South African Maritime and Aeronautical Search and Rescue Act

1. In this Act, unless the context indicates otherwise, any word or expression to which a meaning is ascribed in the Conventions bears the same meaning and- 5 and recommended 15 “aircraft” means any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface; “Department” means the Department of Transport; “Director-General” means the Director-General: Transport; “executive committee” means the executive committee of SASAR contemplated 10 in section 5(2)(a); “head of SASAR” means an official of the Department appointed in terms of section 5(7)(a); “International Civil Aviation Organisation” means the specialised agency of the United Nations responsible for formulating standards practices for the purposes of civilian international air transport, established in terms of Article 43 of the Convention on International Civil Aviation, in Chicago on 7 December 1944; “International Maritime Organisation” means the specialised agency of the civilian maritime 20 United Nations responsible for formulating standards for transport and for the safety of life at sea, established in terms of the Convention on International Maritime Organisation, in Geneva on 6 March 1948; “Minister” means the Minister of Transport; “person” includes any institution or organisation equipped to assist in a search and rescue operation, an organ of state, a government and an agency of the government 25 of a foreign country; “prescribed” means prescribed by regulation; “rescue” includes the provision of the initial medical rescued; “rescue co-ordination centre” means an institution responsible for promoting the 30 efficient organisation of search and rescue services and for co-ordinating conduct of search and rescue operations within a search and rescue region; “rescue subcentre” means a suitably appointed unit tasked to carry out duties of a rescue co-ordination centre in instances where the rescue co-ordination centre cannot exercise direct and effective control over search certain parts of a search and rescue region; “SASAR” means the South African Search and Rescue Organisation established by section 4; and rescue facilities in 35 treatment of a person the

4 No. 24248 GAZETTE, GOVERNMENT Act No. 44,2002 SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT, 2002 15 JANUARY 2003 “search and rescue region” means a region contemplated in section 11 (l)(c) in is effected by a single which the co-ordination of search and rescue operations rescue co-ordination centre; “the Conventions” means- ( a ) the International Convention on Maritime Search and Rescue adopted on 27 April 1979 by the Maritime Safety Committee of the International Maritime Organisation; and (b) Annex 12 to the Convention on International Civil Aviation adopted on 7 5 December 1944 at Chicago; regulations; the “this Act” includes “vessel” means any water-navigable craft of any type, whether self-propelled or not. 10 Principal objects of Act 2. (1) The principal objects of this Act are to- (a) incorporate the Conventions and South law; Africa into ( b ) establish the South African Search and Rescue Organisation to act on behalf the application of the of the Department as the authority responsible for Conventions as well as other conventions binding on the Republic regarding maritime and aeronautical search and rescue operations. 1s (2) For purposes of subsection ( l ) ( b ) the expression “other conventions’’ includes- 90 ( a ) the Convention on the High Seas, 1958: and (b) the International Convention for the Safety of Life at Sea, 1974. Incorporation of Conventions 3. (1) The Conventions contained in Schedules 1 and 2 are hereby enacted into law in the Republic. 25 (2) ( a ) Subject to paragraph (b), the Minister may from time to time by notice in the Gazerre amend Schedules 1 and 2 to reflect any changes made to the Conventions by the International Maritime Organisation or the International Civil Aviation Organisation, as the case may be. (b) The Minister may only amend Schedules 1 and 2 if the changes made by the two 30 Organisations are binding on the Republic in terms of section 231(2) of the Constitution or are self-executing as contemplated in section 231 (4) of the Constitution. Establishment and object of South African Search and Rescue Organisation 4. (1) The South African Search and Rescue Organisation is hereby established. (2) (a) The object of SASAR is to ensure a co-ordinated and effective maritime and 3 5 aeronautical search and rescue service within regions. the South African search and rescue ( b ) Any person appointed in terms of this Act or concerned with the carrying out of the provisions thereof must perform his or her functions pursuant to the object of SASAR. Composition of SASAR 30 5. (1) SASAR is made up of representatives from those government departments and commercial and voluntary organisations which are signatories to the SASAR manual. contemplated in section 15, and which are able to contribute services and facilities for use by SASAR, including representatives of- (a) the Department; (b) the South African Maritime Safety Authority; (c) the South African Civil Aviation Authority; (d) the Air Traffic and Navigation Services Company Limited; (e) cfl the South African Police Service; (8) the National Port Authority; the South African National Defence Force; 35 so 6 GAZETTE. GOVERNMENT No. 24248 Act No. 44,2002 SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT. 2002 15 JAKUARY 200.3 ( h ) the Department of Provincial and Local Government. (2) SASAR has- (a) an executive committee; (6) a maritime committee; and (c) an aeronautical committee. (3) The executive committee consists of- (a) the persons appointed in terms of subsection (7): and ( 6 ) if necessary, such other members as may be nominated by the head of SASAR, and appointed by the Director-General either permanently or on an ad hoc basis. 5 10 (4) The executive committee must- ( a ) determine and put into effect the policy of SASAR; and (b) determine the size and composition of the other committees of SASAR depending on the areas of speciality of the different members of SASAR. (5) The maritime and the aeronautical committees must assess the policy of SASAR 15 and make recommendations necessary. to the executive committee whenever any change is (6) The executive committee is accountable to the Minister and the other committees of SASAR are accountable to the executive committee. (7) The Director-General must appoint suitable persons from among the members of 20 SASAR to serve as- ( a ) the head of SASAR, who is the chairperson of the executive committee and responsible for search and rescue operations by SASAR; (b) the head of aeronautical search and rescue operations who is the chairperson (cl of the aeronautical committee; the head of maritime search and rescue operations. who is the chairperson of the maritime committee. 25 (8) The different heads contemplated in subsection (7) must ensure that search and down standards and rescue operations are conducted in accordance with laid recommended practices as reflected in the SASAR Manual and as considered the norm 30 in terms of international agreements. Functions of SASAR 6. (1) SASAR must within its means and capabilities co-ordinate its resources t o - (a) search for. assist and, where appropriate, effect a rescue operation for- of aircraft crashes or forced landings; (i) survivors (ii) the crew and passengers of vessels in distress; (iii) survivors of maritime accidents or incidents: and (iv) survivors of any military aircraft or vessel accident or incident if such 35 aircraft or vessel is not engaged in an act of war: and (6) co-ordinate the evacuation of a seriously injured or ill person from a vessel at 40 sea where the person’s condition is such that he or she must obtain medical treatment sooner than that vessel would be able to get him or her to a suitable medical facility. (2) The functions set out in subsection ( l ) ( a ) exclude salvage operations. (3) SASAR, with the concurrence ofthe Minister, may call on any provider of a public 45 switched telecommunication service as contemplated in the Telecommunications Act, 1996 (Act No. 103 of 19961, or the entity contemplated in section 41( 11) of that Act. to lease or otherwise make available telecommunication facilities. (4) SASAR must perform its functions economic and effective use of all resources. in a manner which promotes efficient. (5) In performing its functions, SASAR must endeavour to co-operate with disaster management agencies established in terms of any law providing for the management of disasters. (6) SASAR may perform its functions outside the Republic. Meetings of SASAR 50 55 8 No. 24248 Act No. 44,2002 G4ZETTE. GOVERNMENT 15 JANU.AR1’ 2003 SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT, 2002 (b) (c) discuss discuss possible proposals to the Minister regarding amendments to this Act: or any other matter which the executive committee deems necessary. (2) The head of SASAR must preside at any meeting of SASAR. (3) The executive committee must determine the rules of procedure at any meeting of SASAR. Meetings of committees 5 8. (1) The first meeting of any committee of SASAR after the commencement of this Act must be held at the time and place determined by the Director-General and all meetings thereafter must be held at the times and places that the committee determines. (2) The chairperson of a committee may at any time call a special meeting of the 10 committee to be held at the time and place determined by the chairperson. (3) All members of a committee must be notified in writing of any meeting of that committee. (4) A majority of the total number of members forms a quorum at any meeting of a committee and a decision agreed on by a majority of the members present at a duly 15 constituted meeting of a committee is a decision of that committee. (5) In the event of an equality of votes on any matter. the chairperson of the relevant meeting has a casting vote in addition to a deliberative vote. (6) The chairperson of a committee must designate a person to act as chairperson if he act to unable is she or as chairperson. 70 (7) Each committee must meet at least twice a year. Personnel

