendment, modification, suspension and revocation of
certificates, licences and permits
58. Liability insurance
59. Continuing requirement for permit to operate commercial air
transport
60. Validation of actions of another State
61. Prohibitions relating to certification or licensing
PART VII
ENFORCEMENT AND PROCEDURAL PROVISIONS
62. Power to access and inspect aerodromes, aircraft and
operator’s premises
63. Monitoring regulatory compliance
64. Compliance notices
65. Authority to prevent flight
66. Detention of aircraft and closing of facility by authorised officer
egulatory compliance
64. Compliance notices
65. Authority to prevent flight
66. Detention of aircraft and closing of facility by authorised officer
67. Prohibition from exercising certain privileges of any certificate,
permit, licence or authorisation
68. Complaints to, and investigations by, Director-General
69. Designation of agent for service
70. Appeal against decisions of authorised officer or authorised
person
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114 [No. 7 of 2012 Civil Aviation Authority
71. Appeals Tribunal
72. Filing of appeals to Appeals Tribunal
73. General administrative fine
74. Administrative fine for transportation of dangerous goods
75. General offences and penalties
PART VIII
GENERAL PROVISIONS
ive fine for transportation of dangerous goods
75. General offences and penalties
PART VIII
GENERAL PROVISIONS
76. International obligations
77. Air traffic services regulatory oversight and management
78. Search and rescue
79. Aeronautical information services
80. Aeronautical charts
81. Regulatory oversight of communications, navigation and
surveillance technical services
82. Regulatory oversight of unit of measures
83. Regulatory oversight of meteorological services
84. Zoning and land use control in vicinity of aerodrome
85. Trespassing, nuisance and liability for damage
86. Customs, immigration, health and other facilitation services
87. Training schools
88. Use of licenced aerodromes
89. Air regulations
90. Safety standards, requirements and regulations
91. Security regulations
92. General regulations
93. Rules
94. Savings and transitional provisions
FIRST SCHEDULE
SECOND SCHEDULE
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Civil Aviation Authority [No. 7 of 2012 115
GOVERNMENT OF ZAMBIA
ACT
No. 7 of 2012
Date of Assent: 8th August, 2012
[No. 7 of 2012 115
GOVERNMENT OF ZAMBIA
ACT
No. 7 of 2012
Date of Assent: 8th August, 2012
An Act to establish the Civil Aviation Authority and provide
for its powers and functions; provide for the regulation
and promotion of civil aviation; ensure civil aviation safety
and security; and provide for matters connected with, or
incidental to, the foregoing.
[9th August, 2012
ENACTED by the Parliament of Zambia. Enactment
PART I
PRELIMINARY
1. This Act may be cited as the Civil Aviation Authority Act, 2012. Short title
2. (1) In this Act, unless the context otherwise requires— Interpretation
“ aerial piracy ” means any actual or attempted seizure or
exercise of control, by force or violence or by any other
form of intimidation, with wrongful intent, of an aircraft
within the jurisdiction of Zambia;
“ aerial work ” means an aircraft operation in which an aircraft
is used for specialised services such as agriculture,
construction, photography, surveying, observation and patrol,
search and rescue or aerial advertisement;
services such as agriculture,
construction, photography, surveying, observation and patrol,
search and rescue or aerial advertisement;
“ aerodrome ” means an airport or airfield or a similar facility
or a defined area on land or water, including any buildings,
installations and equipment intended to be used either
wholly or in part for the arrival, departure and surface
movement of aircraft;
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“ aircraft ” means any machine that can derive support in the
atmosphere from the reactions of the air other than the
reactions of the air against the earth’s surface, and excludes
State or public aircraft;
“aircraft accident” means an occurrence associated with the
operation of an aircraft which takes place between the
time any person boards the aircraft with the intention of
flight until the time of disembarking the flight in which—
(a) a person is fatally or seriously injured as a result of
being in the aircraft, or in direct contact with any
part of the aircraft including parts which could have
become detached from the aircraft;
(b) there is a direct jet blast;
t with any
part of the aircraft including parts which could have
become detached from the aircraft;
(b) there is a direct jet blast;
(c) an aircraft sustains damage or structural failure which
adversely affects the structural strength,
performance or flight characteristics of the aircraft
and would normally require major repair or
replacement of the affected component; or
(d) the aircraft is missing or is completely inaccessible;
“ aircraft engine ” means any engine used, or intended to be
used, for the propulsion of an aircraft and includes all parts,
appurtenances and accessories of the engine, other than
propellers;
“ aircraft incident ” means an occurrence, other than an
accident, associated with the operation of an aircraft which
affects or could affect safety of operation;
“ aircrew ” means a person assigned to perform any duty on
an aircraft in flight;
“ aviator ” means an individual—
(a) who engages, as the person in command or as pilot,
engineer, mechanic or other member of the crew,
or who navigates an aircraft while the aircraft is
underway;
(b) in charge of the inspection, maintenance, overhauling
or repair of aircraft, aircraft engines, propellers or
appliances; or
way;
(b) in charge of the inspection, maintenance, overhauling
or repair of aircraft, aircraft engines, propellers or
appliances; or
(c) who serves in the capacity of flight operations officer;
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(c) who serves in the capacity of flight operations officer;
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(c) who serves in the capacity of flight operations officer;
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(c) who serves in the capacity of flight operations officer;
