PRESIDENT'S OFFICE
No. 1897.
27 November 1996
NO. 98 OF 1996: AVIATION LAWS AMENDMENT ACT, 1996.
It is hereby notified that the President has assented to the following Act
which is hereby published for general information:-
GENERAL EXPLANATORY NOTE:
Words in [[ ]] brackets indicate omissions from existing enactments.
Words in << >> brackets indicate insertions in existing enactments.
ACT
To amend the Aviation Act, 1962, so as to further define or to substitute
certain expressions; to make further provision in respect of the appointment
of inspectors and authorized persons; to make other provision in respect of
the power to make regulations; to substitute an obsolete reference; to empower
the Commissioner for Civil Aviation to issue technical standards for civil
aviation; and to effect certain amendments to the Convention on International
Civil Aviation; to amend the Civil Aviation Offences Act, 1972, so as to
further define a certain expression; to amend the Air Services Licensing Act,
1990, so as to further define certain expressions; to dispense with the power
to issue operating certificates in terms of the said Act; and to restrict the
power to make regulations; to amend the Airports Company Act, 1993, so as to
further define a certain expression; and to substitute an obsolete reference;
to amend the Air Traffic and Navigation Services Company Act, 1993, so as to
further define or to delete certain expressions; and to substitute an obsolete
reference; and to amend the International Air Services Act, 1993, so as to
further define certain expressions; and to dispense with the power to issue
operating certificates in terms of the said Act; and to provide for matters
connected therewith.
(Afrikaans text signed by the President.)
(Assented to 12 November 1996)
BE IT ENACTED by the Parliament of the Republic of South Africa, as
follows:-
Amendment of section 1 of Act 74 of 1962, as amended by section 3 of Act 12
of 1965, section 1 of Act 83 of 1969, section 1 of Act 63 of 1981, section 1
of Act 4 of 1982, section 33 of Act 115 of 1990, section 1 of Act 16 of 1992
and section 19 of Act 44 of 1993 Section 1 of the Aviation Act, 1962, is hereby
amended-
(a) by the insertion after the definition of "accident" of the following
definition:
" <<'aerodrome' means any demarcated area on land or water or any
building which is used or intended to be use, either wholly or in part,
for the arrival or departure of aircraft, and includes any building,
installation or equipment within such area which is used or intended to
be used in connection with the arrival, departure or movement of
aircraft;>>";
(b) by the deletion of the definition of "airport";
(c) by the insertion after the definition "authorized officer" of the
following definition:
" <<'authorized person' means an authorized person designated in terms
of section 5(4)(a);>>";
(d) by the insertion after the definition of "South African aircraft" of
the following definition:
" <<'technical standard', in relation to civil aviation, means any
standard, including any rule, requirement, method, specification,
characteristic or procedure, issued by the Commissioner in accordance
with the provisions of section 22A(1) in respect of civil aircraft or
aircraft components, persons engaged in any civil aviation activity and
civil aviation related services, facilities or equipment;>>"; and
(e) by the addition of the following subsection, the existing section
becoming subsection (1):
"<<(2) The definition of 'aerodrome' in subsection (1) shall not
derogate from the ordinary meaning of the word 'airport'>>.".
Amendment of section 5 of Act 74 of 1962, as inserted by section 2 of Act
16 of 1992
2. Section 5 of the Aviation Act, 1962, is hereby amended by the
substitution for paragraph (a) of subsection (4) of the following paragraph:
"(a) designate one or more-
<<(i)>> officers in the service of the department as inspectors or
authorized officers; <<and
(ii) persons who are not in the service of the department as
inspectors or authorized persons>>, whose <<qualifications>>,
powers and duties shall, subject to the provisions of section
4(2) and (3), be as prescribed; and".
Amendment of section 19 of Act 74 of 1962, as amended by section 33 of Act
115 of 1990 and section 4 of Act 16 of 1992
3. Section 19 of the Aviation Act, 1962, is hereby amended-
(a) by the deletion in subsection (3) of the expression "in the case of an
air carrier as defined in section 1 of the International Air Services
Act, 1949 (Act No. 51 of 1949), or"; and
(b) by the insertion after the expression "Air Services Licensing Act,
1990" in the said subsection (3) of the expression ", or in section 1 of
the International Air Services Act, 1993 (Act No. 60 of 1993)".