9. All administrative work in connection with the performance of the functions of SASAR must be carried out by officers in the Department designated for that purpose by the Director-General. 25 Search and rescue regions 10. (1) The Minister must, by notice in the Gazette as well as in relevant maritime and aeronautical publications, publish the search and rescue regions within which search and rescue services will be provided. (2) The search and rescue regions contemplated in subsection (1) must cover the area 30 of responsibility of the Republic Organisation and the International Maritime Organisation. laid down by the International Civil Aviation Rescue co-ordination centres and subcentres 11. (1) Subject to subsection ( 2 ) , the Minister must designate- (a) organisations or institutions to act as maritime or aeronautical rescue 35 co-ordination centres; (6) organisations or institutions to act as maritime or aeronautical rescue subcentres under the auspices of rescue co-ordination centres; (c) a maritime or aeronautical search and rescue region for which each rescue responsible; is centre co-ordination and (d) organisations or institutions to act as registrars and custodians of registers of emergency beacons contemplated in section 17. (2) Any designation contemplated in subsection (1) must be- (a) done in accordance with an agreement reached with the applicable organisation or institution; and 40 45 (b) published by the Minister by notice in the Gazerre as well as in relevant maritime and aeronautical publications. (3) The organisations or institutions designated in terms of subsection (l)(a) and (b) must, with the concurrence respective of the executive committee of SASAR, appoint their chiefs. SO (4) Each chief of a rescue co-ordination centre or rescue subcentre must establish and to discuss, evaluate and effect operational an operational committee preside over procedures. 10 No. 24248 Act No. 44,2002 GOVERNMENT GAZETTE. 15 JANUARY 2003 SOUTH AFRICAN .MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT, 2002 (5) Operational committees must consist of persons representing organisations available to that rescue co-ordination centre or rescue controlling the resources subcentre. Functions of rescue co-ordination centres and subcentres 12. ( 1 ) A chief of a rescue co-ordination centre or any person authorised by him or her 5 is responsible for co-ordinating available resources for the purpose of searching. assisting and, where appropriate, effecting a rescue operation in its search and rescue region. (2) A chief of a rescue subcentre must support the chief of a rescue co-ordination centre in carrying out assigned duties in a particular area or instance. (3) The designation of a search and rescue region contemplated in section 1 1 (I)(c) does not preclude a rescue co-ordination centre from- ( a ) operating in another region; or ( 6 ) performing the tasks of another rescue co-ordination centre. vessels Requisitioning of aircraft and 10 15 13. (1 ) Subject to subsection (2), the Minister may for purposes of any aeronautical or maritime search and rescue operation- (a) requisition any civil aircraft or vessel; ( b ) request the assistance of any military aircraft or vessel; or (c) instruct any holder of a South African aircraft flight crew licence or the master 20 of a vessel to assist in the operation. ( 2 ) In a case where the Minister contemplates requisitioning a civilian aircraft or vessel or instructing a civilian holder of a South African aircraft flight crew licence or the master of a vessel, the Minister may do so only if- and (a) human life is in immediate and grave danger; (b) there are no other means available to conduct the operation. ( 3 ) Any person who. without lawful reason, fails to give effect to a requisition or to comply with an instruction contemplated in subsection (1) is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years. Recovery of certain expenses 15 30 14. (1) If any search and rescue operation is undertaken by SASAR in connection with any occurrence caused by the unlawful act or omission of any person, the Minister may recover from that person the whole or any portion of the expenses incurred by SASAR in connection with that operation. (7) The Minister may, after having recovered the expenses contemplated in subsection 35 ( l ) , compensate any person who has incurred any loss or damage as a result of the operation. SASAR manual, and responsibilities of signatories thereto 15. (1) SASAR must compile a manual regarding search and rescue services and operations and matters connected therewith and keep that manual up to date. 40 ( 2 ) The responsibilities of the signatories to the SASAR manual contemplated in section 5( 1) must be set out in the manual and be executed in accordance with it. Search and rescue measures regarding aircraft and vessels 16. ( 1 ) Subject to this Act, any search and rescue action must be undertaken in accordance with the SASAR manual. (2) Where an aircraft has failed to reach its destination or is reported missing, SASAR must forthwith institute search and rescue action if the flight plan was filed prior to departure and the flight in question was- 35 12 No. 24248 Act No. 44,2002 GAZETTE. GOVERNMENT 15 JANUARY 200.4 SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT. 2002 (a) between aerodromes where air tra5c services are provided. unless otherwise indicated on the flight plan or through aeronautical publications or notices: (6) conducted in airspace within which air tra5c control services are provided. except for flights crossing: a route at right angles; or (c) a flight to an aerodrome where air tra5c services are not prwided, if search 5 and rescue action is specifically requested by the pilot-in-command. (3) Search and rescue action must be instituted in respect of all flights for which flight flight when such action is specifically requested by the pilot- plans were filed in in-command. action (4) Search and rescue be may instituted- 1 0 (a) in respect of a flight for which no flight plan has been filed, when information that the aircraft is overdue or missing is received from any source; (b) for any aircraft which is believed to be in need of assistance. ( 5 ) In an event contemplated in subsection (4), authorisation by the head of SASAR or his or her assignee must rescue operation and he or she must be kept termination of the search and rescue action. be obtained prior to the commencement of a search and 15 informed of the progress made and the beacons emergency of Registration (6) SASAR must forthwith institute search and rescue action where a vessel is reported missing or in distxess. 17. (1) The owner of any aircraft or vessel required to carry emergency locator beacons in terms of the Merchant Shipping Act. 1951 (Act No 57 of 1951) or the South African Civil Aviation Authority Act, 1998 (Act No 40 of 1998). as the case may be. must register such emergency locator beacons with the organisations or institutions designated in terms of section 11 (l)(d). (2) The owner of any aircraft or vessel registered or licensed in the Republic and which carries emergency locator beacons although not required to do so by law, must register such emergency locator beacons designated in terms of section 11 (l)(d). with the organisations or institutions disaster Filing of management and aerodrome emergency plans 18. [ 1) All aerodrome managers must file their emergency plans and any amendments thereto with the aeronautical rescue co-ordination centre. (2) All heads of disaster management agencies established in terms of any law providing for the management of disasters must file their emergency plans in respect of aircraft incidents, and ordination centre. any amendrnents thereto, with the aeronautical rescue co- Reporting of aircraft or vessel in distress 20 75 30 35 19. (1) Any person who knows or has reason to believe that an aircraft or vessel is in distress must report the occurrence at the police station nearest to that person or at such other office or facility or to a dedicated emergency number as the executive committee 40 may determine. ( 2 ) The Minister must publish the addresses and telephone numbers of the offices or facilities contemplated in subsection (1)- (a) by notice in the Gazette; arld (bj by means of the printed and electronic media so as to ensure wide publicity. 45 Co-operation between aeronautical rescue rescue co-ordination centre co-ordination centre and maritime 20. (1) The aeronautical rescue co-ordination centre and the maritime rescue co-ordination centre must exchange information freely and efficient provision of a 50 rescue service. and search and regularly to ensure effective (2) The aeronautical rescue co-ordination centre and co- ordination centre must, with the prior approval of the executive committee of SASAR, hold joint exercises at least once a year to- the maritime rescue I4 No. 24248 Act No. 44,2002 GOVERNMENT G.4ZETTE. 15 JANL;\RY 2003 SOUTH AFRICAN MARITIME AND AERONAI-JTICAL SEARCH AND RESCUE ACT. 2002 (a) foster and maintain close co-operation; and (b) test SASAR’s capability to deal with search and rescue operations of an) magnitude. (3) The exercises contemplated in subsection ( 2 ) may be extended to include search and rescue organisations or service,s of foreign countries. (4) The head of SASAR must ensure that the exercises contemplated in subsection (3) are organised in conjunction with both the aeronautical rescue co-ordination centre and the maritime rescue co-ordination centre. Delegation and assignment

21. The Minister may- ( a ) delegate any power conferred or assign any duty imposed upon the Minister by this Act to an officer of the Department. except the power to publish notices or to make regulations; and (b) at any time, withdraw a (delegation or assignment effected in terms of this section. Report 5 10 15 22. ( 1 ) SASAR must furnish the Minister with a report on its activities- ( a ) at least once a year: and ( 6 ) whenever required by the Minister. ( 2 ) The Minister must table a copy of SASAR’s annual report in Parliament within 30 20 days after Parliament is not sitting, within 14 days after the start of the next sitting. it has been received by him or her if Parliament is then sitting and if Regulations 23. (1 1 The Minister may. by notice in the Gazerre. make regulations regarding- ( a ) the conditions which must be complied with when a person from another 15 country which is a party t o the conventions wishes to enter the Republic for purposes of any search and rescue operation; (6) anything which must or may be prescribed in terms of this Act: ( c ) any matter which it is necessary or expedient to prescribe for the effective carrying out or implementation of this Act. 30 ( 2 ) Any regulation made under subsection (l)(a) must be made with the concurrence of the Minister of Home Affairs. Transitional provisions 24. ( 1 ) Any person who occupied a post or served in a particular capacity in the institution known as the South African Search and Rescue Organisation immediately 35 prior to the commencement of this Act continues corresponding post or capacity in SA.SAR. to occupy or to serve in the ( 2 ) Any person who received any allowance, remuneration or other benefit or privilege by virtue of a post or capaciry contemplated in subsection (1) must continue to receive such allowance, remuneration or other benefit or privilege from the same source 40 and in the same manner after the commencement of this Act. (3) Unless otherwise provided for in this Act, any committee or subcommittee of the institution known as the South African Search and Rescue Organisation which existed immediately prior to the commencement of this Act continues to exist as if it were a committee referred to in section 5(2). (4) Anything done in terms of a law repealed by section 25 and which could have been done in terms of this Act, is regarded as having been done in terms of this Act. 45 16 No. 21248 GAZETTE. GOVERNMENT 15 J.-\IVL'.4R) 200.; Act NO. 44.2002 SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT. 2002 Repeal of legislation