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" air navigation facility " means any facility used in, available
for use in, or designed for use in aid of air navigation,
aerodromes, landing areas, lights, any apparatus or
equipment for disseminating weather information, signalling,
radio directional finding or for radio or other electro-
magnetic communication, and any other structure or
mechanism having a similar purpose for guiding or
controlling flight in the air or the landing and takeoff of
aircraft;
" air operator " means any person who undertakes to engage
in domestic commercial air transport or international
commercial air transport, whether directly or indirectly or
by a lease or any other arrangement;
" air operator certificate " means a certificate authorising an
operator to carry out specified commercial air transport
operations and attesting to the fact that the operator is
properly and adequately equipped for safe operations in
commercial air transport and maintenance of aircraft;
" air traffic management " means dynamic, integrated
management of air traffic and airspace, including air traffic
services, airspace management and air traffic flow
management;
" air traffic service " means a service provided for the purpose
of safe and efficient conduct of flight, expeditious and
orderly flow of air traffic, assisting in aircraft search and
rescue and includes—
f safe and efficient conduct of flight, expeditious and
orderly flow of air traffic, assisting in aircraft search and
rescue and includes—
(a) an aerodrome control service;
(b) an approach control service;
(c) an area control service;
(d) an approach radar control service;
(e) a flight information service;
(f) an aerodrome flight information service;
(g) an area radar control service;
(h) an advisory service; and
(i) an alerting service;
"Annex" means the standards and recommended practices
referred to in articles 37, 54 (I) and 90 (a) of the Convention,
and the amendments thereto, to the extent that the Council
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the Convention,
and the amendments thereto, to the extent that the Council
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(a) an aerodrome control service;
(b) an approach control service;
(c) an area control service;
(d) an approach radar control service;
(e) a flight information service;
(f) an aerodrome flight information service;
(g) an area radar control service;
(h) an advisory service; and
(i) an alerting service;
"Annex" means the standards and recommended practices
referred to in articles 37, 54 (I) and 90 (a) of the Convention,
and the amendments thereto, to the extent that the Council
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the Convention,
and the amendments thereto, to the extent that the Council
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of International Civil Aviation Organisation has declared
an Annex or amendment thereto to be in force pursuant to
Article 90 (b) of the Convention, and to the extent that
such Annex or amendment is in effect in Zambia;
“ Appeals Tribunal ” means the Tribunal established under
section seventy-one;
“ appliances ” means instruments, equipment, apparatus, parts,
appurtenances or accessories, of whatever description,
which are used, or are capable of being or intended to be
used, in the navigation, operation or control of aircraft in
flight including parachute, communication equipment and
any other mechanism installed in, or attached to, aircraft
during flight, and which are not part of aircraft, aircraft
engines or propellers;
“ authorised officer ” means an employee authorised to
perform certain functions of the Authority or to whom
functions have been delegated under this Act;
“authorised person” means—
(a) any employee of the Authority;
(b) any person appointed in writing by the management
of an aerodrome, with the approval of the Director-
General or any person authorised by the Director-
General to furnish such approval;
(c) any member of the Zambia Defence Force and other
security wings;
(d) any person authorised, in writing, by the Director-
General; or
(e) any other person appointed, in writing, by the Minister,
for the purposes of this Act;
“ Authority ” means the Civil Aviation Authority established
under section three;
“ aviation facility ” means premises for the handling of
passengers, cargo, post or baggage, an aircraft hangar, a
fuel storage area and any other premises, structure or place
to which the public have no right of access and in which a
service is rendered for the operation of a designated
aerodrome or aircraft or for the public at an aerodrome or
heliport, whether such building, structure or premises is
situated within the boundaries of the aerodrome or heliport
or not;
ublic at an aerodrome or
heliport, whether such building, structure or premises is
situated within the boundaries of the aerodrome or heliport
or not;
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" Board " means the Board of the Authority constituted under
section five;
" Chairperson " means the person appointed Chairperson of
the Board under section five;
" Chicago Convention " means the Convention on International
Civil Aviation, opened up for signature at Chicago on 7
December, 1944, including all amendments thereto, to the
extent that ICAO has declared such amendments to be in
force pursuant to article 90 (a) of the Convention and the
amendments are in force in Zambia;
" citizen " means—
(a) an individual who is a Zambian citizen;
(b) a partnership of which each member is a Zambian
citizen; or
(c) a citizen-owned company, a citizen- empowered
company, citizen- influenced company, as defined
in the Citizens Economic Empowerment Act, 2006;
Act No. 9
of 2006
" civil aircraft " means any aircraft other than a State or
public aircraft;
of 2006
" civil aircraft " means any aircraft other than a State or
public aircraft;
" civil aviation " means the operation of any civil aircraft for
the purpose of general aviation operations, aerial work or
commercial air transport operations;
" commercial air transport operation " means an aircraft