Amendment of section 22 of Act 74 of 1962, as amended by section 5 of Act
12 of 1965, section 3 of Act 83 of 1969, section 25 of Act 62 of 1973, section
7 of Act 4 of 1982, section 2 of Act 1 of 1984, section 5 of Act 16 of 1992,
section 25 of Act 44 of 1993, section 17 of Act 45 of 1993 and section 11 of
Act 16 of 1995
4. Section 22 of the Aviation Act, 1962, is hereby amended-
(a) by the substitution for subsection (1) of the following subsection:
"<<(1) The Minister may make regulations regarding-
(a) subject to section 3(1)(a), the carrying out of, or the giving
effect to, the provisions of the Convention and the Transit
Agreement;
(b) the powers or the duties of the Commissioner, including the issue,
the amendment or the withdrawal of technical standards for civil
aviation, and the determination of the matters in respect of which
such standards may be issued;
(c) the qualifications, the powers or the duties of authorized officers,
inspectors and authorized persons;
(d) the designation of medical examiners for the purposes of this Act,
including-
(i) the manner in which, and the person by whom, such designation
may take place;
(ii) the suspension or the withdrawal of such designation;
(iii) the conditions, the requirements or the qualifications for such
designation; and
(iv) the certificates issued by the said examiners and the conditions
or the requirements for such issue;
(e) the designation of a body or institution for the purposes of this
Act-
(i) to exercise control over medical examinations or tests and over
the persons performing such examinations or tests;
(ii) to determine standards for such examinations or tests and for
the training of such persons;
(iii) to issue, to amend, to suspend or to withdraw medical
certificates and to keep all books or documents regarding such
examinations or tests; and
(iv) to advise the Commissioner on any matter connected with such
examinations, tests or persons and on the training of the
persons specified in the regulations in first aid;
(f) the designation of a body or institution for the purposes of this
Act-
(i) to exercise control over the training courses specified in the
regulations, over the tests or the verifications of skill or
proficiency specified in the regulations, and over the persons
conducting such courses, tests or verifications;
(ii) to determine standards for such courses, tests or verifications
and for the training of such persons;
(iii) to issue or to confirm certificates for the successful
completion of such courses, tests or verifications, to suspend
or to withdraw such certificates, and to keep all books or
documents regarding such courses, tests or verifications; and
(iv) to advise the Commissioner on any matter connected with such
courses, tests, verifications or persons;
(g) the designation of a body or institution for the purposes of this
Act-
(i) to exercise control over the aviation recreational activities
specified in the regulations;
(ii) to determine standards for the airworthiness or the operation
of aircraft engaged in such activities; and
(iii) to advise the Commissioner on any matter connected with the
airworthiness or the operation of aircraft engaged in such
activities and on the licensing of persons involved in such
activities;
(h) the designation of a body or institution for the purposes of this
Act-
(i) to promote aviation safety or to reduce the risk of aircraft
accidents or incidents; and
(ii) to advise the Commissioner on any matter connected with the
promotion of aviation, safety or the reduction of the risk of
aircraft accidents or incidents;
(i) subject to section 12, the reporting or the investigation of
aircraft accidents or incidents, including-
(i) the persons by whom or to whom such accidents or incidents shall
be reported;
(ii) the procedure to be followed in reporting such accidents or
incidents or in investigating such accidents or incidents;
(iii) the imposition of a prohibition, pending investigation, of
access to or interference with any aircraft involved in an
accident or incident and the granting of authorization to one or
more persons, in so far as it may be necessary for the purposes
of the investigation, to have access to such aircraft, to
examine or to remove such aircraft, to take steps for the
preservation thereof or to deal otherwise therewith; and
(iv) the investigation of any other accident or incident reported in
respect of the provision of any air traffic service;
(j) the exercising of control over the conveyance in aircraft of
dangerous goods specified or defined in the regulations, including-
(i) the imposition of a prohibition of the conveyance of such goods;
and
(ii) the issue of licences or certificates to persons specified in
the regulations and engaged in the consigning or acceptance of
such goods;
(k) the requirements to be complied with or the steps to be taken in
connection with the conveyance in aircraft of any animal as defined
in section 1 of the Animals Protection Act, 1962 (Act No. 71 of
1962), or any fish as defined in section 1 of the Sea Fishery Act,
1988 (Act No. 12 of 1988);
(l) the delimitation, the designation or the restriction of airspace,
including-
(i) the designation of airspace for the purposes specified in the
regulations;
(ii) the restriction or the prohibition of aircraft from flying
within any airspace specified in the regulations;
(iii) the conditions under which, the airspace within which or the
aerodromes at which aircraft coming from any place outside the
Republic shall land and the conditions under which, the airspace
within which or the aerodromes from which aircraft shall depart
to any place outside the Republic; and
(iv) the provision of measures to prevent aircraft from flying
within any airspace in contravention of any such restriction or
prohibition or from entering or leaving the Republic in
contravention of any provision of this Act;
(m) the provision of general operating rules, flight rules and air
traffic rules in respect of civil aviation, including-
(i) the terminology, including definitions, abbreviations and units
of measurement, to be used;
(ii) the identification, the classification or the registration of
aircraft;
(iii) the identification, the licensing or the certification of
persons engaged in any civil aviation activity;
(iv) the prevention of nuisances arising from air navigation,
aircraft factories, aerodromes or other aircraft establishments,
including the prevention of nuisance due to noise or vibration
originating from the operation of machinery in aircraft on or
above aerodromes, whether by the installation in aircraft or on
aerodromes of means for the prevention of such noise or
vibration or otherwise;
(v) the approval or, where appropriate, the design of let-down and
missed approach procedures;
(vi) the safety or the security of persons and property, including
the conditions under which any aircraft shall be operated, the
conditions under which any act may be performed in or from an
aircraft and the maximum hours of duty of flight crew, cabin
crew or air traffic service personnel for the purposes of
aviation safety;
(vii) the order in which aircraft may be requisitioned and flight
crew may be called out under section 17(1), the carrying out or
the co-ordination of any air search and rescue operations and
the rate at which compensation is to be paid by the State in
respect of any such requisitioning or calling out;
(viii) the signals or other communications which may or shall be
conveyed by or to any aircraft, or any person therein, and the
acknowledgement of, or the compliance with, such signals or
communications;
(ix) the co-ordination of frequency allocations in bands of the
radio spectrum allocated for civil aviation use;
(x) the determination of standards for the maintenance of any air
navigation infrastructure-, and
(xi) the flight calibration of any such air navigation
infrastructure;
(n) the use, the licensing, the inspection or the management of
aerodromes, including-
(i) the prevention of interference with aerodromes and other civil
aviation related facilities;
(ii) the imposition of a prohibition or the regulation of the use of
unlicensed aerodromes;
(iii) the approval for the siting of any air navigation
infrastructure which is not situate on an aerodrome;
(iv) the certification of categories of operations at aerodromes;
