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 Commencement: 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 (Cap. 42:01);

    "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;

    "licensee" means the holder of an air transport licence;