The Civil Aviation Authority (Amendment) Act, 2024

Civil Aviation Authority (Amendment) [No. 10 of 2024 101
An Act to amend the Civil Aviation Authority Act, 2012.
[16th August, 2024
ENACTED by the Parliament of Zambia.
1. This Act may be cited as the Civil Aviation Authority
(Amendment) Act, 2024, and shall be read as one with the Civil
Aviation Authority Act, 2012, in this Act referred to as the principal
Act.
2. Section 2(1) of the principal Act is amended by the—
(a) deletion of the definition of “Chicago Convention” and
the substitution therefor of the following:
“Chicago Convention” has the meaning assigned to
the words in the Civil Aviation Act, 2016;;
(b) deletion of the definition of “permit”; and
(c) insertion of the following new definition in the appropriate
place:
“Zambia Civil Aviation Requirements” has the
meaning assigned to the words in the Civil Aviation
Act, 2016.
Enactment
Short title
Act No. 7
of 2012
Amendment
of section 2
Act No. 5
of 2016
Act No. 5
of 2016
GOVERNMENT OF ZAMBIA
ACT
No. 10 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.

te 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.

102 No. 10 of 2024] Civil Aviation Authority (Amendment)
Amendment
of section 11 3. Section 11(2) of the principal Act is amended by the—
(a) insertion of the following new paragraphs immediately after
paragraph (b):
(c) the licensing of personnel and certification of air
operators under this Act;
(d) the safety and security oversight of flight
operations, airworthiness, air navigation services
and aerodromes;
(e) the safety and security oversight of carriage and
transportation of dangerous goods under civil
aviation;; and
(b) renumbering of paragraph (c) as paragraph (f). 4. Section 36(1) of the principal Act is amended by the—
(a) insertion of the following new paragraph immediately after
paragraph (a):
(b) an aircraft flying over or manoeuvring within the
territory of the Republic; and
(b) renumbering of paragraphs (b) and (c) as paragraphs (c)
and (d), respectively. 5. The principal Act is amended by the repeal of section 37
and the substitution therefor of the following:
37.

paragraphs (c)
and (d), respectively. 5. The principal Act is amended by the repeal of section 37
and the substitution therefor of the following:
37.

Despite any other written law, the Authority may, in
order to enhance civil aviation safety, recommend to the
Minister the acquisition, establishment and improvement of
air navigation facilities in accordance with the Chicago
Convention. 6. Section 50 of the principal Act is amended by the deletion of
subsection (1) and the substitution therefor of the following:
(1) A person may file with the Director-General an
application for a licence in a manner and form as specified
under the Zambia Civil Aviation Requirements. 7. Section 51 of the principal Act is amended by the deletion of
subsection (1) and the substitution therefor of the following:
(1) The owner of an Aircraft registered in the Republic
may file, with the Director-General, an application for a
certificate of airworthiness for the aircraft in a manner and
form as specified under the Zambia Civil Aviation
Requirements. Amendment
of section 36
Repeal and
replacement
of section 37
Air
navigation
facilities
Amendment
of section 50
Amendment
of section 51

n
Requirements. Amendment
of section 36
Repeal and
replacement
of section 37
Air
navigation
facilities
Amendment
of section 50
Amendment
of section 51

Civil Aviation Authority (Amendment) [No. 10 of 2024 103
8. Section 52 of the principal Act is amended by the deletion
of subsection (1) and the substitution therefor of the following:
(1) A person who intends to operate as an air operator,
and who is a citizen, may file, with the Director-General, an
application for an air operator certificate in a manner and
form as specified under the Zambia Civil Aviation
Requirements. 9. Sections 53 and 54 of the principal Act are repealed. 10. The principal Act is amended by the repeal of section 55
and the substitution therefor of the following:
55. (1) A person who intends to operate an aerodrome
that serves a scheduled or non scheduled operation of an air
operator or foreign air operator shall apply to the Director-
General for an aerodrome operating licence in a manner and
form as specified under the Zambia Civil Aviation
Requirements.

hall apply to the Director-
General for an aerodrome operating licence in a manner and
form as specified under the Zambia Civil Aviation
Requirements.

(2) The Director-General shall, where the Director-General
finds, after due evaluation, that a person applying for an aerodrome
operating licence under subsection (1) is properly and
adequately equipped and is able to conduct a safe operation
in accordance with this Act and the Zambia Civil Aviation
Requirements, issue an aerodrome operating licence to that
person. (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. (4) An aerodrome operating licence shall specify terms,
conditions and limitations that are reasonably necessary to
ensure safety and security in commercial air transport.

ating licence shall specify terms,
conditions and limitations that are reasonably necessary to
ensure safety and security in commercial air transport.

(5) Subject to subsection (4), the terms, conditions and
limitations under an aerodrome operating licence shall, except
where the Director-General determines that it would be
contrary to public interest, include the—
(a) operation and maintenance of adequate safety
equipment capable of rapid access to any area of
an aerodrome used for landing, take off or surface
manoeuvring of an aircraft; and
Amendment
of section 52
Repeal of
sections 53
and 54
Repeal and
replacement
of section 55
Aerodrome
operating
licence

manoeuvring of an aircraft; and
Amendment
of section 52
Repeal of
sections 53
and 54
Repeal and
replacement
of section 55
Aerodrome
operating
licence

104 No. 10 of 2024] Civil Aviation Authority (Amendment)
(b) condition and maintenance of Primary and secondary
runways as the Director-General considers necessary. (6) A person who does not comply with a term, condition
or limitation under an aerodrome operating licence 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. (7) The Authority may, in addition to the penalty specified
under subsection (5), impose operating restrictions on the
aerodrome. 11. Section 56 of the principal Act is repealed. 12.

on to the penalty specified
under subsection (5), impose operating restrictions on the
aerodrome. 11. Section 56 of the principal Act is repealed. 12.

