CHAPTER 71:01
CIVIL AVIATION

ARRANGEMENT OF SECTIONS

   SECTIONS

PART I
Preliminary

   1.   Short title

   2.   Interpretation

   3.   Application of Act

PART II
Objectives, Functions and Powers of Authority

   4.   Continuation of Civil Aviation Authority

   5.   Seal of Authority

   6.   Jurisdiction of Authority

   7.   Objective of Authority

   8.   Functions and powers of Authority

   9.   Borrowing powers of Authority

   10.   Additional powers of Authority

   11.   Principles of operation

   12.   Consultation with users and departments

   13.   International agreements and obligations

   14.   Directions and delegation by Minister

PART III
The Board

   15.   Continuation of Board

   16.   Qualifications for appointment as Member

   17.   Disqualification from appointment as Member

   18.   Vacation of office and filling of vacancies

   19.   Functions and powers of Board

   20.   Meetings of Board

   21.   Quorum of Board

   22.   Co-option of other personnel

   23.   Disclosure of interest by members

   24.   Confidentiality

   25.   Committees of Board

   26.   Remuneration of Members and members of committees

PART IV
Staff of Authority

   27.   Chief Executive Officer

   28.   Duties of Chief Executive Officer

   29.   Secretary

   30.   Appointment of staff of Authority

   31.   Training of staff by Authority

   32.   Exemption from personal liability

PART V
Financial Provisions

   33.   Funds of Authority

   34.   Provision of information

   35.   Financial year

   36.   Accounts

   37.   Audit

   38.   Annual report

   39.   Business plan

PART VI
Civil Aviation

   40.   Air navigation services

   41.   Aeronautical information services

   42.   Technical services

   43.   Meteorological services

PART VII
Registration of Aircraft, Certificate of Airworthiness

   44.   Registration of aircraft

   45.   Registration system

   46.   Certificate of airworthiness

PART VIII
Air Operator Certificates

   47.   Air operator certificate

PART IX
Licensing of Pilots, Crew and Other Personnel

   48.   Licensing of pilots, crew, etc.

PART X
Air Transport Service Licences, Authorisations, Permits and Approvals

   49.   Air transport service licences

   50.   Aerial work permits

PART XI
Air Routes and Airways

   51.   Air routes and airways

PART XII
Aircraft Maintenance and Aviation Training Organisations

   52.   Certification of aircraft maintenance organisations

   53.   Certification of aviation training organisations

PART XIII
Aerodromes

   54.   Establishment of aerodromes

   55.   Private aerodromes

   56.   Public use of aerodromes

   57.   Customs, immigration and health services

PART XIV
Safety

   58.   Safety standards

   59.   Power to prevent flight

   60.   Right of access

   61.   Safety assessment of foreign air operators

   62.   Transfer of state of registry functions and duties

   63.   Land use restrictions

   64.   General control of buildings

   65.   Control of buildings near aerodromes

   66.   Closure of roads

   67.   Fire fighting and rescue services

PART XV
Aircraft Accidents and Incidents Investigations

   68.   Aircraft accidents and incidents

   69.   Establishment of Directorate of Accident Investigation

   70.   Functions of Director of Accident Investigation

   71.   Accident Investigators

   72.   Powers of Investigation

   73.   Report of investigation

   74.   Publication of Report

   75.   Privilege

   76.   Failure to cooperate during investigation

   77.   Public Inquiry

PART XVI
Charges

   78.   Charges

PART XVII
Appeals

   79.   Appeals Tribunal

   80.   Notice of Appeal

   81.   Consideration of notice of appeal

PART XVIII
Miscellaneous Provisions

   82.   Liability

   83.   Dangerous flying

   84.   Trespass by aircraft

   85.   Action for nuisance

   86.   Aircraft and spares not liable to seizure

   87.   Entity in which Authority has interest not to contravene Act

   88.   Offences

   89.   Regulations

   90.   Exemption

   91.   Powers of Minister in times of war

   92.   Acts done on Botswana aircraft outside Botswana

PART XIX
Transitional Provisions

   93.   Repeal of Cap. 71:04

Act 33, 2004,
S.I. 51, 2007,
Act 20, 2008,
S.I. 18, 2009,
S.I. 19, 2009,
Act 11, 2011,
S.I. 76, 2011.