operation involving the transportation of passengers, cargo
or mail for remuneration or hire;
" committee " means a committee of the Board established
under section seven;
" Convention " means the Chicago Convention;
" crew member " means a person assigned to perform duties
on an aircraft in flight;
" dangerous goods " means articles or substances which are
capable of posing significant risks to health, safety or
property when transported by air;
" Department " means the Department of Civil Aviation in
the Ministry responsible for aviation that was responsible
for civil aviation matters before the commencement of this
Act;
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" Director " means the person appointed Director in the
Department before the commencement of this Act;
of 2012 Civil Aviation Authority
" Director " means the person appointed Director in the
Department before the commencement of this Act;
" Director-General " means the person appointed chief
executive officer of the Authority under section ten;
" foreign air operator " means any operator, not being a Zambian
air operator, which undertakes, whether directly or indirectly
or by lease or any other arrangement, to engage in
commercial air transport operations within the borders or
airspace of Zambia, whether on a scheduled or non-
scheduled basis;
" general aviation operation " means an aircraft operation of a
civil aircraft other than a commercial air transport operation
or aerial work operation;
" ICAO " means International Civil Aviation Organisation;
" international commercial air transport " means the carriage
by aircraft of persons or property for remuneration or hire,
or the carriage of mail between any two or more countries;
" member " means a member of the Board;
" navigable airspace " means the airspace above the prescribed
minimum altitudes of flight, and includes airspace needed to
ensure safety in the takeoff and landing of aircraft;
" navigation of aircraft " includes the piloting of aircraft;
and includes airspace needed to
ensure safety in the takeoff and landing of aircraft;
" navigation of aircraft " includes the piloting of aircraft;
" operator " means a person, organisation or enterprise engaged
in, or offering to engage in, an aircraft operation, and includes
any person who causes or authorises the operation of aircraft
in the capacity of owner, lessee or otherwise, whether with
or without control of the aircraft;
Cap. 446
" permit " has the meaning assigned to it in the Air Services
Act;
" person " means an individual, firm, partnership, corporation,
company, association, joint stock association or political body,
and any trustee, receiver, assignee or other similar
representative of these entities;
" premises " includes any aerodrome, hangar, approved
maintenance organisation, workshop, ramp, fuel storage,
operator’s office, cargo handling area, catering facility, aircraft
store, vehicle and aviation training organisation;
“ propeller ” includes parts, appurtenances and accessories of
a propeller;
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organisation;
“ propeller ” includes parts, appurtenances and accessories of
a propeller;
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" public aircraft " means an aircraft used exclusively in the
service of any government or political jurisdiction of the
government, including the Government of Zambia, but does
not include any government-owned aircraft engaged in
operations which meet the definition of commercial air
transport operations;
" public interest " means the public convenience and necessity
of Zambian civil aviation;
" registered owner " in relation to an aircraft means the person
in whose name the aircraft is registered;
" serious aircraft incident " means an incident involving
circumstances indicating that an accident nearly occurred;
" spare parts " means any part, appurtenances and
accessories of aircraft, other than aircraft engines
propellers, and appliances, maintained for installation or
use in an aircraft, aircraft engine, propeller or appliance,
but which at the time are not installed in them or attached
to them;
" special aircraft jurisdiction of Zambia " includes—
(a) civil aircraft of Zambia; and
e are not installed in them or attached
to them;
" special aircraft jurisdiction of Zambia " includes—
(a) civil aircraft of Zambia; and
(b) any other aircraft within the State, while the aircraft
is in flight, which is from the moment when all
external doors are closed following embarkation
until the moment when one door is opened for
disembarkation or, in case of a forced landing, until
the competent authorities take over the
responsibility of the aircraft and the persons and
property aboard;
" standard " means a technical standard published under the
authority of the Director-General that specifies the technical
requirements, data, information or guidance relating to an
acceptable means of compliance with such standard;
" State " means the land and water territory of Zambia, and
includes the airspace above such territory;
of compliance with such standard;
" State " means the land and water territory of Zambia, and
includes the airspace above such territory;
" tenant " means an individual or organisation granted a licence,
permit or other authorisation by an aerodrome operator to
conduct business operations at the aerodrome, including a
concessionaire, cargo handler, caterer, tour operator, taxi
and bus operator, porter, aircraft maintenance organisation,
fuel company and Government authority and agency at
the aerodrome;
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“validation” means the written acceptance of an action of
the civil aviation authority of another country in lieu of an
action that this Act assigns to the Director-General; and
“Vice-Chairperson” means the person appointed Vice-
Chairperson of the Board under section five.
(2) Notwithstanding subsection (1), where the technical words
defined in that subsection are words specified in the Annexes and
which no longer meet the definitions as specified in the Annexes,
`the Minister shall, by statutory instrument, re-define the technical
words in accordance with such Annexes.
