Civil Aviation Act, 2009 (Act No. 13 of 2009)

Regulations

Civil Aviation Regulations, 2011

Part 11 : Procedures for making regulations and technical standards, granting exemptions and notifying differences

Subpart 3 : Procedure for making regulations and issuing technical standards

11.03.2 Processing and consideration of proposals
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(1)Proposals for submission to the committee shall be lodged with the Secretariat at least four weeks before the meeting in which the proposal will be tabled.

 

(2)Any proposal for the amendment of Regulations, which require an amendment or introduction of Technical Standards, shall also be accompanied by the amendment or introduction of such Technical Standards.

 

(3)The Secretariat shall review any received proposals to ensure compliance with subregulations (1) and (2) and thereafter submit the proposal to the committee Chairperson, who will circulate copies thereof to committee members for consideration. The proposal shall be tabled in the subsequent committee meeting for scrutiny.

 

(4)If so directed by the Chairperson, the proposer may be requested to give a short presentation on the proposal at a committee meeting to clarify certain issues.

 

(5)During a committee meeting in which the proposal is tabled for scrutiny, the committee may—
(a)if it is of the view that the proposal does not have any merit, reject the proposal and refer it back to the proposer with written reasons thereof;
(b)if it is of the view that the proposal should be referred to a Sub-Committee for scrutiny, refer the proposal to the Chairperson of the relevant Sub-Committee for tabling at a meeting of the Sub-Committee for scrutiny;
(c)if it is of the view that in the light of the nature and ambit of the proposal, it need not be referred to the relevant Sub-Committee, direct that the said proposal be published for comments in terms of subregulation (6).

 

(6)Once a proposal has been approved by committee or the relevant Sub-Committee for publication for comments, the CARCom Secretariat shall publish the proposal in the case of Regulations, in the Government Gazette or, in the case of Technical Standards, on the Authority website.

 

(7)A period of not less than 30 days from the date of publication of the proposal shall be allowed for interested parties to submit written comments regarding the proposal to the Secretariat.

 

(8)The Secretariat shall, as soon as possible after the closing date for comments, submit the proposals together with any comments received to the relevant Sub-Committee, or if the proposal was published in terms of subregulation (5)(c) to the committee, for discussion.

 

(9)
(a)The Sub-Committee shall, after discussion, submit to the CARCom Secretariat the final proposal, as well as any minority view for discussion at a subsequent committee meeting, in the format as indicated on the Authority website.
(b)The Chairperson of the relevant Sub-Committee shall present to committee a summary of the discussions in the Sub-Committee.

 

(10)The committee shall, at its meeting, deliberate on the proposals and may decide—
(a)to recommend the proposals for approval for promulgation in the Government Gazette or, on the Authority website, as the case may be;
(b)to refer it back to the relevant Sub-Committee for further deliberations; or
(c)to reject the proposal.

 

(11)Once a proposal for—
(a)regulations is recommended by the committee, the committee Chairperson and the Director shall sign off the submission of recommended proposals, for promulgation, to the Minister within 7 days of these being approved.
(b)technical standards is recommended by the committee, the Chairperson shall sign off the submission of the recommended proposals, to the Director within 7 days of these being approved.

 

(12)An oral submission on a proposal shall be permissible only if it clarifies a written comment submitted in terms of this clause.

 

(13)In the event that a proposal affects a specific group, experts in their respective fields may, with the consent of the Chairperson of committee, be called upon to present a specific case. Such participation shall be on an ad hoc basis, and shall not entitle the experts to membership or voting rights in CARCom.