An Act to provide for a Civil Aviation Authority, its functions and further for the control and regulation of civil aviation and to provide for matters related thereto.

[Date of Commencement: 7th October, 2011]

PART I
Preliminary
(ss 1-3)

1.   Short title

   This Act may be cited as the Civil Aviation Act.

2.   Interpretation

   In this Act, unless the context otherwise requires-

   "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 such time the person has disembarked, in which-

   (a)   a person is fatally or seriously injured as a result of-

      (i)   being in or upon the aircraft,

      (ii)   direct contact with any part of the aircraft, including parts which have become detached from the aircraft, or

      (iii)   direct exposure to jet blast,

         except where the injuries are from natural causes, self-inflicted or inflicted by some other person, or when the injuries are due to stowaways hiding outside the areas normally available to the passengers or crew; or

   (b)   the aircraft sustains damage or structural failure which adversely affects the structural strength, performance or flight characteristics of the aircraft which would normally require major repair or replacement of the affected component, except for-

      (i)   engine failure, or

      (ii)   damage which is limited to the engines, cowlings, accessories, propellers, wing tips, antennas, tyres, brakes, fairings, small dents or puncture holes in the aircraft skin, or

   (c)   the aircraft is missing or completely inaccessible;

   "Accident Investigator" means an Accident Investigator appointed under section 71;

   "aerial work" means an aircraft operation in which an aircraft is used to carry out specialised services including agriculture, construction, photography, surveying, observation and patrol, search and rescue and aerial advertisement;

   "aerodrome" means a defined area on land or water (including any buildings, installations and equipment) designed, equipped, set apart or commonly used, or affording facilities, for the arrival, departure and surface movement of aircraft;

   "AIC" means Aeronautical Information Circulars;

   "AIP" means Aeronautical Information Publications;

   "aircraft" means any machine that can derive support in the atmosphere from the reactions of the air other than reactions of the air against the earth's surface;

   "air navigation service" includes-

   (a)   communication services, ground to ground, or ground to air, provided for safety of aircraft;

   (b)   navigation services including radio, radar, satellite and visual aids to navigation;

   (c)   air traffic services provided for the safety and regularity of flight; and

   (d)   meteorological services provided for the safety and regularity of flight;

   "air route" means navigational airspace between two points and the terrain beneath such airspace identified, to the extent necessary, for the application flight;

   "air route and airway facilities" means facilities provided to permit safe navigation of aircraft within the airspace of air routes and airways by-

   (a)   visual and non-visual aids along the routes and airways;

   (b)   visual and non-visual aids to approach and landing, at airports;

   (c)   communication services;

   (d)   meteorological services;

   (e)   air traffic control services and facilities; and

   (f)   flight service services and facilities;

   "air service" means any service provided for hire and reward involving the use of an aircraft and includes an air transport service, aerial work and flight instruction;

   "airway" means a designated air route of specified width and altitudes;

   "air transport service" means any service performed by means of an aircraft for hire or reward;

   "Appeals Tribunal" means the Appeals Tribunal established under section 79;

   "assets" means any movable, immovable, corporeal or incorporeal property;

   "Authority" means the Civil Aviation Authority of Botswana continued under section 4;

   "aviation security" means human and material resources intended to safeguard civil aviation against acts of unlawful interference;

   "BARs" means the Botswana Aviation Requirements;

   "Board" means the Board of the Authority continued under section 15 of the Act;

   "Botswana aircraft" means an aircraft registered in Botswana in accordance with this Act;

   "CAPs" means Civil Aviation Publications;

   "cargo" means movable property, mail and animals;

   "Chairperson" means the Chairperson of the Board;