PART II
THE CIVIL AVIATION AUTHORITY
re-define the technical
words in accordance with such Annexes.
PART II
THE CIVIL AVIATION AUTHORITY
Establishment 3. (1) There is hereby established the Civil Aviation Authority,
of which shall be a body corporate with perpetual succession and a
Civil Aviation common seal capable of suing and of being sued in its corporate
Authority name and with power, subject to this Act, to do all such acts and
things as a body corporate may, by law, do or perform.
(2) The First Schedule applies in respect of the Authority and
the Board.
Functions 4. (1) The functions of the Authority are to—
of
Authority (a) control and regulate civil aviation;
(b) oversee the implementation of, and ensure compliance
with, any national strategies and programmes relating
to the safety and security of civil aviation;
with, any national strategies and programmes relating
to the safety and security of civil aviation;
(c) oversee the functioning and development of air transport
and the civil aviation industry in an environmentally
friendly and competitive manner;
(d) develop, and recommend to the Minister, any regulations
that are required to be issued under this Act;
(e) perform the regulatory and oversight functions relating to
civil aviation as provided in the Convention, subject to
the Constitution and Zambia’s State obligations; and
(f) monitor and ensure compliance with this Act and the
Convention.
(2) The Authority shall promote and regulate civil aviation safety
and security in Zambia by—
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regulate civil aviation safety
and security in Zambia by—
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Civil Aviation Authority [No. 7 of 2012 123
(c) oversee the functioning and development of air transport
and the civil aviation industry in an environmentally
friendly and competitive manner;
(d) develop, and recommend to the Minister, any regulations
that are required to be issued under this Act;
(e) perform the regulatory and oversight functions relating to
civil aviation as provided in the Convention, subject to
the Constitution and Zambia’s State obligations; and
(f) monitor and ensure compliance with this Act and the
Convention.
(2) The Authority shall promote and regulate civil aviation safety
and security in Zambia by—
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regulate civil aviation safety
and security in Zambia by—
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(a) developing and promoting appropriate, clear and concise
regulatory requirements and technical aviation safety
and security standards;
(b) developing effective enforcement strategies and
programmes to ensure compliance with aviation safety
and security standards;
(c) issuing certificates, licences, permits, registrations and
authorisations as provided under this Act;
(d) conducting comprehensive aviation industry surveillance,
including assessment of security and safety-related
decisions taken by any management of the aviation
industry, at all levels, in order to determine their impact
on aviation safety and security;
(e) overseeing and regulating flight inspection of navigational
aids to aviation;
(f) conducting regular reviews of the civil aviation safety and
security system in order to—
(i) monitor the safety performance of the civil aviation
industry;
(ii) identify safety and security-related trends and risk
factors; and
(iii) promote the improvement of the safety and
security system;
(g) conducting regular and timely assessments of safety and
security developments;
(h) formulating regulations to be prescribed and developing
standards for the industry, through a consultative process
with the civil aviation industry operators;
(i) reviewing and ensuring the adequacy of aviation security
programs and associated documentation produced by
aerodrome operators, air service operators, catering
operators, regulated agents, ground handlers and cargo
operators;
(j) regulating the security operations of aerodrome operators,
aircraft, regulated agents, ground handlers and catering
operators, as the case may be, for the purpose of—
operations of aerodrome operators,
aircraft, regulated agents, ground handlers and catering
operators, as the case may be, for the purpose of—
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(i) protecting passengers, crew members, users of
aerodromes, aerodromes staff, aerodrome and
other aviation facilities;
(ii) preventing acts of aerial piracy and any other
unlawful interference against civil aviation; and
(iii) ensuring that appropriate action is taken when an
act of aerial piracy or any unlawful interference
occurs or is likely to occur;
(k) making and issuing orders, notices, circulars and directives
specifying any aviation safety or security matter provided
for under this Act;
(1) coordinating activities, under any national programme
relating to the safety and security of civil aviation,
amongst ministries, departments, agencies and other
organisations responsible for various aspects of aviation
security;
(m) enhancing aviation security by the development and
dissemination of progressive administrative and technical
practices, promoting their use by security services,
aerodrome administrations, air service operators,
regulated agents, catering operators and ground
handlers;
(n) formulating a national aviation disaster plan;
(o) encouraging a greater acceptance by the civil aviation
industry of its obligation to maintain high standards of
aviation safety and security, through—
(i) developing comprehensive safety and security
education and training programs;
(ii) accurate and timely aviation safety and security
advice; and
(iii) fostering an awareness in industry management,
and within the community generally, of the
importance of aviation safety and security and
compliance with relevant legislation; and
(p) promoting communication with all interested parties on
aviation safety and security issues.
iance with relevant legislation; and
(p) promoting communication with all interested parties on
aviation safety and security issues.
