Airports Company Act, 1993 (Act No. 44 of 1993)1. Definitions |
| (1) | In this Act, unless the context otherwise indicates— |
[Words preceding definition of "airport" substituted by section 1(a) of Act No. 2 of 1998]
"airport"
means a demarcated area on land or water or a building which is used or intended to be used, either wholly or in part, for the arrival or departure of aircraft and includes a building, installation or equipment within that area which is used or intended to be used in connection with the arrival, departure or movement of aircraft;
[Definition substituted by section 1(b) of Act No. 2 of 1998]
means an amount levied by the company—
| (a) | on an operator of an aircraft in connection with the landing, parking or take-off of such aircraft at a company airport, including an amount determined to any extent by reference to the number of passengers on board an aircraft; or |
| (b) | on aircraft passengers in connection with their arrival at or departure from a company airport by means of an aircraft; |
means the Air Traffic and Navigation Services Company Act, 1993 (Act No. 45 of 1993);
[Definition inserted by section 1(a) of the Airports Company Amendment Act, 2020 (No. 17 of 2020), GG44225, dated 4 March 2021]
means the Appeal Committee established in terms of section 12B;
[Definition inserted by section 1(a) of the Airports Company Amendment Act, 2020 (No. 17 of 2020), GG44225, dated 4 March 2021]
means the Committee’s guidelines to the company for the submission of a permission application;
[Definition inserted by section 1(a) of the Airports Company Amendment Act, 2020 (No. 17 of 2020), GG44225, dated 4 March 2021]
"Committee"
means the Regulating Committee established by section 11;
means the Companies Act, 2008 (Act No. 71 of 2008)
Definition inserted by section 1(b) of the Airports Company Amendment Act, 2020 (No. 17 of 2020), GG44225, dated 4 March 2021]
means the Airports company established in section 2 and re-classified as a state owned company (SOC) Limited in terms of the Companies Act, subject to the applicable transitional arrangements under section 224 and Schedule 5 of the Companies Act;
[Definition substituted by section 1(c) of the Airports Company Amendment Act, 2020 (No. 17 of 2020), GG44225, dated 4 March 2021]
means —
| (a) | an aerodrome which was transferred to the company in terms of section (6)(1)(a); or |
| (b) | subject to subsection (2)— |
| (i) | airport acquired or constructed by the company as contemplated in section 13A(1); or |
| (ii) | any other airport managed, controlled or operated by the company, |
which is an international or national airport;
[Definition substituted by section 1(d) of Act No. 2 of 1998]
"Department"
means the Department of Transport;
means the Director-General for the Department of Transport;
Definition inserted by section 1(d) of the Airports Company Amendment Act, 2020 (No. 17 of 2020), GG44225, dated 4 March 2021]
means price controls for a company’s airport infrastructure and air navigation infrastructure
Definition inserted by section 1(d) of the Airports Company Amendment Act, 2020 (No. 17 of 2020), GG44225, dated 4 March 2021]
in relation to the company, means a year terminating on the last day of March;
means the Minister of Transport;
means a permission mentioned in section 12(1);
means prescribed by regulation;
Definition inserted by section 1(e) of the Airports Company Amendment Act, 2020 (No. 17 of 2020), GG44225, dated 4 March 2021]
means the Public Finance Management Act, 1999 (Act No. 1 of 1999);
Definition inserted by section 1(e) of the Airports Company Amendment Act, 2020 (No. 17 of 2020), GG44225, dated 4 March 2021]
means the provision at a company airport of any service or facility for the purposes of—
| (a) | the landing, parking or take-off of an aircraft; |
| (b) | the handling or cleaning of an aircraft, the supply of provisions to an aircraft, including, but not limited to, food,or the emergency servicing of an aircraft on an apron, including the supply of fuel; or |
| (c) | the handling of aircraft passengers or their baggage or of cargo at all stages while they are or it is on the premises of such airport, including the transfer of such passengers, their baggage or such cargo to and from an aircraft, but excludes the refreshment of passengers or the supply of consumer goods at such airport; |
[Definition substituted by section 1(e) of Act No. 2 of 1998]
means the Minister designated in terms of section 3(3);
[Definition substituted by section 1(f) of Act No. 2 of 1998]
includes the regulations;
means the date on which the Minister gives effect to the provisions of section 6(1), and which shall be published by the Minister by notice in the Gazette.
(2)
| (a) | An airport referred to in paragraph (b) of the definition of "company airport" in subsection (1) shall not include an airport in respect of which the aggregate, as stated or otherwise shown in the financial statements of the business, of all sums received in the course of the business carried on at the airport— |
| (i) | is less than R10 million in the immediately preceding period of 12 months ending on 31 March; or |
| (ii) | can reasonably be expected to be less than R10 million in the period of 12 months ending on 31 March. |
| (b) | The amount of R10 million referred to in paragraph (a)(i) and (ii) shall be adjusted on 31 March of each year in accordance with the weighted average of the consumer price index as published from time to time in the Gazette for the immediately preceding period of 12 months. |
[Section 1(2) inserted by section 1(g) of Act No. 2 of 1998)