Air Services Act [Chapter 13:01]

 

Chapter 13:01

Air Services Act

Acts 35/1968, 21/1973 (s. 70), 41/1978 (s. 22), 15/198, 4/1998 (s. 10), 22/2001 (s. 4); S.I. 583/1979.

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title.
3. No air service or group charter except under permit. PART II

AIRSERVICES BOARD

4. Establishment of Board and appointment of assessors and secretary.
5. Term of office of members who are not civil servants.
6. Disqualification for appointment as member.
7. Vacation of office by member.
8. Meetings and proceedings of Board.
9. Members to declare certain interests.
10. Validity of Board’s decisions and acts.
11. Advisory functions of Board.
12. Inquiries by Board.

PART III

ISSUE, RENEWAL, TRANSFER AND AMENDMENT OF PERMITS AND GRANT OFEXEMPTIONS

13. Interpretation in Part III.
14. Powers of Board in relation to permits and exemptions.
15. Temporary permits.
16. Publication of applications for ordinary permits.
17. Applications for ordinary permits: objections.
18. Applications for ordinary permits: holding of inquiries.
19. Manner of performance by Board of functions referred to in section 14 (1) (a).
20. Permits open to inspection.

PART IV

REVOCATION, SUSPENSION AND VARIATION OF PERMITS AND EXEMPTIONS

21. Revocation, suspension and variation of permits and exemptions: inquiries.
22. Notice of inquiry.
23. Board may revoke or vary permit or exemption.
24. No refund of fees.

PART V

MISCELLANEOUS

25. Permits to continue if application made for renewal.
28. Emergency powers.
31. Offences and penalties.

 

 

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Air Services Act [Chapter 13:01].

                       2    Interpretation

In this Act—

“air carrier” means a person who operates an air service to, from or within Rhodesia;

“air service”—

(a)   means a service performed by means of an aircraft for payment or material advantage on one or more occasions; and (b)       includes—

• the letting out on hire of an aircraft with or without pilot or crew; or
• a service for the carriage of passengers or cargo performed by means of a vehicle, other than an aircraft, which—
  1. is ancillary to and directly connected with an air service; and
  2. is declared by the Minister, by notice published in the Gazette, to be an air service for the purposes of this Act or any specified provision thereof; “Air Zimbabwe Corporation” ….

[Definition repealed by section 10 of Act 4 of 1998]

“application” means an application for—

• the issue, renewal, transfer or amendment of a permit; or
• the grant of an exemption; as the case may be;

“Board” means the Air Services Board established under section four;

“chairman” means the chairman of the Board;

“condition”, in relation to a permit or exemption, includes the period of validity thereof;

“exemption” means an exemption granted under paragraph (c) of subsection (1) of section fourteen;

“group charter” means the taking on hire of an aircraft or part of an aircraft by, for or on behalf of a group or groups of seven or more persons for the transportation of those persons, with or without their personal baggage, irrespective of whether such transportation is to, from, within or wholly outside Zimbabwe, but does not include the taking on hire of the entire capacity of an aircraft by, for or on behalf of a group of persons who are all related to one another;

“group charter permit” means a permit referred to in paragraph (b) of subsection (1) of section three;

“inquiry” means an inquiry referred to in section twelve;

“member” means member of the Board;

“Minister” means the Minister of Transport and Energy or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“objection” means an objection to an application for an ordinary permit;

“ordinary permit” means a permit other than a group charter permit, provisional permit or temporary permit;

“permit” means a permit issued under this Act;

“provisional permit” means a permit issued under paragraph (b) of subsection (1) of section fourteen; “Secretary” means the Secretary of the Ministry for which the Minister is responsible; “temporary permit” means a permit issued under section fifteen.

                       3    No air service or group charter except under permit

(1) Subject to subsection (3), no person shall—

• provide an air service to, from or within Zimbabwe, except in accordance with an ordinary, temporary or provisional permit; or
• organize, procure or arrange a group charter, except in accordance with a group charter permit.
• For the purposes of paragraph (a) of subsection (1), the letting out on hire of an aircraft shall be deemed to be an air service provided to, from or within Zimbabwe, as the case may be, if in pursuance of such hire the aircraft is, or is to be, flown to, from or within Zimbabwe.
• Subsection (1) shall not apply in relation to—
• such aircraft as may be prescribed; or
• any aircraft of a country other than Zimbabwe which, in the exercise of a right conferred by a treaty or agreement to which the State adheres, makes a flight into or in transit non-stop across or a stop in Zimbabwe in accordance with that treaty or agreement; or