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Civil Aviation Act, 2009 (Act No. 13 of 2009)

Chapter 4

Part 1 : Aircraft Accidents and Aircraft Incidents, Establishment of Aviation Safety Investigation Board in Compliance with Convention, Jurisdiction of Aviation Safety Investigation Board and Objects of Aviation Safety Investigation Board

13. Coordination of investigations and remedial actions

 

(1) Where, at any time during an investigation into an aircraft accident or aircraft incident under this Act, a department other than the Department of Defence investigates that aircraft accident or aircraft incident, or undertakes remedial measures with respect to that aircraft accident or aircraft incident, the Aviation Safety Investigation Board and such department must take all reasonable measures to ensure that their activities with respect to that aircraft accident or aircraft incident are coordinated.

 

(2) Where conflicting interests arise between the Aviation Safety Investigation Board and a department in coordinating their activities pursuant to subsection (1), the requirements and interests of the Aviation Safety Investigation Board, subject to subsection (3) and any agreement entered into under section 27, take precedence and are paramount to the extent of the conflict.

 

(3) No item in subsection (2) gives the requirements and interests of the Aviation Safety Investigation Board precedence over those of the South African Police Service, or prevents a department from taking emergency remedial measures under any other legislation.

 

(4) Where an aircraft accident or aircraft incident referred to in subsection (1) is being investigated by the Aviation Safety Investigation Board, the Department of Defence, the South African Police Service or a visiting force, the Aviation Safety Investigation Board and the Minister of Defence must take all reasonable measures to ensure that the investigations are coordinated.