   "charges" means fares, rates, fees, concession monies, rentals or subscriptions, received or receivable, charged or chargeable for any licence or certificate issued, service performed or facilities provided by the Authority;

   "Chicago Convention" means the Convention on International Civil Aviation signed at Chicago on 7th December 1944, and includes any protocols amending the Convention, to which Botswana is a party, and any annexes to that Convention relating to international standards and recommended practices (SARPS) adopted in accordance with the Convention;

   "Chief Executive Officer" means the Chief Executive Officer of the Authority, appointed under section 27;

   "committee" means a committee established under section 25;

   "crew" means persons performing the duties of flight crew or cabin crew on an aircraft;

   "Director" means the Director of Accident Investigation appointed under section 69;

   "Directorate" means the Directorate of Accident Investigation established under section 69;

   "flight" means-

   (a)   in the case of a heavier than air aircraft, the operation of the aircraft from the moment at which the aircraft first moves under its own power for the purpose of taking-off until the moment at which it comes to rest after being airborne; and

   (b)   in the case of a lighter than air aircraft, the operation of the aircraft from the moment when it becomes detached from the surface of the earth or a fixed object on the surface of the earth until the moment when it becomes again attached to the surface of the earth;

   "foreign air operator" means an operator who holds an air operator certificate from a State other than Botswana;

   "foreign aircraft" means an aircraft other than a Botswana aircraft;

   "ICAO" means International Civil Aviation Organization;

   "incident" means an occurrence, other than an accident, associated with the operation of an aircraft which affects or could affect the safety of operation;

   "kite" means a tethered aircraft;

   "land" includes any estate or interest in land or an easement;

   "Member" means a member of the Board;

   "Minister" means the Minister for the time being responsible for civil aviation;

   "NOTAM" means Notices to Airmen;

   "operate" in relation to an aerodrome, includes manage, maintain, secure and improve the aerodrome;

   "operated by the Authority" means operated by the Authority in accordance with the provisions of this Act;

   "operator" in relation to an aircraft, means any person, organisation or enterprise engaged or offering to engage in an aircraft operation;

   "owner" in relation to an aircraft or aerodrome, includes the person in whose name the aircraft or aerodrome is registered or licensed, any person who is or has been in Botswana for a foreign owner, or any person by whom the aircraft or aerodrome is hired at the time;

   "private aerodrome" means an aerodrome other than an aerodrome belonging to the Authority, the Botswana Police or the Botswana Defence Force;

   "public transport" means carriage of passengers or cargo for hire or reward given or promised to be given;

   "publication" means information given in any of the following publications issued on or after the coming into effect of this Act, that is, NOTAM, AIC, AIP, BARs, Notices to Licensed Aircraft Maintenance Engineers and to Owners of Civil Aircraft, CAPs or such other official publications so issued for the purpose of giving effect to any of the provisions of this Act;

   "regulated agent" means an agent, freight forwarder or other entity who conducts business with an operator in respect of cargo, courier and express parcels or mail;

   "repealed Act" means the Civil Aviation Authority Act repealed under section 93;

   "Secretary" means the Secretary of the Authority, appointed under section 29;

   "senior employee" means any employee of the Authority who holds a position which is designated as such; and

   "serious incident" means an incident involving circumstances indicating that an accident nearly occurred.

3.   Application of Act

   (1) Subject to subsection (2), this Act shall not apply to state aircraft.

   (2) Notwithstanding subsection (1), state aircraft shall, in the interest of safety be subject to the provisions of this Act and any regulations made under this Act.

   (3) State aircraft includes-

   (a)   aircraft used or commanded by the Botswana Defence Force, the Botswana Police Service, Department of Wildlife and National Parks, Directorate on Intelligence and Security or customs service;

   (b)   aircraft used in the military, security, customs or police service of a foreign state.

PART II
Objectives, Functions and Powers of Authority
(ss 4-14)

4.   Continuation of Civil Aviation Authority

   (1) There shall continue to be a body corporate known as the Civil Aviation Authority of Botswana with a common seal, capable of suing and being sued in its own name and, subject to the provisions of this Act, of performing such acts as a body corporate may by law perform.