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(3) The Authority shall—
(a) advise the Minister on matters associated with any action
or condition in the aviation sector or impacting on the
aviation sector which—
(i) is capable of causing any actual or potential threat,
harm or damage to persons or property;
(ii) the Minister refers to the Authority; and
(iii) the Authority considers necessary in the
furtherance of its functions;
(b) for purposes of this Act, be the national competent authority
in connection with air transport;
(c) recommend to the Minister the introduction of, or
amendment to, legislation relating to civil aviation;
(c) recommend to the Minister the introduction of, or
amendment to, legislation relating to civil aviation;
(d) make recommendations to the Minister in respect of the
conclusion of any civil aviation international agreement
with other States, governments or international
organisations;
(e) perform any other functions conferred on it by, or under,
any other law;
(f) execute any order, directive or guideline issued under this
Act;
(g) ensure the implementation of any international agreement
related to aviation as the Minister may assign;
(h) coordinate and oversee search and rescue activities within
Zambia;
(i) collaborate with local and International agencies,
organisations and States which are party to search and
rescue agreements;
organisations and States which are party to search and
rescue agreements;
(j) investigate aircraft incidents and accidents as specified
under this Act; and
(k) perform its functions in the most cost efficient and cost
effective manner.
(4) The Authority may perform any of its functions outside
Zambia when it is necessary or expedient to do so in order to
effectively carry out its functions.
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ient to do so in order to
effectively carry out its functions.
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(j) investigate aircraft incidents and accidents as specified
under this Act; and
(k) perform its functions in the most cost efficient and cost
effective manner.
(4) The Authority may perform any of its functions outside
Zambia when it is necessary or expedient to do so in order to
effectively carry out its functions.
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effectively carry out its functions.
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(1) There is hereby constituted a Board for the Authority
of which shall consist of the following part-time members appointed
Board by the Minister:
(a) the Chairperson, who shall be a person with experience
in the regulatory and oversight functions of the Authority;
(b) a representative of the Ministry responsible for civil
aviation;
(c) two representatives of the civil aviation industry, as follows:
(i) one person with expertise in financial matters; and
(ii) one person with expertise in technical aviation
matters;
(d) a representative of the air force and army component of
the Defence force and security wings; and
(e) a representative of the Attorney-General.
the Defence force and security wings; and
(e) a representative of the Attorney-General.
(2) A person shall not be appointed as a member of the Board
if that person—
(a) is not a citizen;
(b) is an undischarged bankrupt;
(c) has been convicted of an offence involving fraud or
dishonesty; or
(d) has been convicted of an offence under this Act or any
other written law and sentenced to a term of
imprisonment exceeding six months without the option
of a fine.
imprisonment exceeding six months without the option
of a fine.
(3) The office of a member shall be vacant if the member—
(a) dies;
(b) is an undischarged bankrupt;
(c) is absent from three consecutive meetings of the Board
without the prior approval of the Board;
(d) resigns or is removed from office by the Minister in the
interests of public health, public safety or efficient
administration of the Board;
(e) becomes mentally or physically incapable of performing
the duties of a member; or
(f) is convicted of an offence as stipulated under subsection
(2). 2
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(4) The Vice-Chairperson shall be elected by the members
from amongst themselves.
. 2
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(4) The Vice-Chairperson shall be elected by the members
from amongst themselves.
(5) Where any member, except the Chairperson or the Vice-
Chairperson or a person appointed under paragraph (c) of subsection
(1), is unable to attend any meeting of the Board, the member may,
in writing, nominate another person from the same institution to
attend that meeting and that person shall be deemed to be a member
for purposes of that meeting.
6. (1) The Board shall carry out the following functions:
Functions of (a) oversee the corporate governance of the Authority in order
Board to ensure the effective implementation of this Act;
(b) provide strategic direction to the Authority in order to
ensure corporate governance and attainment of its
functions under this Act;
(c) approve the budget estimates of the Authority;
(d) approve the business plans of the Authority; and
(e) monitor service standards and customer satisfaction levels
and report to the Minister on any matter concerning
such issues.
ndards and customer satisfaction levels
and report to the Minister on any matter concerning
such issues.
(2) In the execution of its functions under subsection (1), the
Board shall not compromise or obstruct the execution of the security,
safety, regulatory and oversight functions of the Authority as
provided under this Act.
7. (1) The Board may, for the purposes of performing its
Committees functions under this Act, establish such committees as it considers
of Board necessary and delegate to any of those committees any of the
functions of the Board.
(2) The Board may appoint, as members of a committee,
persons who are or are not members of the Board, except that at
least one member of the Board shall be a member of a committee.
(3) A person serving as a member of a committee shall hold
office for such period as the Board may determine.
(4) Subject to any specific or general direction of the Board, a
committee may regulate its own procedure.
as the Board may determine.
(4) Subject to any specific or general direction of the Board, a
committee may regulate its own procedure.
8. The Board may, subject to any conditions imposed and.
Delegation guidelines issued by the Board, delegate any of its functions to the
of Chairperson, Vice-Chairperson, Director-General or any other
functions by
Board member.
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128 [No. 7 of 2012 Civil Aviation Authority
Directions to 9. The Minister may give to the Board general or specific
Board directions relating to the discharge of its functions which are not
inconsistent with the provisions of this Act and the Board shall
give effect to the directions.
