Act No. 16 of 1923. (Date of commencement-1st July, 1924) 1 ACT To enable effect to be given to the International Convention for regulating air navigation, and to make provision for the control, regulation and encouragement of flying within the Union and for other purposes incidental thereto. (Assented to 21st May, 1923) (Signed by the Governor-General in English) BE IT ENACTED by the King's Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows: ADOPTION OF INTERNATIONAL AIR CONVENTION 1. The International Convention for determining, by a common 'agreement between the Powers and States signatory to that Convention, certain uniform rules with respect to International Air Navigation, is, together with the additional protocol to that Convention, hereby adoped. The terms of the Convention and additional protocol thereto, are set out in the Schedule to this Act. POWER TO CARRY OUT AND APPLY CONVENTION 2. The Governor-General may (a) issue such proclamations as appear to him necessary for carrying out the Convention, and for giving effect thereto or to any of the provisions thereof; (b) do all things necessary to ratify or cause to be ratified on behalf of the Union of South Africa, any amendments of or additions to the Convention which may from time to time be made and, by proclamation in the Gazette, declare that the amendments or additions so ratified shall be observed and have the force and effect of law in the Union: Provided that copies of any amendments or additions so ratified or proclaimed shall be laid upon the Tables of both Houses of Parliament within fourteen days after their publication in the Gazette if Parliament is then in session or, if Parliament is not then in session, within fourteen days after the commencement of its next ensuing session; (c) by proclamation in the Gazette, declare that any of the provisions of the Convention shall, with such modifications or adaptations and such consequential and supplementary provisions as may be necessary or expedient, apply also to air navigation within the limits of the Union. 1 See Proclamation No. 140, published in Government Gazette of 27th June, 1924, supplement. Regulations 3. (1) The Governor-General may make regulations relating to all or any of the following matters or things, namely (a) the carrying out of, and giving effect to, the provisions of the Convention; (b) the safety and security of persons and property and the prohibition of flying at such heights or in such manner as is deemed to be dangerous to life and property; (c) the licensing, inspection, and regulation of aerodromes or other places set apart for the use of aircraft; the scales of charges at licensed aerodromes or at aerodromes established and maintained under the powers of section six; the licensing or certificating of persons employed at aerodromes in the inspection or supervision of aircraft; the registers and records to be kept at such aerodromes and the manner in which they shall be kept; prohibiting or regulating the use of unlicensed aerodromes; access to aerodromes and places where aircraft have landed and access to aircraft factories for the purpose of inspecting the work therein carried on; (d) the manner and conditions of the issue and renewal of any certificate or license required under this Act or under the Convention, including the examination and tests to be undergone and the form, custody, production, cancellation, suspension, endorsement and surrender of any such certificate or license; (e) the keeping and form of the register of union aircraft; (f) the conditions under which aircraft may pass, or goods or passengers may be conveyed by aircraft into, within or from the Union; (g) the areas within which, or the aerodromes at which, aircraft coming from any place outside the Union shall land, and the areas within which or the aerodromes from which aircraft shall depart to any place outside the Union; (h) the exemption from any of the provisions of this Act or of the Convention, of aircraft flown for experimental purposes, or any other aircraft, or any persons, where it appears unnecessary that such provisions should apply; (i) the fees to be paid in respect of the grant of any certificate or license or otherwise for the purposes of this Act, or of the Convention; (j) the control of aerial lighthouses and lights at or in the neighbourhood of aerodromes and aerial lighthouses; (k) the signals which may be made by aircraft and persons carried therein; (1) measures for preventing aircraft flying over prohibited areas or entering or leaving the Union in contravention of any provision of this Act; (m) the prevention of nuisances arising out of air navigation or aircraft factories, aerodromes, or other aircraft establishments; (n) the persons by whom accidents shall be notified, the procedure to be followed in notifying accidents and in holding accident enquiries; (o) prohibiting, pending investigation, access to or interference with aircraft to which an accident has occurred, and authorizing any person, so far as may be necessary for the purposes of an investigation, to have access to, examine, remove, take measures for the preservation of, or otherwise deal with, any such aircraft; (p) authorizing or requiring the cancellation, suspension, endorsement, or