25. The laws mentioned in Schedule 3 are hereby repealed to the extent indicated i n the third column of that Schedule. Short title 18 No. 24248 Act No. 44,2002 GOVERNMENT GAZETTE. 15 JANI'ARY ?OO? SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT, 2007 SCHEDULE 1 (Section 3) INTERNATIONAL CONVENTION ON MARITIME SEARCH AND RESCUE, 1979 THE PARTIES TO THE CONVENTION NOTING the great importance attached in several conventions to the rendering of assistance to persons in distress at seal and to the establishment by every coastal State of adequate and effective arrangements for coast watching and for search and rescue services, HAVING CONSIDERED Recommendation 40 adopted by the International Confer- ence on Safety of Life at Sea, 1960, which recognizes the desirability of co-ordinating activities regarding safety on and over the sea among a number of inter-governmental organizations, DESIRING to develop and promote these activities by establishing an international maritime search and rescue plan responsible to the needs of maritime traffic for the rescue of persons in distress at sea, WISHING to promote co-operation among search and rescue organizations around the world and among those participating in search and rescue operations at sea. HAVE AGREED as follows: Article I Gerleral obligarions under the Con\-ention The Parties undertake to adopt all legislative or other appropriate measures necessary to give full effect to the Convention and its Annex, which is an integral part of the Convention. Unless expressly constitutes at the same time a reference to its Annex. provided otherwise, a reference to the Convention Article I1 Other treaties and interpretation (1 1 Nothing in the Convention shall prejudice the codification and development of the the sea by the United Nations Conference on the Law of the Sea convened law of pursuant to resolution 2750 (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction. ( 2 ) No provision of the Convention shall be construed as prejudicing obligations or rights of vessels provided for in other international instruments. Article I11 Amendments (1) The Convention may be paragraphs (2) and ( 3 ) hereinafter. amended by either of the procedures specified in (2) Amendment after consideration within the Inter-Governmental Maritime Consul- tative Organization (hereinafter referred to as the Organization): (a) Any amendment proposed by a Party and transmitted to the Secretary- General of the Organization (hereinafter General), or any amendment deemed necessary by the Secretary-General as a result of an amendment to ,a corresponding provision of Annex 12 to the Convention on International Civil Aviation, shall be circulated to all Members of the Organization and all Parties at least six months prior to its consideration by the Maritime Safety Committee of the Organization. referred to as the Secretary- 24248 No. 20 GOVERNMENT GAZETTE. 15 JANUARY 2003 Act No. 44.2002 SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH ALND RESCUE ACT, 2002 in accordance with sub-paragraph (c) Parties, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the Maritime Safety Committee for the consideration and adoption of amendments. Amendments shall be adopted by a two-thirds majority of the Parties present and voting in the Maritime Safety Committee on condition that at least one third of the Parties shall be present at the time of adoption of the amendment. Amendments adopted shall be communicated by the Secretary-General to all Parties for acceptance. An amendment to an Article: or to paragraphs 2.1.4,2.1.5,2.1.7.2.1.10, 3.1.2 or 3.1.3 of the Annex shall be deemed to have been accepted on the date on which the Secretary-General has received an instrument of acceptance from two thirds of the Parties. An amendment to the Annex other than to paragraphs 2.1.4. 2.1.5. 2.1.7, 2.1.10,3.1.2 or 3.1.3 shall be deemed to have been accepted at the end of one the Parties for acceptance. year from the date on which it is communicated to However, if within such period of one year more than one third of the Parties notify the Secretary-General that they object to the amendment. it shall be deemed not to have been ac'cepted. An amendment to an Article or to paragraphs 2.1.4,2.1.5, 2.1.7. 2.1. 10, 3.1.2 or 3.1.3 of thz Annex shall enter into force: (i) with respect to those Parties which have accepted it, six months after the date on which it is deemed to have been accepted; (ii) with respect to those Parties which accept it after the condition mentioned in sub-paragraph (e) has been met and before the amendment enters into force, on the date of entry into force of the amendment; (iii) with respect to those Parties which accept it after the date on which the amendment enters into force, 30 days after the deposit of an instrument of acceptance. (h) An amendment to the Annex other than to paragraphs 2.1.4. 2.1.5. 2.1.7. 2.1.10, 3.1.2 or 3.1.3 shall enter into force with respect to all Parties, except 'to the amendment under sub-paragraph (0 and those which have objected which have not withdrawn such objections, six months after the date on which the date set for entry into it is deemed to have been accepted. However, before force, any Party may give nol.ice to the Secretary-General that it exempts itself from giving effect to that amendment for a period not longer than one year period as may be from the date of its entry into force, or for such longer determined by a two-thirds majority of the Parties present and voting in the Maritime Safety Committee at the time of the adoption of the amendment. (3) Amendment by a conference: of Parties to consider amendments to Upon the request of a Party concurred in by at least one third of the Parties. the Organization shall convene a conference the Convention. Proposed amendments shall be circulated by the Secretary- General to ail Parties at least six months prior to their consideration by the conference. Amendments shall be adopted by such a conference by a two-thirds majority that at least one third of the of the Parties present and voting, on condition amendment. Parties shall Amendments so adopted shall be communicated by the Secretary-General to all Parties for acceptance. Unless the conference decides otherwise, the amendment shall be deemed to in accordance with the have been accepted and shall enter into force in subl-paragraphs (2)(e), (2)(f), (2)(g). and (2)(h) procedures specified respectively, provided that reference in sub-paragraph (2)(h) to the Maritime Safety Committee expanded in accordance with sub-paragraph (2)(b) shall be taken to mean reference to the conference. be present al: the time of adoption of the 22 No. 24248 Act No. 44,2002 GOVERNMENT GAZETTE. 15 JAKUARY 2003 SOUTH AFRICAN MIARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT. 2002 (4) Any declaration of acceptance of, or objection to, an amendment or any notice given under sub-paragraph (2)(h) shall be submitted in writing to the Secretary-General who shall inform all Parties of any such submission and the date of its receipt. (5) The Secretary-General shall inform States of any amendments, which enter into force, together with the date on which each such amendment enters into force. Article IV Signature, ratification, acceptance, approval and accession (1) The Convention shall remain open for signature at the Headquarters of the Organization from 1 November 1979 until 31 October 1980 and shall thereafter remain open for accession. States may become Parties to the Convention by: (a) signature without reservation as to ratification, acceptance or approval; or (b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or (c) accession. (2) Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General. (3) The Secretary-General shall inform States of any signature or of the deposit of any instrument of ratification, acceptance. approval or accession and the date of its deposit. Article V Entry into force (1) The Convention shall enter into force 12 months after the date on which 15 States have become Parties to it in accordance with Article IV. ( 2 ) Entry into force for States which ratify, accept, approve or accede to the Convention in accordance with Article IV after the condition prescribed in paragraph ( I ) has been met and before the Convention enters into force, shall be on the date of entry into force of the Convention. (3) Entry into force for States which ratify, accept, approve or accede to the Convention after the date on which the Convention enters into force shall be 30 days after the date of deposit of an instrument in accordance with Article IV. (4) Any instrument of ratification, alcceptance. approval or accession deposited after to the Convention in accordance with the date of entry into force of an amlendment Article I11 shall apply to the Convention, as amended, and the Convention, as amended, shall enter into force for a State depositing such an instrument 30 days after the date of its deposit. ( 5 ) The Secretary-General shall inform States of the date of entry into force of the Convention. Article VI Denunciation 24 No. 24248 GOVERNMENT GAZETTE. 15 JhNC.ARY 200.; Act No. 44,2002 SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT. 2002 (3) A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, aft.er its receipt by the Secretary-General. Article VI1 Deposit and registration ( 1 1 The Convention shall be deposited with the Secretary-General who shall transmit certified true copies thereof to States. ( 2 ) AS soon as the Convention enters into force, the Secretary-General shall transmit the United Nations for registration and the text thereof to the Secretary-Gemeral of publication, in accordance with Article 102 of the Charter of the United Nations. ’4rticle VI11 Languages The Convention is established in a single copy in the Chinese. English, French. Russian and Spanish languages. each text being equally authentic. Official translations in the Arabic. German and Italian language!; shall be prepared and deposited with the signed original. DONE AT HAMBURG this twenty-seventh day of April one thousand nine hundred and seventy-nine. IN WITNESS WHEREOF the undersigned*. being duly authorized by their respective Governments for that purpose, have signed the Convention. * Signatures Otnitted Terms and definitions ANNEX CHAPTER 1 1.1 “Shall” is used in the Annex to indicate a provision, the uniform application of which by all Parties is required in the interest of safety of life at sea. 1.2 “Should” is used in the Annex to indicate a provision. the uniform application of which by all Parties is recommended in the interest of safety of life at sea. 1.3 The terms listed below are used in the Annex with the foilowing meanings: .I Search. An operation, normally co-ordinated by a rescue co-ordination centre or rescue sub-centre, using available personnel and facilities to locate persons in distress; .2 Rescue. An operation t o retrieve persons in distress, provide for their initial medical or other needs, and deliver them to a place of safety; .3 Search and rescue service. The performance of distress monitoring, communication, co-ordination and search and rescue functions, includ- ing provision of medical advice, initial medical assistance, or medical evacuation, through the use of public and private resources including co-operating aircraft, vessels and other craft and installations; .4 Search and rescue region. An area of defined dimensions associated with a rescue co-ordination centre within which search and rescue services are provided; 26 No. 21248 GAZETTE. GOVERNMENT I5 JANUARY 2003 Act No. 44,2002 SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT. 2002 .5 Rescue co-ordination centre. A unit responsible for promoting efficient and for co-ordinating the organization of search and rescue services conduct of search and rescue operations within a search and rescue region; .6 Rescue sub-centre. A unit subordinate to a rescue co-ordination centre established to complement the latter according the responsible authorities; to particular provisions of .7 Search and rescue facili9. Any mobile resource, including designated search and rescue units, used to conduct search and rescue operations; .8 Search and rescue unit. A unit composed of trained personnel and provided with equipment suitable for the expeditious conduct of search and rescue operations; .9 Alerting post. Any facility intended to serve as an intermediary between a person reporting an emergency and a rescue co-ordination centre or rescue sub-centre; .10 Emergency phase. A generic term meaning, as the case may be, uncertainty phase, alert. phase or distress phase; .I1 Uncertainty phase. A situation wherein uncertainty exists as to the safety of a person, a vessel or other craft; .12 Alert phase. A situation wherein apprehension exists as to the safety of a person, a vessel or other craft; .13 Distress phase. A situation wherein there is a reasonable certainty that a by grave and imminent person, a vessel or other craft is threatened danger and requires immediate assistance; .14 On-scene co-ordinator. A person designated to co-ordinate search and rescue operations within a specified area; .I5 Secretary-General. The Secretary-General of the International Maritime Organization. CHAPTER 2 ORGANIZATION AND CO-ORDINATION 2.1 2.1.1 2.1.2. 2.1.3 of search and rescue to ensure that assistance is as appropriate, with the Organization, participate Arrangements for provision and co-ordination services Parties shall, as they are able to do so individually or in co-operation with in the other States and, development of search and rescue services rendered to any person in distress at sea. On receiving information that any person is, or appears to be, in distress at sea. the responsible authorities of a Party shall take urgent steps to ensure that the necessary assistance is provided. Parties shall, either individually or, if appropriate, in co-operation with other States, establish the following basic elements of a search and rescue service: .I .2 assignment of a responsible authority; .3 organisation of available resources; .4 communication facilities; .5 co-ordination and operational functions; and .6 processes to improve the service including planning, domestic and legal framework; international co-operative relationships and training. Parties shall, as far as practicable, follow relevant minimum standards guidelines developed by the Organization. To help ensure the provision of adequate shore-based communication infrastructure, efficient distress alert routeing, and ordination to effectively support search and rescue services, Parties shall, individually or in co-operation with other States, ensure that sufficient search and rescue regions are establnshed within each sea area in accordance with paragraphs 2.1.4 and 2.1.5. Such regions should be contiguous and, as far as practicable, not overlap. proper operational co- and 28 No. 24248 Act No. 44.2002 GAZETTE. GOVERNMENT

15 JASVARY 2003 SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT. 2002 . 2.1.4 Each search and rescue Parties concerned. The Secretary-General shall region shall be established by agreement among be notified of such a, oreement. 2.1.5 In case agreement on the exact dimensions of a search and rescue region is not reached by the Parties concerned, those Parties shall use their best endeavours to reach agreement upon appropriate arrangements under which the equiva- lent overall co-ordination of search and rescue services is provided in the area. The Secretary-General shall be notified of such arrangements. 2.1.6 Agreement on the regions or arrangements referred to in paragraphs 21.4 and 2.1.5 shall be recorded by the Parties concerned, or in written plans accepted by the Parties. 2.1.7 The delimitation of search and rescue regions is not related to and shall not prejudice the delimitation of any boundary between States. 2.1.8 Parties should seek to promote consistency, where applicable. between their maritime and aeronautical search and rescue services while considering the and rescue regions which shall be establishment of maritime search established by agreement in accordance with paragraph 2.1.4 or the reaching of agreement upon appropriate arrangements in accordance with paragraph 2.1.5. 2.1.9 Parties having accepted responsibility to provide search and rescue services for a specified area shall use search and rescue units and other available to be, in facilities for providing assistance distress at sea. to a person who is, or appears 2.1.10 Parties shall ensure that assistance be provided to any person in distress at sea. They shall do so regardless of the nationality or status of such a person or the circumstances in which that person is found. 2.1.11 Parties shall forward to the Secretary-General information on their search and rescue service, including the: .1 national authority responsible for services; the maritime search and rescue .2 location of the established rescue co-ordination centres or other centres search and rescue .3 providing search and rescue co-ordination, for the region or regions and communications therein; limits of their search and provided by their shore-based distress facilities: and rescue region or regions and the coverage and safety communication .4 principal types of available search and rescue units. Parties shall, with priority, update the information provided n:ith respect to transmit to all any alterations of importance. The Secretary-General shall Parties the information received. 2.1.12 The Secretary-General shall notify all Parties of the agreements or arrange- ments referred to in paragraph 2.1.4 and 2.1.5. 2.2. Development of national search and rescue services 2.2.1 Parties shall establish appropriate national procedures for overall develop- ment, co-ordination, and improvement of search and rescue services. 2.2.2 To support efficient search and rescue operations, Parties shall: .I ensure the co-ordinated use of available facilities; and which .2 establish close co-operation between services and organizations in areas such as may contribute to improve the search and rescue service operations, planning, training, exercises and research and development. 2.3 Establishment of rescue co-ordination centres and rescue sub-centres 2.3.1 To meet the requirements of paragraphs 2.2, Parties shall individually or in co-operation with other States establish rescue co-ordination centres for their search and rescue services and appropriate. such rescue sub-centres as they consider 2.3.2 Each rescue co-ordination centre and rescue sub-centre, established in accordance with paragraph 2.3.1, shall arrange for the receipt of distress alerts originating from within its search and rescue region. Every such centre shall also arrange for communications with persons in distress, with search and or rescue rescue facilities, and with other rescue co-ordination centres sub-centres. 30 GAZETTE. GOVERNMENT No. 23248 15 J A N U A R Y 2003 Act No. 44,2002 SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT. 2002 2.3.3 Each rescue co-ordination centre shall be operational on a 24-hour basis and be constantly staffed by trained personnel having a working knowledge of the English language. 2.4 Co-ordination with aeronautical services 2.4.1 Parties shall ensure the closest practicable co-ordination between maritime and aeronautical services so as to provide for the most effective and efficient search and rescue services in and over their search and rescue regions. 2.4.2 Whenever practicable, each Party should establish joint rescue co-ordination centres and rescue sub-centres to serve purposes. both maritime and aeronautical 2.4.3 Whenever separate maritime and aeronautical rescue co-ordination centres or rescue sub-centres are established to serve the same area, the Party concerned the centres or shall ensure the closest practicable co-ordination between sub-centres. 2.4.4 Parties shall ensure as far as is possible the use of common procedures by and those for maritime purposes search and rescue units established established for aeronautical purposes. 2.5 Designation of search and rescue facilities Parties shall identify all facilities able to participate in search and rescue operations, and may designale suitable facilities as search and rescue units. 2.6 Equipment of search and rescue units 2.6.1 Each search and rescue unit shall be provided with equipment appropriate to its task. 2.6.2 Containers and packages containing survival equipment for dropping the general nature of their contents indicated survivors should have markings in accordance with standards adopted by the Organization. to by CHAPTER 3 CO-OPERATION BETWEEN STATES 3.1 Co-operation between States 3.1.1 Parties shall co-ordinate their search and rescue organizations and should. whenever necessary, co-ordinate search and rescue operations with those of neighbouring States. 3.1.2 Unless otherwise agreed between the States concerned. a Party should authorize. subject to applicable national laws, rules and regulations. immedi- ate entry into or over its territorial sea or temtory of rescue units of other of maritime Parties solely for the purpose of searching casualties and rescuing the survivors of such casualties. In such cases, search as far as practicable. be co-ordinated by the and rescue operations shall, appropriate rescue co-ordination centre of the Party which has authorized entry, or such other authority as has been designated by that Party. for the position 3.1.3 Unless otherwise agreed between the States concerned, the authorities of a Party which wishes its rescue units to enter into or over the territorial sea or territory of another Party solely for the purpose of searching for the position of maritime casualties and rescuing the survivors of such casualties. shall transmit a request, giving full details of the projected mission and the need for it. to the rescue co-ordination centre of that other Party, or to such other authority as has been designated by that Party. 3.1.4 The responsible authorities of Parties shall: immediately acknowledge the receipt of such a request; and . I .2 as soon as possible indicate the conditions, projected mission may be undertaken. if any, under which the 3.1.5 Parties should enter into agreements with neighbouring States setting forth the conditions for entry of each other’s rescue units into or over their respective also provide for territorial sea or temtory. These agreements should expediting entry of such units with the least possible formalities. 32 ~ No. 24248 Act No. 44,2002 GOVERNMENT GAZETTE. 15 JANUARY 3003 SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT, 2002 3.1.6 Each Party should authorize its rescue co-ordination centres: .1 to request from other rescue co-ordination centres such assistance. including vessels, aircraft, personnel or equipment, as may be needed; to grant any necessary permission for the entry or such vessels. aircraft, personnel or equipment into or over its territorial sea or temtory; and with the appropriate customs. .3 to make the necessary arrangements .2 immigration, health or other authorities with a view to expediting such entry. 3.1.7 Each Party shall ensure that its rescue co-ordination centres provide, when requested, assistance to other rescue co-ordination centres, including assis- tance in the form of vessels, aircraft, personnel or equipment.

