Aviation (Amendment) Act) 1989
This provision says the Act may be cited as the Aviation (Amendment) Act, 1!)89, and it is to be read together with the Aviation Act.
AI-assisted research synopsis — verify against the official legal text below.
- Jurisdiction
- Zambia
- Instrument
- Act or statute
- Citation
- Act 16 of 1989
- Version
- 18 Aug 1989
- Language
- en
- Official source
- View official record ↗
Publicly available, excluded from search-engine indexing
This page remains available for direct access and API use, but this release emits
noindex,follow for the following reason:
- The record does not meet this release's canonical indexing criteria.
(market-indexing-disabled)
Statute overview
About this statute
This provision says the Act may be cited as the Aviation (Amendment) Act, 1!)89, and it is to be read together with the Aviation Act. This section amends the principal Act by inserting a heading before section 1. This section amends section 22 of the principal Act by replacing the word “Act” with “Part”. The principal Act is amended by adding a new Part II after section 22 for the National Airports Corporation Limited. This Part starts on a date appointed by the Minister by statutory instrument.
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of Aviation (Amendment) Act) 1989
Showing 15 of 15
- 1 Verify source ↗
This Act may be cited as the Aviation (Amendment)
AI-assisted research summary: This provision says the Act may be cited as the Aviation (Amendment) Act, 1!)89, and it is to be read together with the Aviation Act.
1. This Act may be cited as the Aviation (Amendment) Act, 1!)89, and shall be read as one with the Aviation Act in this Act referred to as the principal Act. - 2 Verify source ↗
The principal Act is amended by the insertion immedia
AI-assisted research summary: This section amends the principal Act by inserting a heading before section 1.
2. The principal Act is amended by the insertion immedia tely before section one of tl1e following heading: Enaotment Short title Cap. 740 Amendment of principal Aot PART I GENERAL
Part
PART I
- 3 Verify source ↗
Section twenty-two of the principal Act is amended b y Amendment
AI-assisted research summary: This section amends section 22 of the principal Act by replacing the word “Act” with “Part”.
3. Section twenty-two of the principal Act is amended b y Amendment ofseotion 22 the deletion of "Act" and the substitution therefor of " Part ". - 4 Verify source ↗
The principal Act is amended by the addition immedia- Addition of
AI-assisted research summary: The principal Act is amended by adding a new Part II after section 22 for the National Airports Corporation Limited.
4. The principal Act is amended by the addition immedia- Addition of new Part II tely after section twenty-two of the following new Part: PART II THE NATIONAL AIRPORTS CORPORATION LIMITlllD
Part
PART II
- 23 Verify source ↗
This Part shall come into operation on such date as
AI-assisted research summary: This Part starts on a date appointed by the Minister by statutory instrument.
23. This Part shall come into operation on such date as the Minister may, by statutory instrument, appoint . - 24 Verify source ↗
In this Part unless the context otherwise requires
AI-assisted research summary: This section defines several terms used in this Part, including “appointed date,” “Company,” “designated airport,” “designated aerodrome,” “designated company,” and “specific functions.”
24. In this Part unless the context otherwise requires " appointed date" means the date appointed by the :tvtinister under section twenty-three as the date of commencement of this Part; Co=ence meut Interpre tation "Company" means the National Airports Corporation Limited, a company limited by shares and registered under the Companil!s Act; Cap.686 Single copies of this Act may be obtained from the Government Printe,o, P.O. Box 30136, LwJaka. Price 2Cm. No. 16 of 19891 Aviation (Amendment) "designated airport" means Lusaka International Air port, Ndola Airport, Livingstone Airport, Mfuwe Airport, and any other airport which the Minister may designate by statutory instrument; " designated aero,lrome " means any aerodrome designated by the Minister, by statutory instrnment, to be owned, managed and administered, by a designated company: "designated company" means any company designated by the Minister, hy statutory instrument, to own. manage and administer any designated aerodrnme and to carry nut sperifio functions relating to the aerodromes " specific functions " means any function transfen-ed to a design a tc<l company by virn1c of this Act. Transfer of deslg11ated airports, fuuoti,ms, assets an,j liabilities - 25 Verify source ↗
On and after the appointed date there shall he rran•
AI-assisted research summary: On and after the appointed date, designated airports and related Government functions, property, rights, liabilities, and obligations are transferred to and vest in the Company.
25. On and after the appointed date there shall he rran•;. ferred to, and vest in, the Company- (a) designated airports: (b) subject to any conditions which may be imposed by the Minister, those functions which prior to the commencement of this Part were functions exerdsecl by t11e Government in relation to designated au:p,,rts; a11cl (c) all property, rights, liabilities and ouligations whirh immediately before the appointed date were property, rights, liabilities and obligations of the Government relating to rlesigna tcd airports. Fll!1otions of oompaay - 26 Verify source ↗
(l) The functions of the Cvmpany shall be
AI-assisted research summary: The Company must carry out specified airport and aviation functions, and it may do necessary or incidental acts to perform them.
