Air Traffic and Navigation Services Company Act, 1993 (Act No. 45 of 1993)11. Economic regulation of company |
| (1) | The company shall not levy an air traffic service charge unless it is in possession of a valid written permission thereto. |
| (2) | Unless otherwise provided for in this Act, the company shall apply to the Committee for the issuing of a permission, at the beginning of the third financial year of the period of validity of any permission held by the company. |
| (3) | Any such application shall in respect of the financial year mentioned in subsection (2) of this section, be accompanied by the approved business plan contemplated in section 7. |
| (4) | The company shall, at the request of the Committee, make available to the Committee such information pertaining to the matters mentioned in subsection (10) as may be required by the Committee. |
| (5) | The Committee shall within six months after receipt of an application mentioned in subsection (2), issue to the company a permission, which shall be valid from the beginning of the ensuing financial year. |
| (6) | A permission shall be valid for a period of five financial years. |
| (7) | The Committee shall, as conditions of the permission, issued in terms of subsection (5)— |
| (a) | determine for each financial year for which a permission is valid— |
| (i) | a limit on the total amount that may be levied by way of all air traffic service charges; |
| (ii) | a limit on the amount of any particular air traffic service charge or any category of air traffic service charges; or |
| (iii) | a combination of the limits mentioned in subparagraphs (i) and (ii); and |
| (b) | prescribe in respect of any air navigation infrastructures, any air traffic services or any air navigation services, service standards which shall conform to internationally accepted and recommended practices. |
| (8) | The Committee shall not amend any condition in respect of the last two financial years of a permission mentioned in subsection (2) which will be replaced by the permission to be issued in terms of subsection (5). |
| (9) | In performing any function in terms of subsection (7), the Committee may consult with interested parties as it thinks fit. |
| (10) | The Committee shall perform its functions in terms of subsection (7) in such manner as it deems is best calculated to— |
| (a) | restrain the company from abusing its monopoly position; in such a manner as not to place undue restrictions on the company's commercial activities; |
| (b) | promote reasonable interests and needs of users of any navigation infrastructure or air traffic services; |
| (c) | promote the safe, efficient, economic and profitable operation of air navigation infrastructure, air traffic services and air navigation services; |
| (d) | encourage timely improvement of air navigation infrastructure so as to satisfy anticipated demands by the users of the infrastructure; and |
| (e) | ensure that the company, after taking into consideration any compensation paid or to be paid to the company by the State in terms of the provisions of this Act or any other law, is able to finance its obligations and have a reasonable prospect of earning a commercial return. |
| (11) | Subject to the Minister's approval, the Committee may at any time amend any condition mentioned in subsection (7), of a permission. |
| (12) | The company shall at all times comply with the conditions mentioned in subsection (7). |