3. I .8 Parties should enter into agreements with other States, where appropriate, to strengthen search and rescue co-operation and co-ordination. Parties shall authorize their responsible authority to make operational plans and arrange- ments for search and rescue co-operation with responsible authorities of other States. CHAPTER 4 OPERATING PROCEDURES 4.1 Preparatory measures 4.1.2 Each rescue co-ordination centre and rescue sub-centre should have 4.1.1 Each rescue co-ordination centre and rescue sub-centre shall have available up-to-date information especially concerning search and rescue facilities and available communications re,levant to search and rescue operations in its area. ready access to information regarding the position, course and speed of vessels within its area which may be able to provide assistance IO persons. vessels or other craft information should either be kept in the rescue co-ordination centre, or be readily obtainable when necessary . 4.1.3 Each rescue co-ordination centre and rescue sub-centre shall have detailed plans of operation for the conduct of search and rescue operations. Where appropriate, these plans shall be developed jointly with the representatives of those who may assist in providing, or who may benefit from, the search and rescue services. in distress at sea, and regarding how to contact them. This 4.1.4 Rescue co-ordination centres or sub-centres shall be kept informed of the state of preparedness of search and rescue units. 4.2 Information concerning emergencies 4.2.1 Parties, either individually or in co-operation with other States, shall ensure that they are capable on a 24-hour basis of promptly and reliably receiving distress alerts from equipment used for this purpose within their search and rescue regions. Any alerting post receiving a distress alert shall: . 1 immediately relay the alert to the appropriate rescue co-ordination centre or sub-centre, and appropriate; and then assist search and rescue communications as .2 if practicable, acknowledge the alert. 4.2.2 Parties shall, where appropriate, ensure that effective arrangements are in place for the registration of communication equipment and for responding to emergencies, to enable any rescue co-ordination centre or sub-centre to access pertinent registration information quickly. 4.2.3 Any authority or element of the search and rescue service having reason to believe that a person, a vessel or other craft is in a state of emergency shall forward as soon as possible all available information to the rescue co-ordination centre or rescue: sub-centre concerned. 4.2.4 Rescue co-ordination centres and rescue sub-centres shall, immediately upon in a state of the phase of emergency receipt of information concerning a person, a vessel, or other craft emergency, evaluate such information and determine in accordance with paragraph 4.4, and the extent of operations required. 34 No. 24248 Act No. 44.2002 GAZETTE. GOVERNMENT 15 JANUARY 2003 SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH A.ND RESCUE ACT. 2002 4.3 Initial action Any search and rescue unit receiving information of a distress incident shall in any case initially take immediate action if in the position to assist and shall, without delay, notify the rescue co-ordination centre or rescue sub-centre in whose area the incident has occurred. 4.4 Emergency Phase To assist in determining the appropriate operating procedures, the following emergency phases shall be distinguished by the rescue co-ordination centre or sub-centre concerned: .l Uncertainty phase: .1.1 when a person has been reported as missing, or a vessel or other craft is overdue; or .1.2 when a person, a vessel or other craft has failed to make an expected position or safety report. .2 Alert Phase 2 . 1 when, following the uncertainty phase, attempts to establish contact with vessel or other craft have failed and inquiries to other a person, a appropriate sources have been unsuccessful; or .2.2 when information has been received indicating that the operating efficiency of a vessel or other craft is impaired, but not to the extent that a distress situation is likely. .3 Distress phase: .3.1 when positive informai.ion is received that a person, a vessel or other craft is in danger and in need of immediate assistance; or .3.2 when, following the ,alert phase, further unsuccessful attempts to establish contact with a person, a and more widespread unsuccessful inquiries point to the probability that a distress situation exists; or vessel or other craft .3.3 when information is received which indicates that the operating efficiency of a vessel or other craft has been impaired to the extent that a distress situation is likely. 4.5 Procedures to be followed by rescue co-ordination centres and rescue sub-centres during emergency phases 4.5.1 Upon the declaration of the uncertainty phase, the rescue co-ordination centre or rescue sub-centre, as appropriate, shall initiate inquiries to determine the safety of a person, a vessel or other craft, or shall declare the alert phase. 4.5.2 Upon the declaration of the alert phase, the rescue co-ordination centre or rescue sub-centre, as appropriate, shall extend the inquiries for the missing person, vessel or other craft, alert appropriate search and rescue services and initiate such action, as is necessary in the light of the circumstances of the particular case. 4.5.3 Upon the declaration of the distress phase, the rescue co-ordination centre or rescue sub-centre, as appropriate, shall proceed as prescribed in its plans of operation, as required by paragraph 4.1. 4.5.4 Initiation of search and rescue operations in respect of a vessel whose positiorz is unknown In the event of an emergency phase being declared for a search object whose position is unknown, the foliowing shall apply: .1 when an emergency phase exists, a rescue co-ordination centre or rescue sub-centre shall, unless it is aware that other centres are taking action, assume responsibility for initiating suitable action and confer with other centres with the objective responsibility; of designating one centre to assume .2 unless otherwise decided by agreement between the centres concerned. in the centre to be designated shall be the centre responsible for the area which the search object was according to its last reported position; and 36 No. 24248 Act No. 44,2002 GAZETTE. GOVERNMENT 15 J h N U A R Y 200.3 SOUTH AFRICAN M.ARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT. 2002 .3 after the declaration of the distress phase, the centre co-ordinating the search and rescue operations shall, if appropriate, inform other centres of all the circumstances of the emergency and of all subsequent develop- ments. 4.5.5 Passing information topersons, vessels or other craft for which a11 emergency phase has been declared co-ordination centre or rescue sub-centre Whenever possible, the rescue responsible for search and rescue operations shall forward to the person, a vessel or other craft for which an emergency phase has been declared. information on the search and rescue operations it has initiated. 4.6 Co-ordination when two or more Parties are involved For search and rescue operations involving more than one Party. each Party shall take appropriate action in accordance with the plans of operation referred to in paragraph 4.1 when so requested by the rescue co-ordination centre of the region. 4.7 On-scene co-ordination of search and rescue activities 4.7.1 The activities of search and rescue units and other facilities engaged in search and rescue operations shall be co-ordinated on-scene to ensure the most effective results. 4.7.2 When multiple facilities are ilbout to engage in search and rescue operations. and the rescue co-ordination centre or rescue sub-centre considers it necessary. the most capable person should be designated as on-scene co-ordinator as early as practicable and preferably before the facilities arrive within the specified area of operation. Specific responsibilities shall be assigned to the on-scene co-ordinator, taking into account the apparent capabilities of the on-scene co-ordinator and operational requirements. 4.7.3 If there is no responsible rescue co-ordination centre or. for any reason. the responsible rescue co-ordination centre is unable to co-ordinate the search and rescue mission, the facilities involved should designate an on-scene co- ordinator by mutual agreement. 4.8 Termination and suspension of search and rescue operations 4.8.1 Search and rescue operations shall continue. when practicable. until all reasonable hope of rescuing survivors has passed. 4.8.2 The responsible rescue co-ordination centre or rescue sub-centre concerned shall normally decide when to discontinue search and rescue operations. If no such centre is involved in co-ordinating the operations. the on-scene co-ordinator may take this decision. 4.8.3 When a rescue co-ordination centre or rescue sub-centre considers, on the basis of reliable information., that a search and rescue operation has been successful, or that the emergency no longer exists, it shall terminate the search and rescue operation and promptly so inform any authority, facility or service which has been activated or notified. 4.8.4 If search and rescue operation on-scene becomes impracticable and the rescue co-ordination centre or rescue sub-centre concludes that survivors might still be alive, the centre may temporarily suspend the on-scene activities pending further developments, and shall promptly so inform any authority. facility or service which has been activated or notified. Information subsequently received shall be evaluated and search and rescue operations resumed when justified on the basis of such information. CHAPTER 5 SHIP REPORTING SYSTEMS 5.1 General 5.1.1 Ship reporting systems may be established either individually by Parties or in co-operation with other States, where this is considered necessary, to facilitate search and rescue operations. 38 No. 21248 Act No. 44,2002. GOVERNMENT G.AZETTE. 15 J.ASL'.\KY 2003 SOUTH AFRICAN MARITIME AND AERONALTICAL SEARCH AND RESCUE ACT. 2002 5.1.2 Parties contemplating the institution of a ship reporting system should take account of the relevant recommendations of the Organization. Parties should also consider whether existing reporting systems or other sources of ship position data can provide adequate information for the region. and seek to minimize unnecessary additional reports by ships, or the need for rescue co-ordination centres to check with multiple reporting systems to determine availability of ships to assist with search and rescue operations. 5.1.3 The ship reporting system should provide up-to-date information on the movements of vessels in order, in the event of a distress incident, to: .1 reduce the interval between the loss of contact with a vessel and the initiation of search and rescue operations in cases where no distress signal has been received; .2 permit rapid identification of vessels which may be called upon to provide assistance; .3 permit delineation of a search area of limited size in case the position of a person. a vessel or other craft in distress is unknown or uncertain: and .4 facilitate the provision 'of urgent medical assistance or adjsice. 5.2 Operational requirements 5.2.1 Ship reporting systems should satisfy the following requirements: . I provision of information, including sailing plans and position reports. which would make it possible to determine the current and future positions of participating vessels; .2 maintenance of a shipping plot; .3 receipt of reports at appropriate intervals from participating vessels: .4 simplicity in system design and operation: and .5 use of an internationally agreed standard ship reporting format and procedures. 5.3 Types of reports 5.3.1 A ship reporting system should incorporate the following types of ship reports in accordance with the recommendations of the Organization: . I Sailing plan; .2 Position report: and .3 Final report. 5.4 Use of systems 5.4.1 Parties should encourage all vessels to report their positions when travelling in areas where arrangements have been made to collect information on positions for search and rescue purposes. 5.4.2 Parties recording information on the position of vessels should disseminate. so far as practicable, such information to other States when so requested for search and rescue purposes. GAZETTE. 40 GOVERNMENT 24248 No. 1.5 JANUARY 2003 Act No. 44,2002 SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT. 2002 SCHEDULE 2 (Section 3) SEARCH AND RESCUE ANNEX 12 TO THE CONVENTION ON INTERNATIONAL CIVIL AVIATION FOREWORD Historical background In k m k 1946. the Search and Rescue Division,, at its second session, made pmnmendations for Smdards and Recommended Practices for Scarch and Rescue. These were existent Air devclopd by the Smuariat and the then Navigation CommineC; and were duly submitted to the Council. The proposals were nm accepted by thc Council in the form in which they were presented and, on 20 April 1948, wue rcfemd back to the Air Navigation Commirtee for futthcr consirkration. A further draft Annex was then developed in the light of expcnence gained B1 Regional Air Navigation Meetings and eventually was approved in principle by the Air Navigation Commission and circulated to Starcs for comment. Eurther development was made by the Air Navigation Commission as a result of States’ comments and the resulting proposals were adopted by fhc C m c i l on 25 May 1950 and designated as Annex 12 to the Convenuon on International Civil Avlation. The Annex became effective on 1 k e m b e r 1950 and came into force on I March 1951. Table A shows the origin df subsequent amendments together with a list of the pnncipal subjects involved and the dates on which the Annex and the amendments were a d o w by the Councrl. when they became effective and when they kame applicable. Applicability The Standards and Recommended Practices in this document govern the application of the R c g i o ~ l S u p p l e ~ n t a r y Procedures - Search and Rescue, conmned in Doc 7030, in which document will be found subsidiary procedu~:~ of regional application. Annex 12 is appltcable to the establishment, maintenance and operation of search and rescue servlces in the terntories of Contracting States and over the hrgh s e a . and to, the coordination of such services between Stam. Actiou by Contrnetiog States Non3cation of differences. The attention of Contracting States is drawn to the obligauon Imposed by Article 38 of the Convention by wbch Contrachng States are rqulred to noufy the Organizatton of any differences between their nauonal Internattonal Stantlards regulations and pracuces and the contained in this Annex and any amendments thereto. Contracting States arc invited to extend such notificauon to any diffcmv.%s from the Recommended Prachces conmned in this Annex, and any amendments thereto. when the noti- fication of such differences is imponant for the safety of o r navigation. hrrther. Contracting States are mvlted to keep the Organization cumntly informed of any differences whlch may subsquenIly m r . or of the withdrawal of any differences previously notified. A specific request for notificatton of diffmnces will be sent to Contracting Slates immediately after the adopaon of each Amendment to this Annex. Attention of States is also drawn to the provisions of Annex 15 related to the publication of differences between their national regulations and pracuccs and the related ICAO StandKds and Recommnded Practices the Aeronauucal Information Service. In addition to the obligauon of States under Anicle 38 of the Convention. through Promlgarion of informarion Information relating to the changes to faciliues. establishment and withdrawal of and services and pmedures affkcting aircraft operations provided according to the Standards and Recommended Practices specified in this Annex should be notified and take effect tn accordance with Annex IS. Use of r h e tm of rhe ANVX in MU OM^ regulorionr. The Council. on 13 April 1948, adopted a resolution rnvillng the attention of Contracting Slates to the desnability of usmg rn their own national regulations, as far as pramcable. the precise language of lhose ICAO Standards that are of a regulatory character and also of indicating departures from the Standards. including any additional national regulauons that were imponant for the safety or regularity of air navlgation. Wherever possible. the provisions of this Annex have been a way as would factlitate incorporation. written in such without major textual changes, into national Iegrslanon. Status of Annex components An Annex is made up of the following component pans. not all of which. however, are necesssrily found in every Annex; they have the status indicated: 1.- Moferiot comprising the Annex proper: a) Standards and Recommended Pracrxer adopted by the Council under the provisions of the Convention. They are defined as follows: 42 No. 24248 Act No. 44,2002 GOVERNMENT GAZElTE, 15 JANUARY 2003 SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT, 2002 Sfandord Any specification for physical characteristics, configuration. mat6riel. perfomunce. personnel or prcccdm thc uniform application of which is nxogolzed as ncccs~ary for the safety or regularity of international air navigation and to which Contracting S t a m will conform in accordance with tbe Cwvention; in the event of impossibility of compliance, notification to the Council is compulsory under Article 38. Recommrndrd Pllmier. Any spaitication for physical chprsctcri~cs. foRfguraIim mallsiel. performanq pmonoel or pmccdure. the uniform application of which is recognized as desirable in the in- of safety. regularity or efficiency of inksnational lir naviguion. and lo which Contracting States will in acsordpnce with tbc ndtpvarr convmtion. to mnfom b) Appendices comprising nmuial p u p d separately for u m v c n i w but forming part of the Sundvds and Rsommmded PRCticw adopted by the Council. C)Dq%unorLs of tams used in the slanduds and Recommndcd PREtisu which arc not relf-expl.nntory in lhat lhey do not have afccptcd dictionary munings. A definition dom not have an independent s u u s bur is UI wscntial ppn of each Standard and Recommended R.aiainwhichtheMnisuw4sincerchurFinthe meaning of the tcrm would affect the spcificuion. 2- Mareriel approved by the Council for puMicnrion in acraintion with the Stmkiardr and R c c m n d e d Pmrriccs.' a) Forcvords comprising historical and e x p h a m y matcri.l brsed on chc mion of the C o w d l and explwtion of the obligation of Suta with including re@ IO IIK rppliution of the Sundards and Rec~mmcndcd Practices ensuing fmm the Convmtim and the Resolution of Adoption. b) lnnodvnionr compising explanatory matuial in- duced at IJIC beginning of parts, chapters or sections of the A n n x u, assist in the undmtmh ' 8 of tbe application of the t e x ~ c) Nmer included in thc text w h a c appmprinu. fo give or references bepring on the factual informarion SWdards or Rccanmended Practices in question, buf not constituting part of the Standards or Recommended Practices d) Annchrmntr comprising material supplcmenlary to the Srsndanls and Recommended Practices, or included as a guide to their applicarion. sdectim d ~ a l g e h n ~ been'doptcd in five h g u a g e s - English ms Atabic, Frmch Russian and Spanish. Each Confracting State is rqumcd to select one of those texts for the purpose of natid implementation and for other effects provided for in th Convention. either through direct use or through translation into iu own national language, and to notify the organilation acmrdingly. Editorial practices The following p n a i c e bas b a n adhad to in order to indicate at a glance tbe ~ufu3 of each s m m c n t : 9&r& have been printed in light face mman; Recommrnded Pmctices have been printcd in light face italics. the status being indicated hy Nom have been printed in light the w t i x -W, face italics, lhe status being indicated by the prefix Now. The following editorial pnctice has been followed in the writing of spsifcations: for S w d r r d s the operative verb "shall" is used, m d for RcMmmmded Practices the operative verb "shaulb' is used Thmugbout this dlxlment a) mBsuIcments M given in the m u i c system followed in parrnthews by corresponding ~ r e m c n t s in the fool-pound s y s m : and b) the use of the male gender should be understood to include male snd female persons. Any rcfuarce to a ponion of this dMlmmt, which is identified by a number andlor rille, includcs all subdivisions of that ponion. 44 No. 23248 GOVERNMENT GAZETTE, 15 JANUARY 2003 ~~ Act No. 44,2002 SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT, 2002 1 It Ediuon Search and Rescue Division. Second Session (1946) A a Navlgauon Cormusion 25 May 1950 1 Doember 1950 I March 1951 I (2nd EdrUon) Search and Rescue Division. Thd Sesrlon (1951) SeMh and rescue CqMimlian: WrNnUNCPUOa(; ~ppnidslr of search and rucue OpaaIionl; pffedum f a m h arr-lc-grOOuml signals. md rescue; 31 March 19S2 I Scptcmbcr 1952 1 January 19S3 2 (3rd Ednion) Scmnd Air Navigation Conference (1955) Rescue sub-ccnm; scniclng md refuelling m u e uniu of orhn Conrncttng Sam. 3 4 (4th Edmon) 5 6 7 8 9 csm EdnLon) W d Air Nawgation Confcrencc (1956). AmCndmcnl 1 4 0 to Annex 6. C h q m 6 Rules of lk Aa. Air Traff~c Scrvres and Search and Rcscuc Divtslons (1958) Amcndmcnl 13 IO Annex 1 I Amendment 4 to Annex 9 Amendment 14 to Annex I I, Chapltr 5 Internalronal convenuon fw lk Safety of Llfe at Sea. Amendment I 5 lo Annex I I A n Nawgauon Commnrm I N ~ W of the Rcglonnl Supplcmntuy Roccdurcs 10 Alr Navlgauon Commissnon Marking of arcas of rhs hxlagc suitable for brrak-in. Ccopation b n w m Sutes: i n f m u o n conccrnmg cmngcnctes; procedures for rescue cmdlnation centres. Notification of rescue coordinntmn centres by air oaffic servtccs "mu Temporary entry of resac unlU from other Conmcung S w r . Updaung of reference: a l m n g m i c e