(v) the access to aerodromes or other places where aircraft have
landed or the access to civil aircraft factories for the
purposes of the inspection of the work carried on therein;
(vi) the imposition of a prohibition or the regulation of the
erection or the coming into existence of any obstruction
exceeding the height specified in the regulations within the
distance so specified from any aerodrome;
(vii) the lighting and marking of obstructions which are situate at
any aerodrome or within the distance specified in the
regulations from any aerodrome, or which exceed the height so
specified, or which, according to criteria so specified,
constitute a danger to aircraft;
(viii) the imposition of a prohibition of, or the exercising of
control over, lights at or in the neighbourhood of any
aerodrome;
(ix) the registers or the records to be kept at licensed aerodromes
and the manner in which they shall be kept; and
(x) the technical, operational, security and safety standards in
respect of a company airport as defined in section 1 of the
Airports Company Act, 1993 (Act No. 44 of 1993);
(o) the provision or the organization of air traffic or navigation
services, aviation meteorological, security or communication
services and any other civil aviation related services, including
the licensing or the certification of aircraft design, manufacturing
or maintenance organizations and aviation training organizations
and the designation of aviation meteorological organizations;
(p) the determination of standards or specifications in respect of civil
aircraft or aircraft components, persons engaged in any civil
aviation activity and civil aviation related services, facilities or
equipment, including-
(i) for the purposes of ensuring the safe operation of aircraft, the
imposition of a prohibition or the regulation of the use in
aircraft or aero engines of parts, instruments, accessories or
other materials which do not conform to the specifications or
standards of quality or manufacture specified in the
regulations;
(ii) the requirements relating to the airworthiness, the design, -
the performance, the operation or the maintenance of aircraft,
aircraft components or aircraft equipment and the specifications
for materials used, or the standards or the processes which
shall be applied, in the construction of aircraft, aircraft
components or aircraft equipment; and
(iii) the determination of standards for the training, the grading,
the licensing or the certification of persons engaged in any
such activity;
(q) the manner in which, or the conditions under which, any licence or
certificate required by or under this Act, the Convention or the
Transit Agreement shall be issued, renewed or confirmed, including-
(i) the courses, the examinations, the inspections, the tests or the
verifications which shall be passed or measured up to; and
(ii) the form, the custody, the production, the cancellation, the
suspension, the endorsement or the surrender of any such licence
or certificate;
(r) the publication of aeronautical information;
(s) the manuals, the registers, the records or the other documents to be
kept for the purposes of this Act, the Convention or the Transit
Agreement and the manner in which they shall be kept;
(t) subject to subsection (3), the fees to be paid in respect of the
matters specified in the regulations;
(u) the exemption from any of the provisions of this Act, the Convention
or the Transit Agreement of any aircraft operated for experimental
purposes, of any other aircraft or of any person in the
circumstances or under the conditions specified in the regulations;
(v) in general, any matter which the Minister may consider necessary or
expedient to prescribe in order that the objects of this Act may be
achieved, and the generality of this paragraph shall not be limited
by the preceding paragraphs.>>"; and
(b) by the deletion of subsection (2).
Substitution of section 22A of Act 74 of 1962, as inserted by section 3 of
Act 1 of 1984 and amended by section 6 of Act 16 of 1992
5. The following section is hereby substituted for section 22A of the
Aviation Act, 1962:
"Technical standards for civil aviation
<<22A. (1) (a) The Commissioner may issue technical standards for civil
aviation on such matters as may be prescribed by regulation.
(b) The manner in which any technical standard for civil aviation shall
be issued, amended or withdrawn, and the procedure to be followed in respect
of any such issue, amendment or withdrawal, shall be as prescribed by
regulation.
(2) Any person who contravenes or fails to comply with a provision of a
technical standard shall be guilty of an offence and liable on conviction to
a fine or to imprisonment for a period not exceeding five years or to both
such fine and such imprisonment.
(3) The Commissioner may incorporate into a technical standard any
International aviation standard or any amendment thereof, without stating
the text of such standard or amendment, by mere reference to the title,
number and year of issue of such standard or amendment or to any other
particulars by which such standard or amendment is sufficiently identified.
(4) An officer in the department designated by the Commissioner for that
purpose shall keep in his office a copy of the complete text of each
International aviation standard or each amendment thereof which has been
incorporated into any technical standard in accordance with subsection (3),
and shall at the request in writing of any interested person make such copy
available free of charge to such person for inspection or for making a copy
thereof, at such person's expense, at a place approved by the said officer.
(5) Whenever in any judicial proceedings the question arises whether any
writing contains the text of any International aviation standard or any
amendment thereof which has been incorporated into any technical standard in
accordance with subsection (3), any document purporting to be a statement by
a person who in that statement alleges that he is an officer in the
department and that a particular writing described in or attached to the
statement contains the said text shall, on its mere production at those
proceedings by any person, be prima facie proof of the facts stated therein.
(6) For the purposes of this section, International aviation standard'
means any International standard or recommended practice or procedure
adopted by the International Civil Aviation Organization for the purposes of
Article 37 of the Convention>>.".
Substitution of word "airport" and word "airports" in Act 74 of 1962
6. The Aviation Act, 1962, is hereby amended by the substitution for the
word airport" and the word "airports", wherever they appear, of the word
"aerodrome" and the word "aerodromes", respectively.
Amendment of First Schedule to Act 74 of 1962, as amended by Proclamation
33 of 1986, Proclamation 204 of 1973 and Proclamation 194 of 1980
7. The First Schedule to the Aviation Act, 1962, is hereby amended-
(a) by the substitution in Article 56 for the words "twelve members" of the
words "nineteen members";
(b) by the insertion after Article 83 of the following Article:
"Article 83bis
Transfer of certain functions and duties
<<(a) Notwithstanding the provisions of Articles 12, 30, 31 and 32(a),
when an aircraft registered in a contracting State is operated
pursuant to an agreement for the lease, charter or interchange of the
aircraft or any similar arrangement by an operator who has his
principal place of business or, if he has no such place of business,
his permanent residence in another contracting State, the State of
registry may, by agreement with such other State, transfer to it all
or part of its functions and duties as State of registry in respect of
that aircraft under Articles 12, 30, 31 and 32(a). The State of
registry shall be relieved of responsibility in respect of the
functions and duties transferred.
(b) The transfer shall not have effect in respect of other contracting
States before either the agreement between States in which it is
embodied has been registered with the Council and made public pursuant
to Article 83 or the existence and scope of the agreement have been
directly communicated to the authorities of the other contracting
State or States concerned by a State party to the agreement.
