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Airports Company Act, 1993 (Act No. 44 of 1993)

13. Sale or closure of aerodrome or curtailment of relevant activity

 

(1) When the company intends—
(a) to close or sell any aerodrome contemplated in section 6(1)(a); or
(b) to terminate or substantially curtail a relevant activity which was performed by the Department or any person on behalf of the Department immediately prior to the transfer date at any such aerodrome,

the company shall give written notice to the Minister of that intention and at the same time submit a copy of the notice to the Regulator.

[Section 13(1) substituted by section 2(4) of Schedule 1: Consequential Amendments of the Economic Regulation of Transport Act, 2024, Notice No. 4958, GG50799 dated 11 June 2024]

 

(2) The Minister—
(a) shall consider and evaluate the implications of the intended action of the company mentioned in subsection (1) for—
(i) the transport system of the Republic;
(ii) the users of the said aerodrome or relevant activity;
(iii) the community or region which the said aerodrome serves; and
(iv) any other affected institution or person; and
(b) may request advice from the Transport Economic Regulator, in terms of the Economic Regulation of Transport Act, 2020, regarding any action that the Minister may take in terms of subsection (3) or (4).

[Section 13(2) substituted by section 2(4) of Schedule 1: Consequential Amendments of the Economic Regulation of Transport Act, 2024, Notice No. 4958, GG50799 dated 11 June 2024]

 

(3) The company shall not, unless agreed to by the Minister with the concurrence of the Shareholding Minister, take any action contemplated in subsection (1) unless it has indicated at least three financial years prior to taking such action, its intentions in that regard.

 

(4) The Minister may, with the concurrence of the Shareholding Minister and the Minister of Finance, compensate the company from moneys appropriated by Parliament for the continued operation of an aerodrome or carrying on of a relevant activity contemplated in subsection (1).

[Section 13(4) substituted by section 13(b) of Act No. 2 of 1998]