Director- 10. (1) The Board shall appoint, on such terms and conditions
General as the Board may determine, a Director- General who shall be the
chief executive officer of the Authority.
General as the Board may determine, a Director- General who shall be the
chief executive officer of the Authority.
(2) Notwithstanding subsection (1), the Director- General shall
be appointed with regard to—
(a) significant management or similar technical experience
in a field directly related to aviation; and
(b) that person not having any monetary interest in, or owning
any stocks or bonds of, any aeronautical enterprise.
Functions of 11. (1) The Director-General shall be responsible for the
Director- carrying out of the functions of the Authority as specified under
General section four and the specific and general functions vested in the
Director-General under this Act.
er
General section four and the specific and general functions vested in the
Director-General under this Act.
(2) Subject to this Act and without prejudice to the generality
of subsection (1), the Director-General shall be responsible for
the—
(a) management and administration of the affairs of the
Authority;
(b) implementation of the decisions of the Board; and
(c) any other administrative or corporate function assigned
to the Director-General by the Board or by, or under,
this Act.
(3) Subject to Zambia’s State obligations under the Convention
and the Constitution, the Director-General shall exercise, on behalf
of the Authority, all the regulatory and oversight powers and
perform the regulatory and oversight functions relating to civil
Cap. 1 aviation specified under the Convention and any other law.
perform the regulatory and oversight functions relating to civil
Cap. 1 aviation specified under the Convention and any other law.
(4) The Director-General may, in the prescribed manner, issue
any certificate, permit, licence, registration or authorisation required
under this Act.
(5) In the exercise of the powers and performance of the
functions referred to in this Act, the Director-General shall be
accountable—
(a) solely and directly to the Minister in respect of issues
relating to civil aviation security, safety and regulatory
oversight; and
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Civil Aviation Authority [No. 7 of 2012 129
(b) to the Board in respect of administrative and governance issues.
(6) In the exercise and performance of the powers and functions assigned under this Act, the Director-General shall consider the following, among other things, as being in the public interest:
(a) the promotion, encouragement and development of safety in civil aviation; and
(b) the regulation of civil aviation in such a manner as to best promote its safety and security.
nt and development of safety in civil aviation; and
(b) the regulation of civil aviation in such a manner as to best promote its safety and security.
(7) In the performance of the Director-General’s functions and exercise of the Director-General’s powers, the Director-General shall, where appropriate, consult with the Government, commercial, industrial, consumer and other relevant bodies and organisations.
(8) The Director-General shall establish whatever consultative mechanisms the Director-General considers necessary for effective consultation as specified under subsection (7).
12. (1) The Director-General shall have the power to perform such acts, conduct such investigations, issue and amend such orders, notices and circulars, and make and amend such general or special directives, requirements and procedures pursuant to, and in accordance with, this Act as the Director-General shall consider necessary to carry out the provisions of, and exercise and perform the powers and functions assigned under, this Act.
(2) The Director-General shall provide for the publication of all reports, orders, notices, circulars, decisions, directives and requirements issued under this Act in such form and manner as may best be adapted for public information and use.
circulars, decisions, directives and requirements issued under this Act in such form and manner as may best be adapted for public information and use.
(3) Subject to this Act, in the conduct of any hearings or investigations authorised by this Act, the Minister may appoint a tribunal for the purpose of dealing with a particular matter.
(4) Except in emergency situations, all orders, notices, circulars, directives and requirements of the Director-General shall take effect within such reasonable times as the Director-General may determine and shall continue in force until a further order, notice, circular, directive or requirement, or for a specified period of time, as shall be specified in the order, notice, circular, directive or requirement.
General powers and duties of Director- General
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130 [No. 7 of 2012 Civil Aviation Authority
lar, directive or requirement.
General powers and duties of Director- General
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130 [No. 7 of 2012 Civil Aviation Authority
(5) Whenever the Director-General is of the opinion that an
emergency requiring immediate action exists with respect to safety
and security in civil aviation, the Director-General shall have the
power—
(i) upon complaint or on the Director-General's initiative without
complaint;
(ii)without answer or other form of pleading by the interested
person or persons; and
(iii) with or without notice, hearing or the making or filing of a
report;
to make such just and reasonable orders, notices, circulars,
directives or requirements as may be essential in the interest of
safety and security in civil aviation to meet the emergency, except
that the Director-General shall immediately thereafter initiate
proceedings relating to the matter giving rise to any such order,
notice, circular, directive or requirement.
tely thereafter initiate
proceedings relating to the matter giving rise to any such order,
notice, circular, directive or requirement.
(6) The Director-General shall have the power to suspend or
modify any order upon such notice and in such manner as the
Director-General shall find proper.
(7) A Tribunal appointed by the Minister under subsection (3)
shall consist of—
(a) an officer in the public service; and
(b) where necessary, two assessors.
(8) A Tribunal may be appointed generally for any period or
specifically for the purpose of dealing with a particular matter.