8 May 1956 I September 1956 I tkcembcr 1956 13 Junc 1957 I October 1957 1 December 1957 8 December 1959 I May 1960

1 August 1964 13 Apnl 1962 - 1 November 1962 - - 1 July 1964 I9 Junc 1 9 6 4 1 November 1964 I February 1%5 IO December 1965 - 25 August 1966 Coomuon between Contractinn Sates: s e r v ~ c m ~ and refuellane of rexue unlu of other Conmctmg-Stars; testing & m h m d r e m e c o m u n l c a l ~ o n ~ addtuonal u n ~ u OT SCIVIECS. facilities; assistance in search and rescue opcmuons by

25 Mav 1910 25 Sc&mber 1970 4 Febmary 1911 Camage of the lnlemauonal Code of Signals by search md rescue u d l : qulpmenl of m h 2182 kHz: infamalion on p e o n of merchant rhtps, i d t with frequency and rescue l 11 tkccmbcr 1972 II Apnl 1973 L6 August 1913 46 No. 24248 Act No. 44,2002 GOVERNMENT GAZETTE. 15 JANUARY 2003 SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT, 2002 Amnmndnum Swrcc(sJ Sublccrfr) I 1 (6th Ediuon) Complele rewew of he AMCX by h e A n Navlgruon Commisrton serv~cc~ to surface mh: pmvlslon of seanh and rescue New signal on a 2 6 h w basts; dissemination of informarm on powson of machant sbw. appraisals of search and rescue operauonr; improvement of eoopndon be-n neighbzmring Suter; equipment of rescue uniu: availability of infmauon on air M s c services; location of mappable rurv~vai equtpmenr; methods for assisting nirwn in d l s w and bclng compelled to d m h to renduvous wth surface craft: methodr for assisting s e m h and RICUC 01 OW nwcraFt10 rendclvws with aimaft in dmrcrs. Adoprcdopprovcd Eflecrrvr Applicable

25 March 1975 9 October 1975 Amendmsnl M ) la A M ~ X 3 Supplcmnlary commun&n offices ad warch and resue uniu. facilities bstwcen meteomlogical 8 December 1975

8 Apnl 1976 12 August 1976 12 13 14 I 5 16 (7th Ediuon) A s Nawgauon Cammusion Atr Nwigabon Commtssion Alr Nangation Commiulon Ground-ar vlmal s ~ g n a i codc fa use by runivcn. Rucue cmrdinatlon centn (RCO relpoluibiliues regarding Prq~araIary measures in the even1 an aim'& is subject to unlawful Inmfcrcncc. I2 March 1990 30 July 1990 I 5 November 1990 Dcfintuon for mash ad rescue aircraft: conmumcarions rquzrcmenls for rescue cwrdinauon ccnlres (RCCs) and equrpment of warch and rescue (SAW rrrcrafl: SAR paint of contact (Spoc). Amendmenu 25. 20 and 7 Revlwd definiuon of 'bilm-incommd'; e d r t o r i d uncndmenls. 12 March 1993