Section 57 of the principal Act is amended by the deletion
of subsection (1) and the substitution therefor of the following:
(1) The Director-General may alter, amend, modify,
suspend or revoke an air operator certificate, a personnel
licence or aerodrome operating licence, or an authorisation
in whole or in part, for failure to comply with any—
(a) provision of this Part;
(b) order, notice, circular, directive, requirement or
regulation issued under this Act;
(c) term, condition or limitation of the certificate, licence
or authorisation; or
(d) other written law. 13. Sections 58 and 59 of the principal Act are repealed. 14. Section 62 of the principal Act is amended by the deletion
of subsection (1) and the substitution therefor of the following:
(1) The Director-General or an authorised officer shall
have free, unrestricted and unobstructed access at all times
to air navigation facilities, an aerodrome, an aircraft operating
to, from or within Zambia, and the premises of an operator
within Zambia. Repeal of
section 56
Amendment
of section 57
Repeal of
sections 58
and 59
Amendment
of section 62

mbia, and the premises of an operator
within Zambia. Repeal of
section 56
Amendment
of section 57
Repeal of
sections 58
and 59
Amendment
of section 62

Civil Aviation Authority (Amendment) [No. 10 of 2024 105
15. Section 76 of the principal Act is amended by the insertion
of the following new subsections immediately after subsection (5):
(6) The Authority may, in accordance with the Chicago
Convention—
(a) enter into a bilateral agreement with the aeronautical
authority of another country and consent to transfer
to that country all or part of the Authority’s functions
with respect to a Zambian registered aircraft engaged
in international navigation, to ensure compliance by
the aircraft operator with rules and regulations, of
that country relating to—
(i) the flight and manoeuvre of aircraft;
(ii) the use of aircraft radio transmitting
apparatus or equipment;
(iii) certificates of airworthiness; and
(iv) licences of personnel; and
(b) relinquish responsibility over the Zambian registered
aircraft where the functions of the Authority are
transferred to another country in accordance with
paragraph (a).

ibility over the Zambian registered
aircraft where the functions of the Authority are
transferred to another country in accordance with
paragraph (a).

(7) The Authority may, in accordance with the Chicago
Convention, accept responsibility with respect to the functions
specified under a bilateral agreement entered into with another
country for aircrafts registered in that country that are
transferred to the Republic. (8) The Authority may, in accordance with the Chicago
Convention and a bilateral agreement entered into with another
country, provide for conditions necessary for the transfer of
functions under this section, except that the Authority may
not relinquish responsibilities for a Zambian registered aircraft
to a country that the Authority determines is in contravention
of that country’s obligations under the Chicago Convention. Amendment
of section 76

aft
to a country that the Authority determines is in contravention
of that country’s obligations under the Chicago Convention. Amendment
of section 76

106 No. 10 of 2024] Civil Aviation Authority (Amendment)
(9) The transfer referred to under subsection (6) shall,
where the Authority has transferred its functions have effect,
with respect to other ICAO member States, where—
(a) a bilateral agreement entered into between the
Authority and another country is made public in
accordance the Chicago Convention and registered
with ICAO; or
(b) the existence and scope of a bilateral agreement
is directly communicated to the aeronautical
authorities of other ICAO member States. (10) The Authority shall, where the Authority enters into
a bilateral agreement for the transfer of functions, notify ICAO
and other ICAO member States. (11) The Authority shall, where an aircraft registered in
another country is operated in accordance with a bilateral
agreement and by an air operator who has a principal place
of business or, if the air operator has no place of business, a
permanent residence in another country, recognise the validity
of certificates, licenses or authorisations issued by that country. (12) The Director-General may issue guidelines for the
implementation of this section. 16.

ficates, licenses or authorisations issued by that country. (12) The Director-General may issue guidelines for the
implementation of this section. 16.

The principal Act is amended by the repeal of section 80
and the substitution therefor of the following:
80. The Authority shall provide regulatory oversight over
the production, publishing and use of flight procedures and
aeronautical charts in accordance with the Zambia Civil
Aviation Requirements. 17. Section 87 of the principal Act is amended by the deletion
of subsection (1) and the substitution therefor of the following:
(1) Subject to the Higher Education Act, 2013 and the
Zambia Qualifications Authority Act, 2011, the Authority may
establish a school or acquire any existing school for the purpose
of providing aviation training to—
(a) employees of the Authority in subjects that are
necessary for the proper performance of the
functions of the Authority, and other subjects; and
(b) the public on a commercial basis. Repeal and
replacement
of section 80
Flight
procedure
and
aeronautical
charts
Amendment
of section
87
Act No. 4 of
2013
Act No. 13
of 2011

cial basis. Repeal and
replacement
of section 80
Flight
procedure
and
aeronautical
charts
Amendment
of section
87
Act No. 4 of
2013
Act No. 13
of 2011

Civil Aviation Authority (Amendment) [No. 10 of 2024 107
18. The principal Act is amended by the insertion of the
following new section immediately after section 88:
88A. A person who contravenes a provision of this Act
for which no penalty is provided is liable, on conviction, in the
case of—
(a) an individual, to a fine not exceeding five hundred
thousand penalty units or to imprisonment for a term
not exceeding five years, or to both; or
(b) a body corporate or unincorporated body, to a
penalty not exceeding one million penalty units.
19. The First Schedule to the principal Act is amended, in
paragraph 4(5), by the deletion of the word “Five” and the
substitution therefor of the word “Three”.
20. The principal Act is amended by the deletion of the word
“permit” wherever the word appears.
Insertion of
section 88A
General
penalty
Amendment
of First
Schedule
General
amendment

108