   (2) All rights, obligations, assets and liabilities which have accrued to the Civil Aviation Authority in terms of the repealed Act shall, upon this Act coming into force, simultaneously pass and accrue to the Authority and be dealt with in terms of this Act.

   (3) The assets referred to under subsection (2) shall include assets used in the provision of civil aviation services that were owned by the Government and vested in the Authority under the repealed Act.

5.   Seal of Authority

   (1) The seal of the Authority shall be such device as may be determined by the Authority and shall be kept by the Secretary.

   (2) The seal of the Authority shall be authenticated by the signatures of the Chief Executive Officer and the Secretary.

   (3) In the absence of the Chief Executive Officer, the person performing the functions of the Chief Executive Officer may authenticate the seal in his or her place and, in the absence of the Secretary, the person performing the functions of the Secretary may authenticate in his or her place.

   (4) The Chief Executive Officer may, in writing, delegate to another employee his or her power to authenticate the seal.

   (5) The Secretary may, in writing, delegate to another officer his or her power to authenticate the seal.

   (6) A document issued by the Authority and sealed with the seal of the Authority which seal is authenticated in the manner provided by this section shall be received and taken to be a true instrument without further proof unless the contrary is shown.

6.   Jurisdiction of Authority

   The Authority shall have jurisdiction over-

   (a)   all foreign aircraft in Botswana;

   (b)   all Botswana aircraft within or outside Botswana;

   (c)   all air navigation in Botswana;

   (d)   all aerodromes in Botswana;

   (e)   all aspects of air transport services, public transport and aerial work in Botswana;

   (f)   all aspects of aviation security in Botswana; and

   (g)   air routes, airways, air carriers, airway facilities and air navigation services in Botswana.

7.   Objective of Authority

   The objective of the Authority is to promote the safe, regular, secure and efficient use and development of civil aviation in Botswana.

8.   Functions and powers of Authority

   (1) The Authority shall be responsible for the implementation and enforcement of this Act and the regulations made by the Minister under section 89.

   (2) The Authority may, with the approval of the Minister, make bye-laws for any purpose connected with its powers, functions and duties under this Act and may impose penalties for breach of any such bye-laws not exceeding P5 000 000, or imprisonment for a term not exceeding 10 years, or to both.

   (3) In addition to its functions under subsection (1) the Authority shall be responsible for-

   (a)   advising the Government on policy matters concerning civil aviation;

   (b)   advising the Government with regard to international conventions relating to civil aviation and the adoption of measures necessary to give effect to the standards and recommended practices under those conventions;

   (c)   the licensing of air transport;

   (d)   the establishment, maintenance, development, operation and ownership of aerodromes;

   (e)   the provision of air navigation services;

   (f)   the provision of assistance and information including aeronautical information services;

   (g)   the co-ordination and direction of search and rescue services;

   (h)   the registration of aircraft;

   (i)   the safety regulation of civil aviation;

   (j)   the control of air traffic;

   (k)   the certification of operators of aircraft;

   (l)   the licensing of civil aviation personnel;

   (m)   the provision of meteorological information to aircraft;

   (n)   the publication and dissemination of bye-laws, BARs, NOTAM or any other information pertaining to civil aviation;

   (o)   establishment, development and management of training facilities for the purpose of training employees in subjects necessary for the proper performance of the Authority; and

   (p)   any other functions that may be conferred on it by the Minister or any other enactment.

9.   Borrowing powers of Authority

   (1) The Authority may, with the prior written approval of the Minister, borrow funds required for meeting its obligations and for carrying out its functions.

   (2) The Authority may borrow temporarily, by way of overdraft or otherwise, sums of money to be paid within a short period, for any urgent requirements of the Authority in the discharge of its functions.

   (3) The Authority may raise funds for the discharge of its functions by the issuing of stock, and any interest payable on any stock issued under this subsection shall be a charge upon all property, undertaking and revenue of the Authority.