26 July 1993 I I November 1993

12 March 2001 16 July 2001 1 Novcmbcr 2001 u) Annex 6, PMS 1. II and 111, respccuvely; Air Navtgation Commrssion 48 No. 24248 Act NO. 44,2002 GOVERNMENT GAZETTE. I5 JANUARY 3003 SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT, 2002 INTERNATIONAL STANDARDS AND R E C 0 " E m E D PRACTICES State is entitled to discharge, or obliged Note.- Although the Convention on Inremntional Civil Avinrion docntes to the State of Regbtry cenoin functions which that IO discharge. as rhe case may be. rhe Assem6ly recognized in Resolution A23-13, that r k State of Regirrry m y bc d l e to fulfil its rcsponsibilizies adequately in instances where oircrofr are leased, chanered or intcrchnnged - in panicdnr without crew - by M operator of w t k r Stare and that the Convention may ~t adequately spec@ rhe rights a d obligotions of the Stare of M operator UI such inrtonces. Accordingly. the Crmncil, wirhout prejudice to the question of whether h e Conventwn may require armndmrnr with respect to the oliocotion of f u n c r w n s to Slnus. urged :ha if. in the above-mentioned instances, the State of Regirtry finds inelf unable 10 discharge adequately thefunctions ollocoted to it by the Convention. it delegate w the State ofthe operror. subject to acceptance by the lnrrcr State, :hose )iumonr of the Stare of Registry that CM more adequately be discharged by the Sfare of thc operator. It is understood that rhe foregoing action will only br a m n e r of p m ~ t ~ d convrnicnce and will nor afecr errher h e provuwns of the Chicago Convention prescribing the duties of the Stare of Registry o r MV third S m . CHAPTER 1. DEFINITIONS following terns are used in the When the Standards and Recommended R r c l i c c s for Search and Rescue. lhey have the following meanmgs: Now- The desigMtlon IRR) m these definitions indicates (I definition which has h e n errracred from the Radio Regulations of the ~ n t e r n a h o M ~ Telecommunication Union 117Uj (see Handbook on Radio Frequency Specvum Requirements for Cinl Aviation Including statement of approved ICAO policies ( D o c 9718)). Alerting posL A unlt designated to recewe information from the general public regarding aircraft in emergency and to to the asscaated rescue cwrdi- forward the information natlon centre. A l e r i p h ~ s e . A situatlon whereln apprehension e m t s as to the safety of an alrcrafl and 16 occupants. Dfrtress phase. A situation wherein there is a reasonable cemnty that an aircraft and its occupants are threatened by grave and assistance. imm~nent danger or requlre lmmedrate Ditching. T h e forced landing of an aircraft on water Emergency phase. A generic lerm meaning, as the case may be. uncertainty phase, alert phase or distress phase. Operutor. A pemn. organizauon or enterprise engaged in or offenng to engage In an aircraft operanon. Pilot-in-command The pdot designated by the operator. or i n the case of general aviation, the owner. as being in com- mand and charged with the safe conduct of a flight 50 No. 24248 Act No. 44,2002 GOVERNMENT GAZERE, 15 JANUARY 2003 SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT, 2002 Rdio dinction-pndlng station (RR SI.91). A d o defer- mination station using d o dimtion finding. Note- The aeronauticd appluation of radio direction finding is in the ncronautical mdio navigation service. Rescue cw-n c t t n . A unit nsponsiblc for pmmoting efficient organization Of search and m U e S C M C ~ S and for coordinating the conduct of search and rescue oprations within a search and rescue region. Rescue subre&. A unit subordinate to a rescue coordinntion catre. established to complement h latter within a spccifed portion of a search and rescue region. Rescue IUIU A unit composed of trained prsoml and provided with equipment suitable for the expditious conduct of search and rescue. Search and rescue aircraft, An arrcraft provided with specialized equipment suirablc for the efficient conduct of search and rescue missions. S w c h and rescue region. An a n a of defined dmcnsions within which search and rescue services are provided. S w c h and rescue rcwicts unit. A generic term meaning. as rescue the case may be, rescue cwrdinanon centre., SUbCCnac or alerting pon. State of Re&tq. The Slate on whose register the aircraft is en&. UncertcrintJ phase. A sinmion wherein uncenainty exists as to the safety of an aircraft and its occupants. 52 No. 24248 Act No. 44,2002 GOVERNMENT GAZETTE. 15 JANUARY 2003 SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT. 2002 CHAPTER 2. ORGANIZATION

21 Establi.bmnt and provision or stad M d racut s t r v i e a 2.1.1 Contracting States shall arrange for the establish- ment and provision of search and rescue services within their territories. Such services shall be provided on a 24-hour basis. 21.1.1 Those portions of Ihc high seas M areas of undetermined sovereignty for which s w h and TWC services Will be established &all be determined on the basis of regional air navigation agreements. A Cmvacting Stale having and m u e accepted Ihe responsibility IO provide search services in such BMJ shall thereafter arrange for the semm to be established and provided in accordance with the provisions of this Annex. Nore.- The phrase “regional air navigation agreemcnu” r h c agreemcnrs approved by rhe Council of IC40 refers 10 M d l y on the advice of Regional Aw Navigation Meerings. 2 1 . 2 In providing assistanct to aircraft in disvcss and to survivors of aimaft accidents. Contracting States shall do so regardless of the nationality of such a ~ ~ r a f t or survivors. 2.3.3 Rtcomtndation.- In areas where public felc- communicatwru facilirier would n o r pcmir persow observing an aircmp in emergency 10 nafify the rescue cwrdinarion cenrre concerned direcrly and promprly. Contracting Stares should designare suirable units of public orprivare services as akm‘ng posts. 2 4 Communication for starch and rescue services units 2.4.1 Each rescue coordination centre shall have means of immediate communication with: a) the assccialcd air MIC servlces unit: b) associated rescue rubcenms: c) appmpriate direction-finding and psiuon-fiung shtions in the region; d) where appropriate, stations capable of alening and communicating with surface vcssels In the region. coastal radio 2 2 Establishment of sud Md rcsfllt mgions 22.1 Conrncdng Stales shall delineale the search rescue regions wiIhin which they will provide search rescue services. Such regions shall not overlap. and and Nore.- “Means of immcdiare commwricarron” orc conskfercd to be dirccr-linc telephone or lcletype. direcr rndiorelephonc cinuir, or, whcn these canno1 be made available. relephanc or relerype via a swirchboard. 2.4.2 Each rescue coordination cenm shall have means of rapid and reliable communication with: 2.2.I.I Recommadation- Boundaries of search and rescue regiom s b d d , in so far os pmcticable. be coincident wirh the boundones of corresponding j7ighr information regions. a) the headquanen of rescue units tn the region; b) IESNC coordination a m s in adJacent regions:

23 Ed.blisbmenl and designation of M h m d ~ e r c r * i c e s u n i r r 2.3.1 Contracting States shall establish a coordination cenm in each search and IESNC region. 2.3.2 Rtcommmdation- Conrracring Srares s b u l d cstablish rescue SubccNrcS whenever this would improve the eficicncy of search and rescue serv~ces. E) a dcsignatul meteorological office or memmlogical watch offia: d) rescue uniu when employed in search and rescue: rescue e) alcning posts; 0 the COSPAS-SARSAT Mission Control Cenm servicing the search and rescue (SARI reglon when the * COSPAS - npcc system for search of ~ c s s c l s In dtsucss SARSAT - m h and ~CSNC saIcllnc-atded oackmg GAZETTE. No. GOVERNMENT 24248 54 I5 JANUARY 200.1 Act No. 44,2002 SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT, 2002 rescue coordlnauon centre (RCC) has been designated S A R point of contact (SPOC). 2 6 Equipment of rescue units Note.- "Means of include digital dam radiotelephone. raprd and reliable c o m n i c a r i o n " interchange, relephone. facsimde and 2.4.3 In addition to rescue subcentre shall communication with: the requirement in 2.4.1 b), each have mcans of rapid and reliable a) adjacent rescue subcenu-es; b) a meteomlogmi office or mctmrological watch ofice: 2.6.1 Rescue units shall be provided with facllitles and equipment for locaung promptly. and for provldlng adequate assistance at. the scene of an accident. Note.- In selecting equipmenr for rescue units ir 1s imponanr rhat due regard be given IO fhe.srze erLI passenger capacity of modern aircraft. 2.6.2 Recommendation.- .In addition roe rhe com- munications required by rhe Srendnrdr in 2.4.2 d ) and 2.4.3 c). each rescue rrnir should have means of rapid and reliable communicorion with orher unirs or elemcnrs engaged in rhe same operarion c) rescue units when employed in search a d rescue: Note.- See Note following 2.4.2. d) alerting posts. Note.- See Note following 2.4.2. 2.4.4 Recommendation.- The means of commumcatwn provided rn accordance with 2.4.2 CJ and 2.4.3 b) should be supplemenred. as and where necessary, by other means of visual or audio communrcation, for example. closed.crmuit lelcviswn 26.3 Each search and rescue aircraft shall be equipped to be able lo communicate on the aeronautical d i s m s and scene of action frequencies and on such other frequencies as may be pnscribed 2.6.4 Each search and rescue aircraft shall be equip@ with a device lor homlng on emergency locator transmitters transmining on I21.5"Hr required to be canied by aircraft in accodancc with the provmons of Annex 6. Parts 1. Il and UI Note.- Specifrcntionr for emergency locaror rmnsmirrers IELTs) am given in hnu 10, Volume Ill.