(c) The provisions of paragraphs (a) and (b) above shall also be
applicable to cases covered by Article 77>>."; and
(c) by the insertion after Article 93 of the following Article:
"Article 93bis
Termination or suspension of membership
<<(a) Notwithstanding the provisions of Articles 91, 92 and 93 above:
(1) A State whose government the General Assembly of the United Nations
has recommended be debarred from membership in International agencies
established by or brought into relationship with the United Nations shall
automatically cease to be a member of the International Civil Aviation
Organization;
(2) A State which has been expelled from membership in the United Nations
shall automatically cease to be a member of the International Civil Aviation
Organization unless the General Assembly of the United Nations attaches to
its act of expulsion a recommendation to the contrary.
(b) A State which ceases to be a member of the International Civil Aviation
Organization as a result of the provisions of paragraph (a) above may, after
approval by the General Assembly of the United Nations, be readmitted to the
International Civil Aviation Organization upon application and upon approval
by a majority of the Council.
(c) Members of the Organization which are suspended from the exercise of
the rights and privileges of membership in the United Nations shall, upon the
request of the latter, be suspended from the rights and privileges of
membership in this Organization>>.".
Amendment of section 1 of Act 10 of 1972, as amended by section 1 of Act 63
of 1978, section 1 of Act 4 of 1981 and section 27 of Act 44 of 1993
8. Section 1 of the Civil Aviation Offences Act, 1972, is hereby amended by
the substitution in subsection (1) for the definition of "airport" of the
following definition:
" 'airport' means an [[airport]] <<aerodrome>> as defined in section 1 of
the Aviation Act, 1962 (Act No. 74 of 1962);".
Amendment of section 1 of Act 115 of 1990, as amended by section 1 of Act
15 of 1992 and section 1 of Act 83 of 1995
9. Section 1 of the Air Services Licensing Act, 1990, is hereby amended-
(a) by the substitution for paragraph (e) of the definition of "air
service" of the following paragraph:
"<<(e) the participation in any air race, navigation rally or other
aviation sporting event of an aircraft which is sponsored, if the sole
advertisement by such aircraft consists of the display of the name or
logo of, or any other reference to, the sponsor in question;>>";
(b) by the insertion after the definition of "authorized officer" of the
following definition:
" <<'authorized person' means an authorized person as defined in section
1 of the Aviation Act, 1962;>>"; and
(c) by the deletion of the definition of "operating certificate".
Amendment of section 19 of Act 115 of 1990, as amended by section 8 of Act
83 of 1995
10. Section 19 of the Air Services Licensing Act, 1990, is hereby amended
by the substitution for paragraph (b) of the following paragraph:
"(b) on condition that the licensee shall not commence or [[subject to the
provisions of section 22(7)]] continue with an air service unless he is
in possession of a valid operating certificate <<issued under the
Aviation Act, 1962 (Act No. 74 of 1962)>>;".
Repeal of sections 22 and 23 of Act 115 of 1990
11. Sections 22 and 23 of the Air Services Licensing Act, 1990, are hereby
repealed.
Amendment of section 24 of Act 115 of 1990, as substituted by section 11 of
Act 83 of 1995
12. Section 24 of the Air Services Licensing Act, 1990, is hereby amended-
(a) by the deletion of paragraph (a) of subsection (1); and
(b) by the substitution for paragraph (c) of the said subsection (1) of the
following paragraph:
"(c) keep his, her or its licence [[and operating certificate]] in a safe
place, and produce such licence [[and operating certificate]] to an
authorized officer, [[or]] inspector <<or authorized person>> for
inspection if so requested by such officer, [[or]] inspector <<or
person>>; and".
Amendment of section 25 of Act 115 of 1990, as amended by section 12 of Act
83 of 1995
13. Section 25 of the Air Services Licensing Act, 1990, is hereby amended-
(a) by the substitution for paragraph (a) of subsection (1) of the
following paragraph:
"(a) by the refusal of the council [[or the Commissioner for Civil
Aviation]] to issue to him a licence [[or an operating certificate, as
the case may be]]; ";
(b) by the deletion of paragraph (c) of the said subsection (1);
(c) by the substitution for subsection (2) of the following subsection:
"(2) The court referred to in subsection (1) may-
(a) confirm, vary or set aside the refusal or decision of the council
[[or Commissioner for Civil Aviation, as the case may be]];
(b) give such other decision as the council [[or the Commissioner for
Civil Aviation, as the case may be, was]] <<would have been>> able
to give; or
(c) remit the case to the council [[or the Commissioner for Civil
Aviation, as the case may be]] with such instructions as that court
may deem fit."; and
(d) by the substitution for subsection (4) of the following subsection:
"(4) A decision given [[in terms of]] <<under>> subsection (2) shall,
for the purposes of this Act, be deemed to be a decision of the council
[[or the Commissioner for Civil Aviation, as the case may be]].".
Amendment of section 26 of Act 115 of 1990, as amended by section 13 of Act
83 of 1995
14. Section 26 of the Air Services Licensing Act, 1990, is hereby amended-
(a) by the substitution for paragraph (e) of subsection (1) of the
following paragraph:
"(e) falsifies, counterfeits, alters, defaces or mutilates, or adds
anything to, a licence [[operating certificate]] or other document
issued under this Act, or is in possession of a licence [[operating
certificate]] or other document which has been thus falsified,
counterfeited, altered, defaced or mutilated, or to which an
addition has been made;";
(b) by the substitution for paragraph (f) of the said subsection (1) of the
following paragraph:
"(f) uses a licence [[operating certificate]] or other document issued
under this Act of which he, she or it is not the holder;"; and
(c) by the substitution for paragraph (fA) of the said subsection (1) of
the following paragraph:
"(fA) permits a licence [[operating certificate]] or other document
issued under this Act of which he, she or it is the holder to be
used by any other person;".
Amendment of section 27 of Act 115 of 1990
15. Section 27 of the Air Services Licensing Act, 1990, is hereby amended-
(a) by the substitution for paragraph (d) of the following paragraph:
"(d) a certificate issued by the chairman of the council [[or the
Commissioner for Civil Aviation]] stating that a licence [[or
operating certificate, as the case may be]] has not been granted or
issued to a specified person shall, upon the mere production
thereof, be accepted as prima facie proof of the facts mentioned
therein;"; and
(b) by the deletion of paragraph (g).
