Defence Act, 2002 (Act No. 42 of 2002)
R 385
Civil Aviation Act, 2009 (Act No. 13 of 2009)Chapter 6Part 1 : Civil Aviation Authority73. Functions of Civil Aviation Authority |
| (1) | The Civil Aviation Authority has the function of conducting the safety and security oversight of civil aviation in the Republic by— |
| (a) | developing and promoting appropriate, clear and concise regulatory requirements, and technical aviation safety and security standards; |
| (b) | developing effective enforcement strategies to ensure compliance with aviation safety and security standards; |
| (c) | issuing certificates, licences, registrations and permits; |
| (d) | conducting comprehensive aviation industry surveillance, including assessment of safety and security related decisions taken by industry management at all levels for their impact on aviation safety and security; |
| (e) | overseeing and regulating the flight inspection of navigational aids to aviation; |
| (f) | conducting regular reviews of the system of civil aviation safety and security in order to— |
| (i) | monitor the safety performance of the aviation industry; |
| (ii) | identify safety and security related trends and risk factors; and |
| (iii) | promote the development and improvement of the system; |
| (g) | conducting regular and timely assessment of international safety and security developments; |
| (h) | formulating and approving supporting regulations and technical standards through a consultative process with the aviation industry in terms of section 156 of this Act; |
| (i) | monitoring, implementing and enforcing the National Aviation Security Program (NASP); |
| (j) | the review and ensurance of the adequacy of security programs and associated documentation produced by airports, air service operators and cargo operations, monitoring their implementation to ensure continuing effectiveness and incorporation of amendments as required; |
| (k) | the enhancement of aviation security by the development and dissemination of progressive administrative and technical practices, promoting their use by security services, airport administrations and air service operators; |
| (l) | the formulating of a national aviation disaster plan; |
| (m) | encouraging a greater acceptance by the aviation industry of its obligation to maintain high standards of aviation safety and security, through— |
| (i) | comprehensive safety and security education and training programs; |
| (ii) | accurate and timely aviation safety and security advice; and |
| (iii) | fostering an awareness in industry management, and within the community generally, of the importance of aviation safety and security and compliance with relevant legislation; and |
| (n) | promoting communication with all interested parties on aviation safety and security issues. |
| (2) | In addition to the functions referred to in subsection (1) the Civil Aviation Authority has the following functions: |
| (a) | Advise the Minister on matters associated with any action or condition which— |
| (i) | is capable of causing any actual or potential threat of harm or damage to persons or property; |
| (ii) | the Minister refers to the Civil Aviation Authority; and |
| (iii) | the Civil Aviation Authority considers necessary in the furtherance of its objects; |
| (b) | for purposes of this Act, act as the national competent authority in connection with aviation transportation; |
| (c) | to administer this Act and the Acts mentioned in Schedule 5 and 6; |
| (d) | to recommend to the Minister the introduction or amendment of civil aviation safety and security legislation; |
| (e) | to make recommendations to the Minister in respect of the conclusion of any international agreement with other States, Governments or international organisations; |
| (f) | to perform any other functions conferred on it by or under any other law; |
| (g) | to execute an order issued in terms of section 100; |
| (h) | to implement any mutual agreements and Conventions; |
| (i) | to perform any other functions as prescribed; |
| (j) | to promote the development of South Africa's civil aviation safety and security capabilities, skills and services for the benefit of the South African community; |
| (k) | to provide consultancy and management services relating to this Act, both within and outside the Republic; |
| (l) | to perform any functions incidental to any of the functions specified in this section; |
| (m) | to investigate aircraft accidents and aircraft incidents that the Aviation Safety Investigation Board has determined not to investigate in terms of Chapter 4 and for purposes of regulatory compliance with this Act; and |
| (n) | to perform its functions in the most cost-efficient and cost-effective manner and in accordance with section 195 of the Constitution in order to achieve the 55 objects as referred to in section 72. |
| (3) | The Civil Aviation Authority may perform its functions outside the Republic when it is necessary in order to achieve the objects under this Act. |
| (4) | The functions of the Civil Aviation Authority as contemplated in subsection (1) and (2) must be performed by the Director and staff appointed by the Director. |