25 Designation of r e x w units 2.5.1 Contracling S c a m shall designate as r e r u e units elements of public or private services suitably l m d and eqmppcd for search and rescue in each search and m c u e region. and s M 1 define tk relatjve functions of these elements and the respeflivc rescue coordination cenue. 15.1.1 Contracling States shall esablish additional rescue units wherever Ihe units designated in accordance with 25.1 an insufficient. Note.- The m i n i m units and facilities necessary for provision of search and rescue within a search and rescue region are determined by regional air navigation agreemenrs and are specified in the appropriate Air Navigarion Plan publicarions. 2.5.2 Recommtndation- Conrracring Srotes should the search and rescue plan of operarion. desrgnatc (IS pans of elcmenrs of publrc o r private services that do nor qualify as rescue units but arc ncvenheless able to panicipare rn search and rescuc opcrmons. and should define rhe relativefuncrionr these elemenrs and the respective rescue coordtnntmn of c e n r s . 2.6.5 Each warch aircraft w@n SJsed and rescue search and rescue over maritime mas. -n,;mqui-ed communicate with mcrchint ships able to communicqte with such shi;; orr2li: k:z: for lo shall ' Y P u$Fd to be ,; . . .,, .I . 2.6.6 Each search and resa~e'.'aim; .VI x , h e d for search and rescue over maritime .'&as. vquired to communicate with merchant ships, shiUl :;arc, J copy of the Incemationd Code of Signals 'to enibble i l i o ' overcome that may be experiepced in com- language difficulties municating with such ships. . . 2.6.7 Recommead.tioa.- Unless it is known thnr rhere is no need to provide supplies to survivors by air. or learr one Ihe aircmfi participating in a search and rescue operation of should carry droppable survival equipmenr. 2.6.8 Recommendation.- Srates should provide. at approprinte aerodromes where search and rescue arrcra) are M I readily available. survival equipment surtobly packed for dropping by aircraft n o r nofmall:, paniciparing rn seorch and r e s c u operarionr. 2.6.9 Recommendation.- Conmners or packages con- raining suwivnl equipmenr for dropping to survivors should their conrents indicated by a colour have the general nature of code. by pnnted rndrcarion. and by self-explanatory svmbols. lo rhe enenr rhar such svmbols exist. 56 No. 24248 Act No. 44,2002 GOVERNMENT GAZETTE. 15 JANUARY 2003 SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT, 2002 2.6.9.1 Recommendation.- The colour idcnrrficarton of the conrcnrs of droppabk COn~ainers and packages conrarnrng survival equlpmcnr should rake the form of coloured s r r e m r s occording ro rhc following code: Red - medical supplies andfirsr-aid equrpmnr. Blue - foodand warer. YeNow - b l ~ k e 1 ~ and prorertive Black - n~~~cellrurcour equtpmnr such as sroves, clorhmg. LUCS. compasses. cooking urensils, err. 1.6.9.2 Recommendation.- Where supplies of a mixed Mrure are dropped in ON conramer or package. rhe colour code should be used rn combmarlon. 2.6.10 Reeonrmen&tion.-lINrrucrronr on rhc ure of thc survival equrpmenr should be enclosed rn each of rhc droppablc containers or packages. They should be prznred m ar least rhree hgwrgcs of which ar lcasr one should be one of rite working languages of ICAO. 58 No. 24248 Act No. 44,2002 GOVERNMENT GAZETTE. 15 JANUARY 2003 SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT, 2002 CHAPTER 3. COOPERATION 3.1 Cooperelion between Steta 3.1.1 Contracting States shall coordinate their search and rescue organizations with those of neighbouring Contracting StaU5. 3.1.2 Reca-dation- whenever necessary, coordinare their operations with those of neighfmuring S&res. Contracting Stares should search and rescu 3.1.2.1 Rtcammen&tion.- Comracting Stares should, in so /or as pracricable. develop common search and rescue procedures to facilirate CWrdiMtion of search and rescue operarions with hose of ncighbouring S&tes. 3.1.3 Subject to such conditions as may be prescribed by its own authorities. a C o n m u n g State shall permit immediate entry into its territory of mcue UNCI of other States for the purpose of searching for the site of srcraft accidenu and rescuing survivors of such accidenb. 3.1.4 'Ihe authorities of a Contracting State which wish its rescue units to enter the territory of another Contracting State for search and rescue purposes shall transmit a q u e s t . givmg full details of the projected mission and the need for it. to the rescue mrdination centre of the State concerned or to such other authority as has been designated by that State. 3.1.4. I The authorities of Contracting States shall: -immediately acknowledge the receipt of such a request. and -as soon as possible indicate the conditions. if any, under which the projected mission may be undertaken. 3.1.5 Recommendation.- Contracting States should enter into agreements with ncighbouring Stares setring forth the conditions for emry of each other's rescue units into rheir respectwe tenirories. These agreemem should also pmvide for expediting emry of such units with the least poviblc formalities. 3.1.6 Ruammendetion- Ench Contracting Stare should authorize its rescue coordination centres IO: b) gram any necessary permission for the enfry of such irs aircraff, vessels. personnel or cgurpmnr territory; and into c) makc h e necessary arrangements wrth f h e uppropriare cusfomr. immigrarion o r other aurhorirtes with a view to expediring such entry. 3.1.7 Recammendation- Each Conrrocring Sfate should authorize 11s rescue coordiMrron cenrres to provde, When requested, assistance 10 orher rescue coordlnarion cemres, including assistance in rhe form of aircraft. vessels, personnel or equipmm. 3.1.8 Recammendation.- Conrracring Stares should mb arrangements for joint training exercises mvolving fhrrr search and rescue units, rhose af other States and operators. in order to promote search and rescue cficienq. 3.1.9 Rccomcndation- Contracting Stares should make a m g c m n r s f o r periodic liaison visits bv personnel of their rescue CWrdiMrion centres and subccnrres lo the centres of neighfmuring States. 3.2 Cooperation with other senices 3.2.1 Conuacting States shall arrange for all aircraft. vessels and local services and facilities which do not form pan of the search and rescue organization to cooperate fully with the laner and to extend any possible assistance to the survivors of aircraft accidents. in search and rescue 3.2.2 Contracting States shall ensure that their search and rescue services cooperate for investigating accidents and with those responsible for the care of those who suffered from the accident. responsible with those 3.2.3 Recom~nendation.- To/acilirare accidenr ~nvestiri- gatwn. rescue units should. when prantcable, be accompamed by persons qualified in he conduct of arrcrafr accrdenr investigations. a ) request from orher rescue coordlMnon cenrres such asststance. including orrcrafi. vessels. personnel or equipmnr. as m y be needed; 3.2.4 Slates shall designate a search and rescue point of conmct (SPOC) for the receipt of COSPAS-SARSAT dlstrers data. 60 No. 21218 Act No. 44.2002 GOVERNMENT GAZETTE. I5 JANUARY 2003 SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT. 2002 3 3 Disrtmi~tion of information 3.3.1 Each Convdcung Stale shall publish and dissemi- nate all information necessary for the cnuy of rescue units of other Starcs into its t e m t x y . 3.3.3 Recommendation.- Each Conrracrtng Store recording i n f o m r i o n on the posirion of ships ar sea should disserninarc. on a regular basis, in so for as pmcricoble. such i n f o m r i o n 10 orher Conrracrrng Srares concerned requesring ir. Nor<.- Set 3.1.3. 3.3.2 Recommendation.- When requesred Comracring Stares should make avaihblc. through the rcscue coordlmrion centres or orher agencies. informarion regarding r k i r search and rescue plrurr of opcra'on ; 3.3.4 Recommendation.- Conrracring Stares should. ro rhe L ~ C N desirable and practicable, IO rhe general public directives on acr1on.s IO be :&en when there is reason 10 believe t k r on aircraft is in an emergency and m the ewnr of an aircraft accidenr. dissemrmre 62 No. 24248 Act No. 44,2002 GOVERNMENT GAZETTE. 15 JANUARY 2003 SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT. 2002 CHAPTER 4. PREPARATORY MEASURES 4.1 Requirements for inlormation 4.1.1 Each rescue cmrdination centre shall have available at a l l times uptodale information concernlng the following in respect of its warch and rescue region: a) n s a e urns. rescue subcentres and alening ports: Note.- This informnuon m a y either be kepr in rhe rescue cwrdinarian cenrres o r be readiiy o b r a r d l e if and when necessary. 4.1.4 A large-scale map of the search and rescue region shall be available at each m u e coordlnauon centre for the purpose of displaying and plotung informauon of merest to search and rescue. b) air traffic services units; c) means of communication that may be used in search and rescue operatlons: 4.2 Plan of operation d) cable addresses and telephone numbers of all operaton engaged in oper- or their designated representatives. auons in the reg~on: e) any other publlc and private resources including medical and uansportatlon facil~ues that are likely to be useful In search and rescue. 4.2.1 Each rescue prepare a d e t a i l e d plan for the conduct of search and rescue operations within its search and rescue region. cwrdination centre shall 4.2.2 The plan of opemion shall specify arrange- mens for the servicing and refuelling. 10 the extent possible. of aircraft. vessels employed in search and and vehicles rescue. including those made available by other Slates. 4.1.2 Recommendation.- Each rescue CoordrMrion cenrrc should have avarlnble all orher infomarion of inreresr to search and rescue. rncludrng lnformrrrron regarding: 4.2.3 Recommendation.- The plan of operarron should all acrions ro be raken bv rhose conmrn details regarding engaged in search and rescue, mcluding: a ) rhe lorarrons. call signs. hours of watch. andfrequencies of all rndio starrons likely ro be employed in search and rescue: bJ rhe locations ond hours of watch of services keeptng radio warch. and rhe frequencies guarded: cJ objecrs which Ir is known mighr be mistaken for if wreckage, panrcularly unlocared or unrepaned viewed from rhe alr: a) rhe manner in which search and rescue I S 10 be conducred in rhe search and rescue region: b) rhe use of available communlcarron systems and faciliries; c j rhe a c m m ro be taken jolnrly wirh adlacenr rescue coordination centres; d ) rhe methods of derring en-roure atrcrafr and shlps ar sea: dJ locarions where supplies of droppable emergency and ej rhe duries and prerogarives of personnel nsslgned to survival equlpmenr are stared. search and rescue: 4.1.3 Recommendation.- Each rescue coordimrion cenrre whose search and rescue region d u d e s maririme areas should have r e d v access ro informarron regardrng rhe posirron. true rrack, speed and call sign of ships wrrhrn such areas, whrch may be able ro provide assurance IO atrcrafr In disrress. fi the posstble redeplovmenr of equipmenr rhar mag be necessrrared by mereorologrcal or orher condirrons. g) the mrhods for obrainrng essenrlal informordon relevanr ro search and rescue operarrons. such as wearher r e p o m and forecasrs, approprlare N074M. erc.,