Cap. 42
(9) The powers, rights and privileges of a tribunal appointed
shall be the same as those conferred upon a Commission by the
Inquires Act, and the provisions of sections seven, thirteen, fourteen
and seventeen of that Act, shall with necessary modification, apply
in respect of a Tribunal appointed under this Act.
(10) Assessors appointed under this Act shall be entitled to such
allowances as the Minister, with the approval of the Minister
responsible for finance, may determine.
ct shall be entitled to such
allowances as the Minister, with the approval of the Minister
responsible for finance, may determine.
Public
compliance
13. It shall be the duty of every person, including any agent
and employee of the person, in the case of entities other than
individuals, subject to this Act, to observe and comply with any
order, notice, circular, directive, guideline or requirement issued by
the Director-General under this Act affecting that person.
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Civil Aviation Authority [No. 7 of 2012 131
14. (1) The Director-General may grant exemptions to any Exemptions
person with respect to the application of any order, notice, circular,
directive, guideline or requirement, issued under this Act, if the
Director-General finds that the exemption would be in the public
interest.
(2) Except as provided in subsection (1), the Director-General
shall not grant any exemption from the requirements of this Act.
the public
interest.
(2) Except as provided in subsection (1), the Director-General
shall not grant any exemption from the requirements of this Act.
15. (1) The Director-General may— Assignment,
(a) assign, in writing, management or other corporate functions, delegation or
to employees with appropriate skills, to assist the instruction
Director-General in the management and control by
of the Authority; Director-
General
(b) delegate, in writing, any of the Director-General's powers
and functions, specified under this Act, to an employee
of the Authority or any authorised person; and
(c) instruct, in writing, an employee of the Authority to perform
any of the Director- General’s powers and functions
specified under this Act.
(2) An assignment, delegation or instruction under subsection
(1)—
(a) may be issued subject to any terms and conditions the
Director-General may impose; and
(b) shall not divest the Director-General of the power to
exercise the powers and perform the functions
personally.
Director-General may impose; and
(b) shall not divest the Director-General of the power to
exercise the powers and perform the functions
personally.
(3) The Director-General may delegate any of the Director-
General’s powers and functions specified under this Act to any
properly qualified private person, subject to such regulation,
condition, supervision and review as may be prescribed, except
that the Director-General shall ensure that such powers and functions
are not delegated in a way that air operators, personnel responsible
for aerial work or general aviation operators and operators of
maintenance facilities, in effect, regulate themselves.
16. (1) The Minister may, after consultation with the Ministerial
Director-General, in writing, give any directive in respect of aviation directives
matters requiring the Authority to do or not to do what is mentioned
in the directive if the Minister considers it necessary so to direct—
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132 [No. 7 of 2012 Civil Aviation Authority
(a) in the interests of aviation safety and security; or
(b) to discharge or facilitate the discharge of an international
obligation of the State.
(b) to discharge or facilitate the discharge of an international
obligation of the State.
(2) Any directive given under subsection (1) shall not be
inconsistent with the provisions of this Act or any other law
administered by the Authority.
(3) The Authority shall take all necessary steps to give effect
to any directive given under subsection (1).
Secretary and 17. (1) The Board shall appoint a Secretary to the Authority
other staff of on such terms and conditions as it may determine.
Authority
(2) The Secretary shall, under the general supervision of the
Director-General, carry out corporate secretarial duties for the
Board and perform such other functions of the Authority as may
be assigned to the Secretary by the Director-General.
Board and perform such other functions of the Authority as may
be assigned to the Secretary by the Director-General.
(3) The Director-General may appoint, on such terms and
conditions as the Board may determine, inspectors, investigators,
professionals, technical and administrative staff, consultants,
attorneys and agents that are considered necessary for the
performance of the functions of the Authority.
Directorate
and units 18. (1) The Board shall establish a structure constituting
directorates and units that conforms to international standards and
Zambia’s State obligations, as provided in civil aviation conventions
and agreements, in order to enable the Director-General to
effectively and efficiently execute the regulatory functions provided
under this Act, especially those relating to flight safety and standards,
air navigation services, aviation security and aerodromes.
especially those relating to flight safety and standards,
air navigation services, aviation security and aerodromes.
(2) The functions and responsibilities of the directorates and
units established under subsection (1) shall be provided for in an
establishment register which shall be approved by the Board and
published in the Gazette.
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Civil Aviation Authority [No. 7 of 2012 133
PART III
REGULATION OF CIVIL AVIATION SECURITY
19. (1) Subject to this Act and the Safety of Civil Aviation Act, the Authority shall, with the approval of the Minister, be responsible for the development of national civil aviation security policies, strategies and programmes.