surrender of any license or certificate granted under this Act where it appears on an investigation that the license ought to be cancelled, suspended, endorsed, or surrendered, and authorizing or requiring the production of any such license for the purpose of being dealt with, and generally for the better carrying out of the objects and purposes of this Act, the generality of this provision not being limited by the particular matters provided in the preceding paragraphs of this sub-section. (2) Any regulations made under this Act may prescribe penalties for the contravention thereof or failure to comply therewith and the mode of enforcing such penalties, and may also impose different penalties in case of a second or subsequent contravention or noncompliance, but no such penalty shall exceed the penalties mentioned in section sixteen. APPOINTMENT AND FUNCTIONS OF CIVIL AIR BOARD 4. (1) The Governor-General may appoint a civil air board consisting of not more than seven persons, designate the chairman thereof, and make regulations for the conduct of the business of the board and other matters relating thereto. (2) The board shall act in an advisory capacity and advise the Minister as to (a) regulations to be made under this Act; (b) matters arising out of the application to the Union of the Convention and the rules made under the Convention; (c) the encouragement and development of flying in the Union; (d) proposals for the establishment of aerial goods, mail and passenger services within the Union and between the Union and adjoining territories; and as to such other matters connected with flying and aeronautics as may be referred to the board by the Minister. SPECIAL POWERS IN CASE OF EMERGENCY 5. (1) In time of war, whether iminent or actual, or within six months after a state of war has ceased to exist, or in time of great national emergency, the Governor-General may (a) by proclamation in the Gazette, declare that the Union or any portion of the Union including the territorial waters thereof, shall be a restricted area for the purpose of this section; (b) issue orders and instructions in respect of any restricted. area or part thereof— (i) regulating, restricting or prohibiting the navigation of all or any description of aircraft; (ii) providing for taking possession of and using for the purposes of the Union Defence Forces or other His Majesty's Forces, any aerodrome or landing ground, or any aircraft, machinery, plant, material or things found therein or thereon, subject to the payment of compensation in like manner as if the possession and use had been taken under powers conferred by the South African Defence Act, 1912; (iii) regulating, restricting or prohibiting the use, erection, building, maintenance or establishment of any aerodrome, flying school, or landing ground, or any class or description thereof; (c) assign to any person in respect of any restricted area any of the powers set forth in paragraph (b) of this sub-section. (2) Any person to whom is assigned the duty of carrying out and giving effect to orders and instructions issued under this section, is hereby empowered to take all steps which are reasonable and necessary to secure compliance therewith, and no action for damages or compensation shall lie against the Government or any such person for any loss or damage sustained on account of such steps having been taken, nor, save as is otherwise in this section provided, shall any compensation be payable by reason of the operation of any order or instruction made under this section. (3) Any person who refuses or, without good and proper cause, fails to comply with any order or instruction made or given under or by virtue of this section, or who obstructs any person charged with the duty of carrying out and giving effect to any such order or instruction, shall be guilty of an offence and liable on conviction to a fine not exceeding five hundred pounds, or to imprisonment for one year without the option of a fine or to both such fine and imprisonment. ESTABLISHMENT AND MAINTENANCE OF AERODROMES BY GOVERNMENT 6. The Governor-General may, out of moneys to be appropriated by Parliament for the purpose, establish and maintain aerodromes and provide and maintain roads and approaches thereto, and apparatus and equipment therefor; and may for the purpose acquire land, and interests in and rights to and over land. The provisions of section eighty-seven of Act No. 13 of 1912 shall, if necessary, apply as if the acquisition were for defence purposes. LICENSING AND REGISTRATION OF AERODROMES 7. (1) No place or building shall be used as a public aerodrome unless it has been registered and licensed under this Act, or approved by a duly prescribed authority. (2) For the purpose of this section, "public aerodrome" means any aerodrome at which charges are levied for the landing or housing of aircraft, or at which aircraft carrying passengers or goods for hire, land or depart. (3) There shall be kept at every licensed aerodrome a copy of this Act, the rules made under the Convention and all regulations for the time being in force in the Union, and any person may, on application to the person in charge of the aerodrome, inspect such copy free of charge at all reasonable times. |