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South African Civil Aviation Authority Levies Act, 1998 (Act No. 41 of 1998)

2. Levies

 

(1) The Authority may make determinations subject to subsections (2), (5) and (6)—
(a) imposing levies on participants and specifying the persons by whom, and the times when, such levies are payable; and
(b) fixing penalties for the purposes of subsection (7).

 

(2) The Authority must give the Minister notice in writing of a proposed determination before making a determination in terms of subsection (1)—
(a) specifying the day from which the determination is intended to operate;
(b) if it imposes a levy or fixes a penalty, specifying the basis of such levy or penalty; and
(c) if it varies a levy or penalty, specifying the reason for the variation.

 

(3) The Minister, acting in consultation with the Minister of Finance in the national sphere of government, must within a period of 60 days after receiving a notice contemplated in subsection (2), in writing give the Authority notice approving or not approving the proposed determination, and in the case of not approving that determination, also give reasons for his or her decision.

 

(4) A notice by the Minister contemplated in subsection (3) disapproving a proposed determination may recommend an alternative determination.

 

(5) The Authority may make a determination under subsection (1) only—
(a) after the Minister has approved that determination; or
(b) if the Minister has failed to give notice to the Authority within 60 days as contemplated in subsection (3).

 

(6) A determination made in terms of subsection (1) must be published in the Gazette at least 30 days before the commencement of that determination.

 

(7) The power to make a determination in terms of subsection (1) includes the power to amend or withdraw a determination.