26. (l) The functions of the Cvmpany shall be - (a) fun<;tions referred to in paragraph (b) of section twenty-jfre; (b) subject to the tlire.:ition of the Minister, to provide air traffic con trul service throughun t the Republic; (c) to provid� aircraft services at designated airports; (d) to provide fire an<l rescue services at designated airports and if directed by the Minister provide fire and rescue senriees at other airports; (e) to provide and maintain navigational and tele communications aids throughout tlie Repu ulic; (/) to provide security at designated airports; and (y) to provide terminal facilities for pasEengers nnd cargo at designated airports. (�) In performing the functions set out ill subsection (1) t1e Company may- (u) vlan, develop, construct an<l maintain runways ta...x.iways, avrons, terminal and ancillary buildings; Avintion (Amendment) (No. 16 of 1989 131 (b) arrange for postal, money exchange, insurance and telephone, facilities for the use of passengers and other persons at desfonated airports; (c) regulate and control the movements of vehicles and the entry and exit of passengers at designated airports; Hand (rl) do all acts ancl things as may he necessary or incidental for the pcrformanc-e of its f1mctionc, under this Part. - 27 Verify source ↗
(l) The Company may, with the api):-oval oftbr. Minister,
AI-assisted research summary: The Company may set certain airport charges and rentals, but approval of the Minister is required for the charges listed in subsection (1), and some determinations must be published in the Gazette.
27. (l) The Company may, with the api):-oval oftbr. Minister, determine- (a) landing charges, hang,.r rharges. parking charges, other rhar�es and fet:s f,.r any service renderecl by the company to air<·r.,ft. passengers and cargo and the public at designated airports; and (b) o\·erflying rharges throughout the Rep:1hlir. (2) The c·har_ges determined under s11 '1�1:c·tion (I) shall be p:i blished in the Orrzr,fl, .. (3) Notwithstanding Sil IJsertion (2). the C'ompany may, in relation to spec·ial circumstances of any partiwlar ca<.e determine thr: char.!!CS and feec; applicable to s11ch case in rc�peot of any scrvicc:s to airrraft, passen�crs, cargo, and the publir prodrlerl hy it and the <'hargc5 r.ncl fees sh:ill ha,·e immecliate effect in relatio:i tc, such case. Provided that su1 h conclitio:1s, char;;es, and fees shall as s,11,ll as practi1 able after sHch determination, be published in the 017.:ellr. (--1) The Company may determine and charge rentals at dc�ignated airports. - 28 Verify source ↗
I I) The C'nmp.iny may construct any drains which may
AI-assisted research summary: The Company may build drains needed to carry storm water to natural drainage, and must pay reasonable compensation if that drainage construction damages property.
28. I I) The C'nmp.iny may construct any drains which may I.Jc necessary for the purpose uf leading storm water, wh.ich would otherwise naturally gather or impinge on any designated airport or any radio or electronh· apparatus or equipment which has liei.:n installed as a communication or navigatiun aid, to its nearest natural drainage. (2) If as a result of the construction of any such drain such storm water causes clam age to any property, the Company shall pay rt!asonable compensation to any person aggrieved. (3) ln tlie event of any tlispu te as to the cause of the damage or the amount of co,npensation, tl1e matter shall be referred to arbitration in ac<·orclance with subsection (4) of section IJc;/JelL. Power of Comrar1y tll dotormil,e oharges, fees, et.c. Power to oonstruct drah1s - 29 Verify source ↗
(1) Whenever in pursuance of this Part any property,
AI-assisted research summary: The Company must apply in writing to register a government transfer, and the registration officer must record the transfer and related documents.
29. (1) Whenever in pursuance of this Part any property, rights, liauilities or ouligations, of the Government are deemed transfcrrcJ in rcsp..:d of wbtch transfer a written Jaw provides for rt.:gisu·auon, tho..: Uompany shall make an ap1)lication in writing to the pr,ipcr officer of the appropriate registratio,1 au tlwrity for the rc61s u· .1 tion uf the tra11sfer. Rcglstratlc,n of property to be trausferred by URZ to Company 132 No. 16 of t 089] A viatfon ( A m1milment) Agreements, etc., to be assumed by Company (2) The officer referred to in subsection ( l ) shall make such entrjes in the appropriate register as shall give effect to the transfer and, where appropriate, issue the transferee concerned a certitica te of title in respf'ct of the property or make necessary amendments to the register, as the case may be and shall make endorsement on the deeds relating tu the title, right or obligation concerned ; and no registration fees, stamp duty or other duties shall be payable. - 30 Verify source ↗
( I ) On and after the appointed date except as provided
AI-assisted research summary: Certain government-related deeds, bonds, agreements, and related documents continue to operate after the appointed date as if the Company were substituted for the Government, subject to this Part and limits in the document itself.