Amendment of section 29 of Act 115 of 1990, as amended by section 16 of Act
204 of 1993 and section 14 of Act 83 of 1995
16. Section 29 of the Air Services Licensing Act, 1990, is hereby amended
by the deletion of paragraphs (e) and (i) of subsection (1).
Amendment of section 1 of Act 44 of 1993
17. Section 1 of the Airports Company Act, 1993, is hereby amended by the
substitution for the definition of "airport" of the following definition:
" 'airport' means an [[airport]] <<aerodrome>> as defined in section 1 of
the Aviation Act, 1962 (Act No. 74 of 1962), and includes an aerodrome
transferred in terms of section 6(1)(a) of this Act;".
Amendment of section 5 of Act 44 of 1993
18. Section 5 of the Airports Company Act, 1993, is hereby amended by the
substitution for paragraph (a) of subsection (2) of the following paragraph:
"(a) not have any financial interest, [[direct or indirect]] <<either
directly or indirectly>>, in the provision of any air service as defined in
section 1 of the Air Services Licensing Act, 1990 (Act No. 115 of 1990), or
<<of any International air service as defined>> in section 1 of the
International Air Services Act, [[1940 (Act No. 51 of 1949)]] <<1993 (Act
No. 60 of 1993)>>;".
Amendment of section 1 of Act 45 of 1993
19. Section 1 of the Air Traffic and Navigation Services Company Act,
1993, is hereby amended-
(a) by the insertion before the definition of "air navigation
infrastructure" of the following definition:
" <<'aerodrome' means an aerodrome as defined in section 1 of the
Aviation Act, 1962 (Act No. 74 of 1962);>>";
(b) by the substitution for the definition of "air navigation
infrastructure" of the following definition:
" 'air navigation infrastructure' means infrastructure, including
[[landing and]] air navigation aids and air traffic control systems,
provided for the promotion of the safe, orderly and expeditious movement
of air traffic, and, where applicable, any building or structure on or
to which such infrastructure or part thereof is housed or attached, and
includes the premises on which such infrastructure or part thereof is
situated, whether such building, structure or premises are situated
within the boundaries of an [[airport]] <<aerodrome>> or not;";
(c) by the deletion of the definition of "airport";
(d) by the substitution for the definition of "air traffic service" of the
following definition:
" 'air traffic service' means an [[airport]] <<aerodrome>> control
service, an approach control service, an area control service, a flight
information service, an air traffic advisory service, an alerting
service or <<any>> other service designated by the Commissioner as
defined in section 1 of the Aviation Act, 1962 [[(Act No. 74 of
1962)]];"; and
(e) by the substitution for the definition of "air traffic service charge"
of the following definition:
" 'air traffic service charge' means an amount levied by the company on
an operator of an aircraft or an [[airport]] <<aerodrome>> in connection
with the use of any air navigation infrastructure by, or the provision
of [[an]] <<any>> air traffic service to, such operator;".
Amendment of section 5 of Act 45 of 1993
20. Section 5 of the Air Traffic and Navigation Services Company Act,
1993, is hereby amended by the substitution for paragraph (a) of subsection
(2) of the following paragraph:
"(a) not have any financial interest, [[direct or indirect]] <<either
directly or indirectly>>, in the provision of any air service as defined in
section 1 of the Air Services Licensing Act, 1990 (Act No. 115 of 1990), or
<<of any International air service as defined>> in section 1 of the
International Air Services Act, [[1949 (Act No. 51 of 1949)]] <<1993 (Act
No. 60 of 1993)>>;".
Amendment of section 1 of Act 60 of 1993, as amended by section 1 of Act 10
of 1996
21. Section 1 of the International Air Services Act, 1993, is hereby
amended-
(a) by the substitution in paragraph (a) of the definition of "airport" for
the words preceding subparagraph (i) of the following words:
"an [[airport]] <<aerodrome>> as defined in section 1 of the Aviation
Act, 1962 (Act No. 74 of 1962), which is situated in the Republic and
which-";
(b) by the insertion after the definition of "authorized officer" of the
following definition:
" <<'authorized person' means an authorized person as defined in section
1 of the Aviation Act, 1962>>;"; and
(c) by the deletion of the definition of "operating certificate".
Amendment of section 20 of Act 60 of 1993
22. Section 20 of the International Air Services Act, 1993, is hereby
amended by the substitution for paragraph (b) of subsection (1) of the
following paragraph:
"(b) the licensee shall not commence or [[subject to the provisions of
section 32(2)]] continue with an International air service unless he is in
possession of a valid operating certificate <<issued under the Aviation Act,
1962 (Act No. 74 of 1962)>>;".
Amendment of section 22 of Act 60 of 1993, as amended by section 6 of Act
10 of 1996
23. Section 22 of the International Air Services Act, 1993, is hereby
amended-
(a) by the deletion of paragraph (a) of subsection (1); and
(b) by the substitution for paragraph (c) of the said subsection (1) of the
following paragraph:
"(c) keep his, her or its licence [[and operating certificate]] in a
safe place, and produce such licence [[and operating certificate]]
to an authorized officer, [[or]] inspector <<or authorized person>>
for inspection if so requested by such officer, [[or]] inspector
<<or person>>; and".
Repeal of sections 30 to 34 of Act 60 of 1993
24. Sections 30 to 34 of the International Air Services Act, 1993, are
hereby repealed.
Amendment of section 37 of Act 60 of 1993
25. Section 37 of the International Air Services Act, 1993, is hereby
amended-
(a) by the substitution for paragraph (a) of subsection (1) of the
following paragraph:
"(a) by the refusal of the council or the Commissioner for Civil
Aviation to issue to him a licence <<or>> a permit [[or an
operating certificate]]*, as the case may be;"; and
(b) by the substitution for paragraph (c) of the said subsection (1) of the
following paragraph:
"(c) by a decision of the Commissioner for Civil Aviation in terms of
section 29(1) [[or 33(2)]],".