(2) Notwithstanding the generality of subsection (1), the Authority shall, with due regard to Zambia’s obligations under international agreements, standards and practices—
(a) be responsible for the regulation of aviation security in Zambia;
(b) regulate the security operations of aerodromes, aircraft, regulated agents, ground handlers and catering operators, in order to—
(i) protect passengers, crew, aerodrome staff and other users of aerodrome and aviation facilities;
und handlers and catering operators, in order to—
(i) protect passengers, crew, aerodrome staff and other users of aerodrome and aviation facilities;
(ii) prevent aerial piracy and other unlawful interference with civil aviation; and
(iii) ensure that appropriate action is taken when an aerial piracy or any other act of unlawful interference occurs or is likely to occur; and
(c) coordinate activities under a national civil aviation security programme and other programmes.
(3) Without prejudice to subsection (2), the Authority shall specifically develop, and ensure the implementation of, the following national programmes:
(a) a national civil aviation security programme, in order to safeguard civil aviation against acts of aerial piracy and any other unlawful interference through practices and procedures which take into account the safety, regularity and efficiency of flights;
(b) a national civil aviation security training programme, in order to train personnel of all entities involved with, or who are responsible for, the implementation of various aspects of the national civil aviation security programme;
(c) a national civil aviation security quality control programme, which shall provide the structures, responsibilities, processes and procedures that promote and establish
aviation security quality control programme, which shall provide the structures, responsibilities, processes and procedures that promote and establish
National civil aviation security policy, strategy and national programmes
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134 [No. 7 of 2012 Civil Aviation Authority
an environment and culture of continuing improvement
and enhancement of aviation security in an effective
manner; and
(d) a national civil aviation screener certification programme.
(4) The national programmes developed under subsection (3)
shall be considered by the National Civil Aviation Security
Committee, constituted under section twenty-one, and the
Committee shall recommend to the Minister the approval of such
programme.
(5) The national programmes developed under subsection (3)
shall be reviewed and updated at least once every year.
.
(5) The national programmes developed under subsection (3)
shall be reviewed and updated at least once every year.
(6) The National Civil Aviation Security Committee shall ensure
that the management, setting of priorities and organisation of the
national civil aviation security quality control programme is
undertaken independently from the entities and persons responsible
for the implementation of the measures taken under the national
civil aviation security programme.
(7) The Authority shall make available to aerodromes and
aircraft operators operating in Zambia and other operators and
entities concerned a written version of the appropriate part of the
national civil aviation security programme.
Security 20. The Authority shall, in respect of security services,
surveys aerodrome administration, air service operators, regulated agents,
catering operators and ground handlers—
(a) conduct security surveys to identify security needs, at
least once every year;
(a) conduct security surveys to identify security needs, at
least once every year;
(b) conduct security inspections and audits of security controls;
and
(c) conduct security tests of security controls to assess their
effectiveness.
National 21. (1) The Minister shall constitute, by statutory order, a
Civil National Civil Aviation Security Committee for the purpose of
Aviation approving the definition and allocation of tasks, advising and
Security coordinating security activities—
Committee
iation approving the definition and allocation of tasks, advising and
Security coordinating security activities—
Committee
(b) conduct security inspections and audits of security controls;
and
(c) conduct security tests of security controls to assess their
effectiveness.
National 21. (1) The Minister shall constitute, by statutory order, a
Civil National Civil Aviation Security Committee for the purpose of
Aviation approving the definition and allocation of tasks, advising and
Security coordinating security activities—
Committee [Page 25]
Civil Aviation Authority [No. 7 of 2012 135
(a) amongst ministries, departments, agencies and other
organisations;
(b) between aerodromes and aircraft operators; and
(c) amongst other entities concerned with, or responsible for
the implementation of various aspects of the national
civil aviation security programme.
the implementation of various aspects of the national
civil aviation security programme.
(2) The National Civil Aviation Security Committee shall
recommend to the Minister the review and effectiveness of security
measures and procedures. 22. (1) A person shall not operate an aerodrome without an Aerodrome
aerodrome operator security programme approved by the Authority. operator
security
(2) An operator of an aerodrome serving civil aviation in programme
Zambia shall establish and implement a written aerodrome operator
security programme. (3) An aerodrome operator security programme shall be in
accordance with the requirements prescribed in the national civil
aviation security programme. (4) The aerodrome operator security programme shall be
reviewed and updated at least once in each year.
security programme. (4) The aerodrome operator security programme shall be
reviewed and updated at least once in each year.
(5) An operator of an aerodrome serving civil aviation in
Zambia shall develop and implement a civil aviation security training
programme to ensure the effective implementation of their
respective security operations, which conforms to the requirements
of the national civil aviation security training programme under this
Act. (6) A training programme referred to in subsection (5) shall
be submitted to the Authority for approval. 23. (1) Subject to Zambia's international obligations, a person Aircraft
shall not operate an aircraft to, from or within Zambia without an operator
aircraft operator security programme approved by the Authority.
to, from or within Zambia without an operator
aircraft operator security programme approved by the Authority.
security
programme
(2) An aircraft operator providing service within or from
Zambia, as provided under subsection (1), shall establish and
implement a written aircraft operator security programme. (3) An aircraft operator security programme shall be in
accordance with the requirements prescribed in the national civil
aviation security programme.
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