CHAPTER 71:03
CIVIL AVIATION REGULATION (REFORM)

 

ARRANGEMENT OF SECTIONS

 

   SECTION

 

PART I
Preliminary

 

   1.   Short title and commencement

 

   2.   Interpretation

 

   3.   When body corporate may be deemed to be effectively controlled by a person

 

   4.   When air service provider may be deemed to be owned by national

 

   5.   Limitation on equity ownership

 

 

 

PART II
Domestic and international air routes

 

   6.   Domestic air transport licence

 

   7.   Effect of air transport licence

 

   8.   Licensing of air routes after exclusivity period, etc.

 

   9.   Air Botswana to be sole designated airline during exclusivity period

 

 

 

PART III
Tariff cap mechanism

 

   10.   Increases in maximum tariff

 

   11.   Licensee may charge less than maximum tariff

 

   12.   Application of tariff cap mechanism

 

 

 

PART IV
Miscellaneous provisions

 

   13.   Monitoring compliance with the Act

 

   14.   Appeals

 

   15.   Offences and penalties

 

   16.   Regulations

 

 

 

      Schedule

 

 

Act 15, 2003.

An Act to reform the regulation of scheduled air transport services

[Date of Assent: 27th August, 2003]

[Date of Commencement: On Notice]

PART I
Preliminary (ss 1-5)

 

1.   Short title and commencement

   This Act may be cited as the Civil Aviation Regulation (Reform) Act, and shall come into operation on such date as the Minister may, by Order published in the Gazette, appoint.

 

2.   Interpretation

   In this Act, unless the context otherwise requires -

   "Air Botswana" means Air Botswana as registered under the Companies Act;

   "air transport licence" means a licence issued by the Regulator, granting an operator the authority to carry passengers, mail or cargo, by air, for hire or reward, on such scheduled air transport services, and subject to such conditions, as may be specified in the licence;

   "closing date" means the date when all or part of Air Botswana's equity is first owned by a person other than the Government;

   "exclusivity period" means the period commencing on the closing date and ending on the fifth anniversary of the closing date;

   "IATA" means the International Air Transport Association;

   "Independent Regulator" means the independent body responsible for the economic regulation of civil aviation, that may be established;

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