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
Purchase cart Previous page Return to chapter overview Next page

 

(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 Regulator.

[Section 12(1) substituted by section 3(3) of Schedule 1: Consequential Amendments of the Economic Regulation of Transport Act, 2024, Notice No. 4958, GG50799 dated 11 June 2024]

 

(2)The Minister—
(a)shall 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) may request advice from the Transport Economic Regulator, in terms of the Economic Regulation of Transport Act, 2020, regarding any action that the Minister may take in terms of subsection (3) or (4)

[Section 12(2) substituted by section 3(3) of Schedule 1: Consequential Amendments of the Economic Regulation of Transport Act, 2024, Notice No. 4958, GG50799 dated 11 June 2024]

 

(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).