30. ( I ) On and after the appointed date except as provided in this Part, every deed, bond and agreement (other than an agreement for personal service) to which the Government was a party immediately before the commencement of this Part, relating to designated airports and functions referred to in section twenty-8ix, whether in writing or not, and whether or not of such nature that rights, liabilities and obligations thereunder could be assigned, shall, unless hs subject-matter or terms make it impossible that it should have effect as modified in the manner provided by this subsection, have effect as from the date of the assignment, as if- (a) the Company had been a party to them ; (b) for any reference to the Government there was sub stituted, a� respects anything falling to be done, on 01· after the commencement of this Part, a reference to the Company ; and (c) for any reference to an officer of tbe Government who is not a party to the deed, bond or agreement and beneficially interested in them there were sub stituted, as respects anything to be done on or after the commencement of this Part, a reference to su<:h officer of the Company as the Company shall designate. (2) Subject to subsection ( 1 ) , documents other than those refened to in that subsection which refer specifically or generally to the Government of the Republic of Zarn hia sh all be construed in accordance with that su bsection as far as applicable. Transfer of service of employees - 31 Verify source ↗
( I ) Where any person who was in the service of the
AI-assisted research summary: Some Government staff transferring to the Company keep terms no less favourable than before, and can stop the transfer by giving written notice within 3 months.
31. ( I ) Where any person who was in the service of the Government at designated airports or was performing f motions referred to in section twenty-six, immediately before the commencement of this Part, voluntarily transfers from that service to the service of the Company, his terms and condition of service with the Company sbaU be no less favourable than those he enjoyed while in the service of the Government and his previous service with the Government shall be treated as service under the Company for the purposes of determining his rights, to or eligibility for, pension, gratuity, leave or other benefits. (2) A person to whom subsection (1) applies shall be deemed to have voluntarily transferred his servwes to the Company unless within three months from the commencement of this ; '.A.maiwii (Amendment) [No. 16 of 1989 . 133 Part be gives notice · in writing to the Government with a copy to the Company stating his intention not to transfer . from the service of the Government. Legal proceedings
Part
Part be gives notice · in writing to the Government with a
- 32 Verify source ↗
(1) Without prejudice fo ··tne ·otlfor 'pro'vi�ions of this
AI-assisted research summary: The Company and others get the same legal rights and remedies for transferred matters, pending proceedings may continue against the Company, and the Company has immunity from suits for good-faith acts except where there was lack of reasonable care, diligence, or skill.
32. (1) Without prejudice fo ··tne ·otlfor 'pro'vi�ions of this Part, where any right, liability or obligation vests in the Company by virtue of the Part, the Company and all other persons shall, as from the commencement of this Part, have the same rights, powers and remedies (and in particular the ·same rights as to the instituting or defending of legal pro ceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing that right, liability or obligation as they would have had if it had at all times been a right, liability or obligation of the Company. (2) Any legal proceedings or application to any authority pending immediately before the commencement of this Part by or against the Government in relation to the assets and functions transferred to the Company may be continued by or against the Company. (3) After the commencement of this Part, proceedings in respect of any right or obligation which was vested in, held, enjoyed, incurred or suffered by the Government relating to the designated airports and functions transferred to the Company, may be instituted by, or against the Company. 33. No suit, prosecution or other legal proceeding shall lie against the Company or any member or any officer or any employee or any agent of the Company for anything which is in good faith done or intended to be done in pursuance of this Part or of any rule or regulation made thereunder or for damage sustained by any aircraft or vehicle or for loss of life or personal injury in consequence of any defect in any of the designated airports or other things belonging to or under the control of the Company except where such damage, loss, loss of life or injury or personal injury is caused by want of reason able care, diligence or skill on the part of the Company or any member or any officer or any employee or any agent. Immunity of Company - 34 Verify source ↗
(!) The Minister may, after consultation with the
AI-assisted research summary: The Minister may make regulations, after consulting the Company, to carry out this Part.
34. (!) The Minister may, after consultation with the Company, make regulations to provide for matters necessary to give effect to this Part. (2) Without prejudice to the generality of subsection (I) such regulations may- Regulat.ions relating to ciesignat.e:d airports ar1d Companr (a) provide for securing the safety of aircraft, vehicles and persons using designated airports and preventing danger to the public arising fro111 the use and operation of aircraft in the designated airport ; 134 No. 16 of 19_8_9-=-] _____ A,,iation (Amend_ment __ ) _____ _ (b) provide for preventing obstruction within designated airports for its normal fonctioning ; (c) prohibit the parking or waiting of any vehicle or carriage within a designated airport except at places specified by the Company ; (d) prohibit or restrict access to any part of designated airports ; and (e) provide for preserving order within the designated airports and preventing damage to property therein.
Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.
Ask AI about this statute
Aviation (Amendment) Act) 1989
Sign in to ask AI about this statute
Sign in to start authenticated, citation-grounded statute research.
Sign in