Amendment of section 40 of Act 60 of 1993, as amended by section 12 of Act
10 of 1996
26. Section 40 of the International Air Services Act, 1993, is hereby
amended-
(a) by the substitution for paragraph (d) of subsection (1) of the
following paragraph:
"(d) falsifies, counterfeits, alters, defaces or mutilates, or adds
anything to, a licence, permit [[operating certificate]] or other
document issued under this Act, or is in possession of a licence,
permit [[operating certificate]] or other document which has been
thus falsified, counterfeited, altered, defaced or mutilated, or to
which an addition has been made;";
(b) by the substitution for paragraph (e) of the said subsection (1) of the
following paragraph:
"(e) uses a licence, permit [[operating certificate]] or other document
issued under this Act of which he, she or it is not the holder;";
and
(c) by the substitution for paragraph (eA) of the said subsection (1) of
the following paragraph:
"(eA) permits a licence, permit [[operating certificate]] or other
document issued under this Act of which he, she or it is the holder
to be used by any other person;".
Amendment of section 41 of Act 60 of 1993
27. Section 41 of the International Air Services Act, 1993, is hereby
amended-
(a) by the substitution for paragraph (d) of the following paragraph:
"(d) a certificate issued by the chairman of the council or the
Commissioner for Civil Aviation stating that a licence or permit
[[or operating certificate]], as the case may be, has not been
granted or issued to a specified person shall, upon the mere
production thereof, be accepted as prima facie proof of the facts
mentioned therein;"; and
(b) by the deletion of paragraph (g).
Amendment of section 43 of Act 60 of 1993, as amended by section 13 of Act
10 of 1996
28. Section 43 of the International Air Services Act, 1993, is hereby
amended by the deletion of paragraphs (d) and (fE) of subsection (1).
Savings
29. Notwithstanding the repeal by this Act of those provisions of the Air
Services Licensing Act, 1990 (Act No. 115 of 1990), or the International Air
Services Act, 1993 (Act No. 60 of 1993), which relate to the issue of
operating certificates, any operating certificate issued in terms of the said$
Act and in force immediately prior to such repeal shall be deemed to be an
operating certificate issued under the Aviation Act, 1962 (Act No. 74 of
1962), and shall remain in force, subject to the conditions on which it was
issued, for the period for which it was issued.
Short title and commencement
30. This Act shall be called the Aviation Laws Amendment Act, 1996, and
shall come into operation on a date fixed by the President by proclamation in
the Gazette.
</pre></td></tr>
</table>
</center>
</BODY>
</html>
PRESIDENT'S OFFICE
No. 1905.
27 November 1996
NO. 107 OF 1996: INTELLECTUAL PROPERTY LAWS RATIONALISATION ACT, 1996.
It is hereby notified that the President has assented to the following Act
which is hereby published for general information:-
ACT
To provide for the integration of intellectual property rights subsisting in
Bophuthatswana, Transkei, Venda and Ciskei into the national system; to extend
the South African intellectual property rights legislation throughout the
Republic; to repeal certain other intellectual property laws; and to provide
for matters connected therewith.
(Afrikaans text signed by the President.)
(Assented to 12 November 1996.)
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:-
PART 1
Introduction and definitions
Scheme of Act
1. This Act is divided into seven parts which relate to the following
matters, respectively:
Part 1-Introduction and definitions
Part 2-General application
Part 3-Patents
Part 4-Registered designs
Part 5-Trade marks
Part 6-Copyright
Part 7-General
Definitions
2. In this Act, unless the context otherwise indicates-
"Bophuthatswana" means the former Republic of Bophuthatswana as constituted
on 26 April 1994;
"Bophuthatswana Act" in Part 3 means the Patents Act, 1952 (Act No. 37 of
1952), in Part 4 means the Designs Act, 1967 (Act No. 57 of 1967), in Part 5
means the Trade Marks Act, 1963 (Act No. 62 of 1963), and in Part 6 means the
Copyright Act, 1965 (Act No. 63 of 1965), all as effective in Bophuthatswana,
and
"Bophuthatswana Acts" means all those Acts, collectively;
"Ciskei" means the former Republic of Ciskei as constituted on 26 April
1994;
"Ciskei Act" in Part 6 means the Copyright Act, 1978 (Act No. 98 of 1978),
as effective in Ciskei;
"Designs Office" means the designs office as contemplated in the Designs
Act, 1993 (Act No. 195 of 1993);
"Patent Office" means the patent office as contemplated in the Patents Act,
1978 (Act No. 57 of 1978);
"Registrar of Designs" means the registrar of designs appointed in terms of
the Designs Act, 1993 (Act No. 195 of 1993);
"Registrar of Patents" means the registrar of patents appointed in terms of
the Patents Act, 1978 (Act No. 57 of 1978);
"Registrar of Trade Marks" means the registrar of trade marks appointed in
terms of the Trade Marks Act, 1993 (Act No. 194 of 1993);
"Register of Designs" in Part 4 means the register of designs kept under the
Bophuthatswana Act, the Transkei Act or the Venda Act, as the case may be, and
"records" pertaining to those registers has a corresponding meaning;
"Register of Patents" in Part 3 means the register of patents kept under the
Bophuthatswana Act, the Transkei Act or the Venda Act, as the case may be, and
"records" pertaining to those registers has a corresponding meaning;
"Register of Trade Marks" in Part 5 means the register of trade marks kept
under the Bophuthatswana Act, the Transkei Act or the Venda Act, as the case
may be, and
"records" pertaining to those registers has a corresponding meaning;
"Republic" means the Republic of South Africa as constituted on 27 April
1994;
"South African Act" in Part 3 means the Patents Act, 1978 (Act No. 57 of
1978), in Part 4 means the Designs Act, 1993 (Act No. 195 of 1993), in Part 5
means the Trade Marks Act, 1993 (Act No. 194 of 1993), and in Part 6 means the
Copyright Act, 1978 (Act No. 98 of 1978), and "South African Acts" means all
those Acts, collectively;
"Territorial Acts" means the Bophuthatswana Acts, Ciskei Acts, Transkei Acts
and Venda Acts collectively;
"Trade Marks Office" means the trade marks office contemplated in the Trade
Marks Act, 1993 (Act No. 194 of 1993);
"Transkei" means the former Republic of Transkei as constituted on 26 April
1994;
"Transkei Act" in Part 3 means the Patents Act, 1952 (Act No. 37 of 1952),
in Part 4 means the Designs Act, 1967 (Act No. 57 of 1967), in Part 5 means
the Trade Marks Act, 1963 (Act No. 62 of 1963), and in Part 6 means the
Copyright Act, 1965 (Act No. 63 of 1965), all as effective in Transkei, and
"Transkei Acts" means all those Acts, collectively;
"Venda" means the former Republic of Venda as constituted on 26 April 1994;
"Venda Act" in Part 3 means the Patents Act, 1978 (Act No. 57 of 1978), in
Part 4 means the Designs Act, 1967 (Act No. 57 of 1967), in Part 5 means the
Trade Marks Act, 1963 (Act No. 62 of 1963), and in Part 6 means the Copyright
Act, 1978 (Act No. 98 of 1978), all as effective in Venda, and "Venda Acts"
means all those Acts, collectively.
