CIVIL AVIATION: SUBSIDIARY LEGISLATION: CIVIL AVIATION (FEES) REGULATIONS
(section 16)
(1st August, 2004)
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation and commencement
2. Interpretation
3. Fees for certificate of registration and duplicates
4. Fees for air operator's certificate (AOC)
5. Fees for certificate of airworthiness (C of A)
6. Fees for approval of maintenance organisation
7. Fees for aircraft maintenance engineer's licence
8. Fees for flight crew licence
9. Expenses for services or inspections outside Botswana
10. Fees for air traffic controller's licence
11. Fees for licencing of aerodromes
12. Fees for temporary air service permits
13. Fees for licence to operate air services
14. Aerodrome landing fees
15. Aircraft parking fees
16. Passenger service charges
17. Penalties
18. Exemption from fees and charges
Schedule
S.I. 55, 2004,
S.I. 87, 2004,
S.I. 120, 2004.
These Regulations may be cited as the Civil Aviation (Fees) Regulations.
In these Regulations, unless the context otherwise requires—
"the Regulations" means the Air Navigation Regulations;
"special aircraft" includes balloons, powerchutes, gyrocopters and microlights; and
"weight" means the maximum total weight authorised for the aircraft in its certificate of airworthiness or the associated flight manual.
3. Fees for certificates of registration and duplicates
In respect of a certificate of registration issued under regulation 4(8) of the Regulations, or a duplicate thereof, fees shall be payable as provided in Part I of the Schedule hereto.
4. Fees for air operator's certificate (AOC)
(1) In respect of the grant of an air operator's certificate in accordance with regulation 6 of the Regulations, and such other matters as are referred to in Part II of the Schedule hereto, fees shall be payable as provided in Part II of the Schedule hereto.
(2) No part of any fee which has been paid in accordance with this regulation shall, by reason of any amendment to the certificate in question, be refunded after the certificate has been issued.
5. Fees for certificate of airworthiness (C of A)
In respect of the issue of a certificate of airworthiness, or a renewal or a validation thereof, in accordance with regulation 8 of the Regulations, and for such other matters as are referred to in Part III of the Schedule hereto, fees shall be payable as provided in Part III of the Schedule hereto.
6. Fees for approval of maintenance organisations
In respect of the approval given by the Director to a maintenance organisation, in accordance with regulation 9 of the Regulations, fees shall be payable as provided in Part IV of the Schedule hereto.
7. Fees for aircraft maintenance engineer's licence
In respect of the issue of a licence to act as an aircraft maintenance engineer, or a validation thereof, in accordance with regulation 12 of the Regulations, and for matters in connection therewith, fees shall be payable as provided in Part V of the Schedule hereto.
8. Fees for flight crew licence
In respect of the issue of a flight crew licence issued under regulation 20 of the Regulation, or a certificate of validation thereof under regulation 21 therewith, fees shall be payable as provided in Part VI of the Schedule hereto.
9. Expenses for services or inspections outside Botswana
An operator requesting services or inspection from the Department of Civil Aviation at any place outside Botswana shall bear the expenses of the Department in connection therewith, in addition to the payment of all other relevant charges.
10. Fees for air traffic controller's licence
In respect of the issue of a licence to act as an air traffic controller or as a student air traffic controller in accordance with regulation 61 of the Regulations, or for matters connected therewith, fees shall be payable as provided in Part VII of the Schedule hereto.
11. Fees for licencing of aerodromes
(1) In respect of the licensing of aerodromes in accordance with regulation 68 of the Regulations, and annual renewals thereof, fees shall be payable as provided in Part VIII of the Schedule hereto.
(2) Any costs involved in providing transport for the purpose of inspecting an aerodrome, in connection with its licensing or renewal of the licence, shall be borne by the owner or licensee of that aerodrome.
(3) Licence application fees shall be payable—
(a) for the initial processing of an application to license an aerodrome and issue of the licence thereof;
(b) if the aerodrome licence has expired; or
(c) if the owner wants to change the aerodrome licence category.
12. Fees for temporary air service permits
In respect of the grant of a non-scheduled international air service permit in accordance with the provisions of the Air Transport (Temporary Air Service Permits) Regulations, fees shall be payable as provided in Part IX of the Schedule hereto.
13. Fees for licence to operate air services
In respect of the issue, renewal or variation of a licence to operate air services into, or from, or within Botswana for the transportation of passengers, mail or cargo for hire and reward, fees shall be payable as provided in Part X of the Schedule hereto.
In respect of landing at Government aerodromes in Botswana, and in accordance with the provisions of regulation 71 of the Regulations, fees shall be payable as provided in Part XI of the Schedule hereto.
(1) In respect of parking at Government aerodromes in Botswana, fees shall be payable as provided in Part XII of the Schedule hereto.
(2) Operators or pilots of aircraft shall ensure that parking fees are paid promptly, and where no Government staff is available at the aerodrome, parking fees may be remitted to the Director within 48 hours after departure of the aircraft from the aerodrome.
(1) In respect of every departing passenger, both international and domestic, a passenger service charge shall be payable as provided in Part XIII of the Schedule hereto, which charge shall be collected by the carrier or operator at the point of sale of the relevant flight ticket and remitted to the Director.
(2) In the case of scheduled air services, the airline shall include the charge in the cost of the airline ticket, and in the case of chartered or private flights the charterer or the private operator concerned shall be responsible for the collection and payment of the full amount, which shall be the equivalent of the charge multiplied by the number of passengers on board, excluding the crew.
(3) The Director shall invoice the carrier or operator, on a monthly basis, for the full amount due.
(1) Any fee payable under these Regulations shall be paid within 30 days from the date of the invoice issued in respect thereof and failure to make such payment shall attract interest at the rate of 2 per cent per month from the due date of payment.
(2) The Director may, without prejudice to any legal action that may be taken to recover any outstanding amount, suspend or revoke any licence or permit issued under the Regulations for non-payment of any fees due under these Regulations.
(3) A person who contravenes the provisions of these Regulations shall be guilty of an offence and liable to the penalties in Regulation 83 of the Regulations.
18. Exemption from fees and charges
(1) Where the Director is satisfied that any fee payable under these Regulations would, apart from this regulation, be payable by the Government, and that such fee is not in connection with aerial work or public transport, he may exempt the Government from payment of that fee.
(2) In any case where he may consider it to be in the public interest to do so, the Director may, on application being made to him for that purpose, exempt any person from payment of any fee that would otherwise be payable in accordance with these Regulations.
SCHEDULE
FEES
PART I
Fees for Certificate of Registration and Duplicates (in Pula)
|
|
Not exceeding 5700 kg (weight) |
Exceeding 5700 kg (weight) |
|
Private aircraft |
220.00 |
440.00 |
|
Special aircraft |
600.00 |
1200.00 |
|
Aerial work |
640.00 |
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