64 No. 24248 Act No. 44,2002 GOVERNMENT GAZETTE. 15 JANUARY 200.2 SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT. 2002 hJ rhe mcrhods for obraining. from other rescue coordi- Miion cenrres, such ass~s~ance, including arrcrafr. vessels, personnel or equipment. as m y be needed: ij the nurhods for arslsring disiresscd aircrafr being comp4ed Io ditch IO rendezvous with surface crefc 4.3.2 Recommendation.- Each rescue umr should make arrangemenrs for rhe supply of addltional crafr or vehicles m case replacement of those already engaged in search and rescue is required, J ) rhe nuthods for assisting search and rcscrre or oiher alrcraff ro rendrzvous wrrh aircraf, in disrress; 4.4 Training k ) the initial acrionr for assisrance 10 an aircrq? known or believed to be SU~JCCI IO unlawful inreference. 4 3 P r e p t o r y prorrdunr for rescue Unitp Recommendation- To achieve and moinrain maximum efficiency in search and rescue. Contracitng Stares should rhclr search and rescue provide for regular training pcrsonnrl and arrange appropriare rescue exercises. search and of 4.3.1 Each reme unit shall 4.5 Removal of wreckage a) be cogntzant of all pans of the plan of operation prescribed in 4.2 that are necessary for the effective conduct of io duties; b) maintain in readiness thc required number of rescue craft and vehicles, c) mantain supplies of rations. medical stores. signalling dev~ces and other survival and rescue equipment: dl keep the rescue wordination centre cumntly informed of the quanuty and preparedness of its eqrupment. 4.5.1 Each Conmcting Stale shall ensure that wreckage resulting from aircraft accidents within its territory or. In lhe case of accidents on the high mas or I , rreas of undetermined sovcreignIy. w l h n the search and m L 3 e regions for whlch I t is responsible, IS removed or oblileraled following completion of the accident investigauon. or chaned. so as to prevent subsequent confusion. 4.5.2 Recommendation.- To facilitare comp!iance wrrh 4.5.1, each Conrracring Srarc should require any perron finding wreckage of aircrafr ro n o r i f y rhe appropriorc aurhorrg as soon as possible. 66 No. 24248 Act No. 44,2002 GOVERNMENT GAZETTE. 15 JANUARY 2003 SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT. 2002 CHAPTER 5. OPERATING PROCEDURES 5.1 Information concerning emergencies 5.1.1 Ruonnnu~dntion- Contracting Sratcs should cncoumge MY person observing M accidenr or having mason IO bclicw that M aimrap is in M emcrgcmy to give immcdiafely all avaika6le information IO the appropriate alcning post or to t k rcscuc coordination ccntrc conccmcd 5.1.2 h y suthority or any element of the search and reme organization hsving -on to tclieve that an aircraft is in an emergency shall give immediately dl available infor- mation to the m e coordination cenw concand. 5.1.3 Rescue coordination cenvcs shall. immediately upon receipt of information concermng aircrait in emergency, evaluate such information and determine IIU extent of the opemion required. 5.1.4 When information concerning aircraft in emergency is received from e sounes than air traffic sewices uniu. the resue coordination centre shall determine to which emergency phase the situstion comsponds and shall apply the procedures applicable 10 that phase. 5.2.1 Uncenainty phase During the unccnainty phase. the rescue coordination c e n w shall cooperate to the utmost with air mffic services units and other appropnw agencies and services in order thal incomtng reports may k spedily evaluated. 5.2.2 Alert phase Upon the cccumnce of M alert phase the rescue coordination centn shall immediauly d e n appropriate search and rescue services units action. and iniuate any necessary and rescue units 5.2.3 Diswss phase When an aircraft Is believed to be ~n distress. or when a distress phase exists. the rescue coordination centre shall: 8 ) initiate action by appropriate search and rescue services units and rcscue units in accordance with the detailed plan of operation; b) ssccnain the position of Ihe aircraft. estimate the degree of uncenainty of this position, and on the basls of t h ~ s information and the circumstances, determine the extent oftheareatobescarched; C) notify the operator. where possible, and keep him infomrd of developments; d) notify adjacent rescue Coordination centres. the help of which seems likely to be required, or which may be c o n c d in the operation; e) notify the assoclaud air uaffc services unlt, when the information on the emergency has been recelved from another source; 0 request at an early stage such aircraft. vessels, coastal stations, or other services not specifically Included In a) as m in a position to do so. to: 1) maintain a listening watch for rransrnission from the urcraft in distress or from an emergency locator transmitter; Note.- The frequencies conroincd in the spec$- (ELTsJ cationr for cmrgcncy locator rromm~ners given in Annex IO, V o l m Ill. ore 121.5 M H z and 406 MHz. 2) assist the aircraft In distress i c ~ far as practlcable; 3) inform the rcscue coordination centre of any developments; g) from the information available, draw up a plan for the conduct of the search andor rescue operation requlred the guldance of the and communicate authorities immediately directing the conduct of such an operation; such plan for h) amend as necessary. in the light of clrcumsmces, the guidance already given In 9); i) notify the State of Reglsuy of the aircraft; j) notify the appropriate accldent invesugatton aurhontles 68 ~ No. 24248 Act Nu. 41,2002 GOVERNMENT GAZETTE. li J,-\NL'AKY 200.: SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT. 2002 The order in whlch followed unless c~rcumslances dlchte otherwise these acttons are descnbed shall be 5 3 Procedures where responsibilit? for operations extends Io two o r more Contracting States 5.2.4 Inntiation of search and rescue actlon I n respect of an aircraft whose posluon IS unknown In the event that an emergency phase LS declared In respect of an amraft whow position is unknown and may be in one of two or mure search and rescue reglona. the following shall apply: a) When a rescue coordtnation centre is notified of the existence of an emergency phase and is unaware of other cenms takmg appropriate acuon. 11 shall assume responslbility for lnltiating suitable action in accordance wlth 5.2 and confer wtth neighbounng rescue coordinauon centres w:h the ObJectIVe of designating one rescue coordinauon centre to assume responobility fonhwlth b) Unless otherwise declded by common agreement of the rexue coordmauon centres concerned, the rescue coordrnation centre to coordmate search and rexue actlon shall be the centre responsible for -the repon I n which the arcraft was according to its la51 reponed positlon; or - the regton to which the airnaft WAS pm&ng when its last reporled position w u at the boundary of two search ard rexue reg~ons, M - the region to which the aircraft was destined when it was not equipped with radio communlcation or not under obligmon to mainlain radio cummumcation. suitable Iwc-way c) After declaration of h e d i w phase. the rescue and m c u e coordlnation cenw coordinating search action shall inform all rescue coordination centres that may become involved In the opermon. of all the circum- stances of the emcrgmcy and subsequent developments. Llkcwlw. all m c u e coordination cenws bccoming aware of any informallon pmainmg to the incident. shall inform the rescue cwrdmauon centre which is coordinating the search and rescue action. 5.2.5 Passing of information to arcraft In mspect of which an emergtncy phase has been declared the rescue cwrdinatlon Whenever apphcable. centre responsible for s e m h and rescue action shall forward to the air traffic servtces unlt serving the flight infonnatlon region in whlch the arcraft 1s opentlng, information of the search and rescue actlon inluated. In order that such tnformauon can be passed lo the arcraft search and Where the conduct of operatlons over the enIlre rescue region one Contracting State. each involved State shall take actlon in accordance with the plan cf opcntion when PO requested by the rescue coordination centre of the region. the responsibilay of more than IS 5.4 Procedures for authorities in the field The authorities Operations or any pan thereof shall immediately directrng the conduct of a) give instructions to the units under rescue coordlnatlon inform the insuuctions; then dmction and centre of such b) kecp the rescue cwrdmauon centre informed of development.. 5.5 Procedures for rexue coordination centres - termination and suspension of operatioos 5.5.1 L'ncenamty and alen phzses an uncenmnty or an alen phase the rescue When during coordination cenm is informed that the emergency exis& it activated or notlfied. shall so Inform any unlt no longer or servlce which it has 5.5.2 Distress phasc 5.5.2.1 When d u n g a dtswss phase rescue coordlnation centre IS informed that the emergency no lonxer exists. it shall k&e the necessary action to termmate the operations and to inform any authonty. unlt or service which it has activated or notified. the 5.5.2.2 If during a dlstress phase 11 IS determmed that the search should be discontlnued. the rescue coordlnation cenlm shill suspend the operations and so Inform any authority. unit or servlce which has been acuvated. Pertinent Informallon operallons subsequently recelved resumed when Justified on the basis of such tnformation shall be evaluated and 5.5.2.3 If dunng a distress phase 11 is derermlned that further searching would be of no aval, the rescue coordlnatlon centre shall termmate the operauons and so lntorm any duthority. unit or service which has been actlvated. 70 No. 24248 Act No. 44,2002 GOVERNMENT GAZETTE. 15 JANUARY 2003 SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT, 2002 5.6 Procedure for w e units -its When notified by the unrt shall: rescue coordmation centre, the rescue a) act as required in the notlficatron; b) keep the rescue coordinauon centre currently informed of the quantity and preparedness of its search and rescue equipment; c) keep the rescue coordinauon ceqm currently informed of 1 1 s operations. 3.7 Procedures for person-ioshsrge of lbe r-e unil a1 the m n e of a n accident The penon ass~gned IO be in charge of the rescue unit at the scene of an accident shall act as required by the rescue coordmation centre and shall: a) ensure that no nsk of settlng fire to the aircraft is created by the use of Improper types of hghts or by to produce electric or fnction equrpment Ilkely s p a r k , b) give aid to survivors: c) except as necessary for b). or when otherwise directed. ensure that the wreckage of the aircraft or marks made by it In landmg are not disturbed until all information the causes of the accident requrred for ~nvest~ga~ion of has been obmned. 5.8 Procedures for pilols-in-command at the scene of an accident 5.8.1 When a pilot-in-command obscrves that either another alrcraft or a surface crafl is in drstress. he shall. unless he is unable. or in the circumstances of the case considen it unreasonable or unnecessary: a) keep in sight the craft in drstress until such time as his presence is no longer necessary; b) if his position is not known with cenarnty. take such acuon as will facilriate Ihe determiwon of it: c) rcpon to the rescue iur traffic services unrt as much of the following information as possible: coordination centre or position. expressed In geographlcal coordl- beanng from a nates or in distance and true drstinctive landmark or from a radro navlgauon aid; -time of observation expressed in hours and rnlnutes Coordinated Universal Time OJTC); -number of persons observed; -whether persons have been seen to abandon the craft in distress; - number of persons observed Io be afloat; - apparent physical condition of survivors; d) act as instructed by the rescue coordination centre or the air mffic services unit. 5.8.1.1 If the first aircraft to reach the scene of an 11 shall take a search and rescue mrcraft accident is not charge of on-scene activities of all other alrcrafr subse- quently amvmg until (he Rrsl search and rescue urcraft reaches the scene of the accident. If. in the meantime. such aircraft is unable appropriate rescue coordinauon centre services unlt. It shall, by mutual agreement. hand over to an aircraft capable such of the f i r s t search and commumcatrons unul the arrival rescue aircraft. of establishing and rnarnralning to establish communicauon or arr with the rraff~c 5.8.2 When it IS necessary for an arcraft to direct a surface craft to the place w k r e an arrcraft or surface craft is in distress. the alrcraft shall do so by transmlttlng preclse If no radlo insnuctrons by any means its drsposal at communicat$on can be established the arrcraft shall use the appropriate signal in the Appendix. 5.8.3 When it is necessary for an urcrafl to convey information 10 survivors or surface rescue unlts. and two-way Communication its not avnlable. I t shall. i f practrcable. drop communication equrpment that would enable drrecl contact to be established. or convey the informatson by dropping the message. 5.8.4 When a ground signal has been dlsplayed. the nrcrafl shall indicate whether the signal has been understood described in 5.8.3 or. if thls IS not or not by the means pracucable, by use of the appropnve signal rn the Appendix. 5.9 Procedures for pilot-in-command intercepting a distress transmission -type of craft In distress. 11s ldenrificatlon and condrtion; Whenever a distress stgnat andor message or equivalent transmisston is intercepted on radiotelegraphy or radio- telephony by a pllot-in-command of an alrcraft. he shall. 72 No. 24218 Act No. 44,2002 GOVERNMENT GAZETTE. 15 JAKUARY 200.: SOUTH AFRICAN MARITIME AND AEROKACTICAL SEARCH AND RESCUE ACT. 2002 a) record the posruon of the craft in disuesr if gwen; b) if possible take a bearing on the uansmission, c) Inform the appropriate rescue cwrdination centre or air vaffic services unit of the disvess transmssron, giving a l l avulable information; d) at his drscretion. while awaiting ~ns~uctions, proceed to lhe position gwen in rhe nanrmisslon. 5.10 search snd reacne signals 5.10.1 ' h e signals in lhe Appcndrx shall, when uwd, have the munrng indicated thereln. 'hey shall bc used only for the purpose indrcaled and no other signals likely to be confused w~th them shall be used. 5.10.2 Upon ObseMng Appendix. arcraft shall required by the mterpretation of the signal Appendix. any of the srgnais glven ~n !he msy be lake such action as glven In lhar 5.11 Mainlenance of records 5.1 1.1 Reommendation.- Each rescue coordrmrion centre should keep o record of the operarionni eficrenq ofrhe senrch and rescue 0rgnni:ation in its region 5.1 1.2 Recommendation- Each rescue coordrnarron centre should p r e p r r nppmisols of ocruol search and rescue operntionr rn its regron These oppr&aO should comprise a m penincnr remarks on the procedures used by the pilor ond on the emergency and survival equipmenr. and any suggesrronr for improvement of those procedures and equipmenf. Thosc apprairais which are likeiv ro be of intercsr ro orher Srorer should be submrrred IO !CAO for infofmarioti and dtrsema- nation tu appropnare. GOVERNMENT

14 No. 24248 GAZETTE. 15 JANUARY 200.7 Act No. 44,2002 SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT. 2002 APPENDIX. SEARCH AND RESCUE SIGNALS (Note.- See Chapter 5. 5.10 of the Annex)

1. Signals with surface craft Repetition of such manccuvm has the sanu meatung. 1.2 The following manoeum by an aircraft means that the a s s i s m e of the surface craft to wtuch the signal is directed is no long- required: -massing the wake of the surface craft close astern at a low altiNde and: I) rocking the wings; or 2) opening and closing the throttle; or 3) changing the propeller pitch. Note.- See Note followrng 1.1 bi. 2.1 Ground-air visual signal code for use by SUI-VIVOTS No. MSrSape Cod6 symbol Note.> The following replies may be made by surface cmfl to the s i p ~ l in 1.1: - For acknowledging receipt of sigMls: I ) the hoisting of the "Code pem" (vem'cal w d and w h m stripes) close up (mranmng undemaod): 2) rhrJloshing ofa succession of "Ts" by SigMl lamp In rhr Morse code: 3) the clvurging of heading to follow tk aircraft. - For indicating inability to comply: I ) the hoisting of t k internrUi0Mlfig "N** (a blue and white checkered square): 2) r h e fhshing of a succession of "Ns" in the Morse C o d r . 1.1 'Ihe following manceuvres performed in rquence by an aircrafl mean h a l the a i r c d t wishes to direct a surfw craft towards an aircraft or a surface craft in distress: a) circling the surface craft at least once; b) crossing the projected c w n e of the surface craft close &&I I IOW ailitude and: 1) rocking the wlngs; 01 2) opening and closing the throttle; or 3) changing the pmpller pitch. Note.- Due to high noise level on board SU$YC~ craft, the sound signals in 2) and 3 ) may be less effective than the v n M l sigM1 in I ) and are regarded os alternative mrm of anmcting attention. c) heading in the direction IO which the surface craft is to be directed. 76 No. 24248 Act No. 44,2002 GOVERNMENT GAZETTE, 15 JANUARY 2003 SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT, 2002 2.2 Ground-air visual signal code for use by rescue umts 2.3 Symbols shall be at least 2.5 mews (8 feet) long and shall be made as conspicuous as possible. Note 1.- Symbols may be formed by anv menns such a: slrips of fabric. pnrachure marcrial, puccs of wood. sroncs or such like marerial; marking the sqfacc by rrampmg. or staining wirh oil. crc. Nore 2.-Anenrion to the above signals may be nrrracred by o t k r nuam such as radio, $ares. smok. rcflecred lighr. crc. 3.1 Yhe following signals by aircraft mean that the ground signals have been understood: a) during the hours of daylight -by rocking the aircraft's wings; b) during the hours of duknus: - flashing on and off twice the amraft's landing lights or, if not so equ~ppcd. by rwtuhing on and off t w w its nnvigauon lights. 3.2 Lack of the abovc signal indrcates thaI the ground rignal,is not understood 78 No. 24248 Act No. 44,2002 ~- GOVERNMENT GAZEITE. 15 JANUARY 2003 ~~~ SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE ACT, 2002 SCHEDULE 3 (Section 25) No. and year of Act Act No. 74 of 1962 Short title Aviation Act, 1962 Government Notice No. R.1219 of 26 September 1997 Civil Aviation Regulations, 1997 Extent of repeal Repeal of sections 17 and 22( I)(m)(vii). Repeal of Part 172 subpart 4.