Reference to Act
3. Reference to any Act referred to in this Act shall be deemed to include
all amendments to that Act and all notices, directives, rules and regulations
issued under that Act.
PART 2
General application
Application of South African Acts
4. Subject to the provisions of Parts 3, 4, 5 and 6 of this Act, the South
African Acts shall apply throughout the Republic.
PART 3
Patents
Application of South African Patents Act
5. (1) Subject to the provisions of this section, the South African Act
shall apply to all patents registered or deemed to be registered under the
Bophuthatswana Act, the Transkei Act and the Venda Act.
(2) Subject to subsection (5), the validity of a patent entered on the
Register of Patent and the duration of such a patent shall be determined in
accordance with the laws applying to the application for registration of that
patent as at the date of that application-
(3) Subject to subsection (5), the repeal of the laws by section 16 does not
affect any applications or proceedings commenced under the Bophuthatswana Act,
the Transkei Act or the Venda Act and any such applications or proceedings
shall be continued with and concluded in accordance with the provisions of the
respective laws as if such laws had not been repealed, provided that-
(a) the Registrar of Patents shall perform the functions and duties of the
registrars appointed under those Acts; and
(b) any notice and other communication required to be inserted or published
in a patent journal or other official publications may be inserted or
published in the South African Patent Journal.
(4) A patent registered under the South African Act shall not apply to the
geographical areas of Bophuthatswana, Transkei or Venda for so long as and to$
the extent that a valid registered patent right for the same invention
continues to subsist in any such geographical area, but shall extend to each
such geographical area if and when such valid right no longer subsists.
(5)(a) A proprietor of a patent registered in Bophuthatswana, Transkei or
Venda, respectively, may, within one year after the coming into force of this
Act, notify the Registrar of Patents in writing that he or she wishes his or
her patent right to extend to the whole of the national territory of the
Republic, subject to paragraph (b).
(b) Once such a notification has been made such patent right shall continue
to apply only to the geographical areas of Bophuthatswana, Transkei or Venda,
as the case may be, for as long as and to the extent that a valid registered
patent for the same invention subsists in terms of the South African Act, but,
subject to paragraph (a), such patent right shall extend to the whole of the
national territory if and when such right in terms of the South African Act
does not exist.
(6) Any lawful use by any person of an invention commenced prior to 27 April
1994 in the geographical area of Bophuthatswana, Transkei or Venda shall not
become unlawful by virtue of this Act, provided that use is not extended
outside the geographical area concerned.
Patent Registers and Records
6. The Registers of Patents and records shall be transferred to and kept in
the office of the Registrar of Patents.
Identification of patents
7. All patents registered and all patent applications filed in terms of the
Bophuthatswana Act, Transkei Act and Venda Act shall be identified by the
suffixes "(BT)", "(TR)" and "(VE)", respectively.
PART 4
Registered designs
Application of South African Designs Act
8. (1) Subject to the provisions of this section, the South African Act
shall apply to designs registered or deemed to be registered under the
Bophuthatswana Act, the Transkei Act or the Venda Act.
(2) Subject to subsection (5), the validity of a design registration entered
on the Register of Designs and the duration of such a design registration shall
be determined in accordance with the laws applying to the application for
registration of that design as at the date of that application.
(3) Subject to subsection (5), the repeal of the laws by section 16 does not
affect any proceedings or applications commenced under the Bophuthatswana Act,
the Transkei Act or the Venda Act, and any such proceedings or applications
shall be continued with and concluded as if the laws had not been repealed,
provided that-
(a) the Registrar of Designs shall perform the functions and duties of the
registrars appointed under those Acts; and
(b) any notice and other communication required to be inserted or published
in a patent journal or other official publications shall be inserted or
published in the South African Patent Journal.
(4) A design registered under the South African Act shall not apply to the
geographical areas of Bophuthatswana, Transkei or Venda for so long as and to
the extent that a valid registered design right for the same design continues
to subsist in any such geographical area, but shall extend to each such
geographical area if and when such valid right no longer subsists.
(5)(a) A proprietor of a design registered in Bophuthatswana, Transkei or
Venda, respectively, may, within one year after the coming into force of this
Act, notify the Registrar of Designs in writing that he or she wishes his or
her design right to extend to the whole of the national territory of the
Republic, subject to paragraph (b).
(b) Once such a notification has been made such design right shall continue
to apply only to the geographical areas of Bophuthatswana, Transkei or Venda,
as the case may be, for as long as and to the extent that a valid registered
design for the same right subsists in terms of the South African Act, but,
subject to paragraph (a), such design right shall extend to the whole of the
national territory if and when such right in terms of the South African Act
does not exist.
(6) Any lawful use by any person of a design commenced prior to 27 April
1994 in the geographical area of Bophuthatswana, Transkei or Venda shall not
become unlawful by virtue of this Act, provided that the use is not extended
outside the geographical area concerned.
Design registers and records
9. The Registers of Designs and records shall be transferred to and kept in
the office of the Registrar of Designs.
