Air Traffic and Navigation Services Company Act, 1993 (Act No. 45 of 1993)12. Sale or closure of air navigation infrastructure or curtailment of air traffic service or air navigation service |
| (1) | If the company has indicated in a business plan contemplated in section 7 that it intends to close or, sell any air navigation infrastructure mentioned in section 6(1)(a) or to terminate or substantially curtail an air traffic service or air navigation service which was rendered by the State or any person on behalf of the State immediately prior to the transfer date, the company shall at the same time as it submits such business plan to the Shareholding Minister in terms of section 7, submit a copy thereof to the Committee. |
| (2) | The Committee shall— |
| (a) | consider and evaluate the implications of the intended action of the company mentioned in subsection (1) for— |
| (i) | the transport system of the Republic; |
| (ii) | the users of the said infrastructure or such service; and |
| (iii) | any other affected institution or person; and |
| (b) | make recommendations to the Minister regarding any action which he may take in terms of subsection (3) or (4). |
| (3) | The company shall not, unless agreed to by the Minister with the concurrence of the Shareholding Minister, take any action contemplated in subsection (1) unless it has in terms of that subsection indicated at least three financial years prior to taking such action its intentions in that regard. |
| (4) | The Minister may, with the concurrence of the Shareholding Minister and the Minister of State Expenditure, compensate the company from moneys appropriated by Parliament for the continued operation of an air navigation infrastructure, an air traffic service or an air navigation service contemplated in subsection (1). |