   (4) For purposes of paying any loan under this section and any interest on that loan, the Authority may-

   (a)   charge the assets, undertakings and revenue of the Authority;

   (b)   issue debentures and other types of bonds; and

   (c)   do any other thing necessary to enable the Authority to meet its obligations under that loan.

   (5) The Minister for the time being responsible for finance shall, from time to time, prescribe the maximum sum that may be borrowed under this section.

10.   Additional powers of Authority

   In addition to any other powers conferred on it by this Act, the Authority may-

   (a)   delegate the performance of its duties and functions to other persons, in accordance with a written contract in this regard, except the powers delegated to it by the Minister under section 14;

   (b)   establish subsidiaries and enter into such joint ventures, partnerships and other associations with public or private institutions as it may consider necessary to enable it to conduct its affairs, perform its functions and discharge its duties;

   (c)   enter into contracts, subject to any financial limitation set by the Minister;

   (d)   acquire, hold, lease out and dispose of all types of assets;

   (e)   let or hire plant, machinery, equipment or assets acquired or required by the Authority, as the case may be; and

   (f)   appoint a body or bodies to advise it in relation to the performance of its functions.

11.   Principles of operation

   The Authority shall perform its functions in accordance with sound commercial and financial principles and shall ensure, as far as possible, that its revenue is sufficient to meet the expenditure properly chargeable to its revenue.

12.   Consultation with users and departments

   (1) In the performance of its functions and exercise of its powers, the Authority shall, where appropriate, consult with Government, commercial, industrial, consumer and other relevant bodies and organisations.

   (2) The Authority shall establish whatever consultative mechanisms it may consider necessary to secure the views of the users of the Authority's facilities and services.

13.   International agreements and obligations

   (1) The Authority shall perform its functions in a manner consistent with the obligations of Botswana under the Chicago Convention and any other agreement between Botswana and any other country related to aviation safety or the regulation of air transport services.

   (2) The Minister shall be the Aeronautical Authority for Botswana for purposes of air services agreements between States.

   (3) The Authority shall comply with all international agreements relating to civil aviation, to which Botswana is a party.

   (4) The Authority shall advise and assist the Government in its negotiations with other countries in regard to international air services originating, transiting or terminating at Botswana aerodromes and those overflying Botswana.

   (5) The Authority shall act as adviser to the Government and assist in its dealings with ICAO, the Commonwealth Air Transport Council, and other similar civil aviation bodies.

14.   Directions and delegation by Minister

   (1) The Minister may give the Authority written general directions regarding the exercise of its powers and the performance of its functions, which directions shall not be inconsistent with this Act or with the contractual or other legal obligations of the Authority, and the Authority shall give effect to any such directions.

   (2) Particulars of any directions referred to in this section shall be published in the Gazette, and included in the annual report of the Authority for the financial year in which they were given.

   (3) The Minister may delegate to the Authority any of the responsibilities conferred on him or her under this Act, except the power to make regulations.

PART III
The Board
(ss 15-26)

15.   Continuation of Board

   (1) There shall continue to be a Board of the Authority which shall be the governing body of the Authority.

   (2) The Board shall consist of-

   (a)   a Chairperson;

   (b)   not less than four but not more than eight other Members, one of whom shall be the Chief Executive Officer.

   (3) The Chief Executive Officer shall be an ex-officio member of the Board.

   (4) All Members, except the Chief Executive Officer, shall be appointed by the Minister for a maximum period of three years on such terms and conditions as may be specified in their instruments of appointment and shall be eligible for re-appointment.

16.   Qualifications for appointment as Member

   (1) A person may be appointed as a Member who is-

   (a)   a citizen of Botswana;

   (b)   lawfully resident in Botswana; or

   (c)   a non-resident of Botswana.

   (2) When appointing Members, the Minister shall ensure that the Members possess demonstrated experience and capability in a relevant discipline including, but not limited to, air transportation, industry, commerce, finance, law, engineering or government.

17.   Disqualification fro

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