Identification of designs
10. All designs registered and all design applications filed in terms of
the Bophuthatswana Act, Transkei Act and Venda Act shall be identified by the
suffixes "(BT)", "(TR)" and "(VE)", respectively.
PART 5
Trade marks
Application of South African Trade Marks Act
11. (1) Subject to the provisions of this section, the South African Act
shall apply to all trade marks registered or deemed to be registered under the
Bophuthatswana Act, the Transkei Act and the Venda Act.
(2) Subject to subsection (5), the validity of the original entry of a trade
mark on the Register of Trade Marks shall be determined in accordance with the
laws applying to the application for registration of that trade mark as at the
date of that application.
(3) Subject to subsection (5), the repeal of laws by section 16 does not
affect any applications or proceedings commenced under the Bophuthatswana Act,
the Transkei Act or the Venda Act and any such applications or proceedings
shall be continued with and concluded in every respect as if those laws had not
been repealed, provided that-
(a) the Registrar of Trade Marks shall carry out the functions and duties of
the registrars appointed under those Acts; and
(b) any notices and other communications required to be inserted or
published in a patent journal or other official publications may be
inserted or published in the South African Patent Journal.
(4) A trade mark registered under the South African Act shall not apply to
the geographical area of Bophuthatswana, Transkei or Venda for so long as and
to the extent that a valid registered trade mark right for the same trade mark
continues to subsist in any such geographical area, but shall extend to each
such geographical area if and when such valid right no longer subsists.
(5)(a) A proprietor of a trade mark registered in Bophuthatswana, Transkei
or Venda, respectively, may, within one year after the coming into force of
this Act, notify the Registrar of Trade Marks in writing that he or she wishes
his or her trade mark to extend to the whole of the national territory of the
Republic, subject to paragraph (b).
(b) Once such a notification has been made such a trade mark shall continue
to apply only to the geographical areas of Bophuthatswana, Transkei or Venda,
as the case may be, for as long as and to the extent that a valid registered
trade mark right for the same trade mark subsists in terms of the South African
Act, but, subject to paragraph (a), such trade mark right shall extend to the
whole of the national territory if and when such right in terms of the South
African Act does not exist.
(6) Any lawful use by any person of a trade mark commenced prior to 27 April
1994 in the geographical area of Bophuthatswana, Transkei or Venda shall not
become unlawful merely by virtue of this Act having been passed, provided that
the use is not extended outside the geographical area concerned.
Trade mark registers and records
12. The Registers of Trade Marks and records shall be transferred to and
kept in the office of the Registrar of Trade Marks.
Identification of trade marks
13. All trade marks registered and all trade mark applications filed in
terms of the Bophuthatswana Act, Transkei Act and Venda Act shall be identified
by the suffixes "(BT)", "(TR)" and "(VE)", respectively.
14. Reference to "section 53 of the repealed Act" in section 70(2) of the
South African Act shall be deemed also to be a reference to section 53 of the
Bophuthatswana Act, Transkei Act and Venda Act.
PART 6
Copyright
Application of South African Copyright Act
15. (1) The South African Act shall apply to any work-
(a) made by-
(i) any individual who at a material time was a citizen of or was
domiciled or resident in Bophuthatswana, Transkei, Venda or Ciskei;
(ii) any juristic person which at a material time was organised or
existing under the laws of Bophuthatswana, Transkei, Venda or
Ciskei-, or
(b) which-
(i) being a literary, musical or artistic work or a sound recording, was
first published in Bophuthatswana, Transkei, Venda or Ciskei;
(ii) being a broadcast, was made in Bophuthatswana, Transkei, Venda or
Ciskei;
(iii) being a programme-carrying signal, was emitted to a satellite from
a place in Bophuthatswana, Transkei, Venda or Ciskei;
(iv) being a cinematograph film, was first published or made in
Bophuthatswana, Transkei, Venda or Ciskei;
(v) being a published edition, was first published or made in
Bophuthatswana, Transkei, Venda or Ciskei;
(vi) being a computer program, was first published or made in
Bophuthatswana, Transkei, Venda or Ciskei.
(2) Any reference to South Africa or the Republic in sections 3 and 4 of the
South African Act shall be deemed also to be a reference to Bophuthatswana,
Transkei, Venda and Ciskei.
(3) The repeal of laws by section 16 does not affect any proceedings
commenced under the Bophuthatswana Act, the Transkei Act, the Venda Act or the
Ciskei Act, and such proceedings shall be continued with and concluded in every
respect as if the laws had not been repealed.
PART 7
General
Repeal of Acts
16. The laws mentioned in the Schedule are hereby repealed.
Extension of terms
17. Any act required to be performed within a specified time in any of the
Territorial Acts in respect of any proceedings relating to a patent, registered
design or trade mark or in respect of any application therefor may be performed
within that period of time or within six months calculated from the date on
which this Act comes into operation, whichever is the later: Provided that
these provisions shall not extend the due date for the payment of a renewal fee
under any Territorial Act.
Short title and commencement
18. This Act shall be called the Intellectual Property Laws Rationalisation
Act, 1996, and shall come into operation on a date fixed by the President by
proclamation in the Gazette.
SCHEDULE
Number and year of law Short title
----------------------------------------------------------
1. Bophuthatswana
Act No. 37 of 1952 Patents Act, 1952
Act No. 62 of 1963 Trade Marks Act, 1963
Act No. 63 of 1965 Copyright Act, 1965
Act No. 57 of 1967 Designs Act, 1967
2. Transkei
Act No. 37 of 1952 Patents Act, 1952
Act No. 62 of 1963 Trade Marks Act, 1963
Act No. 63 of 1965 Copyright Act, 1965
Act No. 57 of 1967 Designs Act, 1967
3. Venda
Act No. 62 of 1963 Trade Marks Act, 1963
Act No. 57 of 1967 Designs Act, 1967
Act No. 57 of 1978 Patents Act, 1978
Act No. 98 of 1978 Copyright Act, 1978
4. Ciskei
Act No. 98 of 1978 Copyright Act, 1978