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Air Traffic and Navigation Services Company Act, 1993 (Act No. 45 of 1993)


Publication of Air Traffic Service Charges

1. Interpretation


For the purposes of these Rules, unless the context indicates otherwise—



means Airports Company South Africa SOC Limited;


''ACSA airport"

means a company airport as defined in section 1 of the Airports  Company Act;


"ACSA TMA airspace"

means TMA airspace associated with an ACSA airport, but in which may also be non-ACSA airports;



means an Aeronautical Information Circular;



means an Aeronautical Information Publication;



means any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the surface of the earth, and includes any non-type certificated aircraft;



means an aerodrome as defined in section 1 of the Civil Aviation Act, 2009 (Act No. 13 of 2009), and includes an ACSA airport;


"Airports Company Act"

means the Airports Company Act, 1993 (Act No. 44 of 1993), as amended;


"Air traffic control unit"

means an aerodrome control tower, an approach control office or an area control centre or a combination thereof;


"Air traffic management (ATM) services"

includes without Iimitation—

(i) airspace organisation and management services;
(ii) information management services;
(iii) alerting services;
(iv) advisory services;
(v) conflict management services;
(vi) traffic synchronisation services;
(vii) flight information services; and
(viii) demand and capacity balancing services;


"Air traffic service charge"

means an amount levied by the Company on the operator of an aircraft in connection with the provision of air traffic services to that operator;


"Air traffic service reporting office''

means an air traffic service unit established for the purpose of receiving reports concerning air traffic services and flight plans submitted before the departure of an aircraft from an aerodrome:


"Air traffic service unit"

means an air traffic control unit, flight information centre or air traffic service reporting office;


''Alerting service"

means a service provided to notify the appropriate organisations regarding aircraft in need of search and rescue aid and to assist such organisations as appropriate;


"Area (en route) airspace"

means airspace that excludes—

(i) aerodrome airspace;
(ii) TMA airspace; and
(iii) FIS-only airspace, when the Company has determined its dimensions;



means Air Traffic Management;



means business sustaining cost;


"Civil Aviation Regulations"

means the Civil Aviation Regulations, 1997, as amended;



means Air Traffic and Navigation Services Company SOC Limited;


"Company representative"

means a person designated by the Company for the purposes of these Rules;



means flight distance;



means OR Tambo International Airport;



means Kruger Mpumalanga International Airport;



means Richards Bay Airport;



means fixed cost;


"FIS-only airspace''

means airspace in which flight information services are provided exclusively;



means from the moment an aircraft commences its take-off until the moment it completes its next landing;


"Flight information centre"

means an air traffic service unit established to provide flight information services and alerting services;


"Flight information service"

means a service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights;


"Flight plan"

means specified information provided to air traffic service units relative to an intended movement of an aircraft;



means the point of entry into or exit from the South African flight information region;


"Maximum Certificated Mass"

means the maximum permissible mass shown in the aircraft flight manual or other document associated with the certificate of airworthiness at which an aircraft may commence its take-off under standard atmospheric conditions at sea level;



means Maximum Certificated Mass;



means a flight, or a portion of a flight, through any aerodrome airspace, TMA airspace or area (en route) airspace;


"non-type certificated aircraft"

means any aircraft that does not qualify for the issue of a certificate of airworthiness in terms of Part 21 of the Civil Aviation Regulations and includes any type certificated aircraft that has been scrapped, of which the original identification plate has been removed and returned to the applicable aviation authority and is rebuild as a full-scale replica;



means a Notice to Airmen;



means a person or legal entity, holding a valid licence and operating certificate or equivalent thereof authorising such person or entity to conduct scheduled, non-scheduled or general air services, and includes—

(i) a licensee as defined in section 1 of the Air Services Licensing Act, 1990 (Act No. 115 of 1990), as amended, or a licensee as defined in section 1 of the International Air Services Act, 1993 (Act No. 60 of 1993), as amended;
(ii) any airline of another State which operates a scheduled international public air transport service in terms of an air transport service agreement as contemplated in section 35(1) of the International Air Services Act, 1993, as amended, or a permit holder as defined in section 1 of the said Act;
(iii) the registered owner of such aircraft; and
(iv) any person or legal entity who uses an aircraft on behalf of an operator;


"Registered owner"

in relation to an aircraft, means the person in whose name such aircraft is registered, and includes any person who is or has been acting as agent in South Africa for a foreign owner, or any person by whom the aircraft is hired at the time;


"Regulating Committee"

means the Regulating Committee established by section 11 of the Airports Company Act;


"South African flight information region"

means the geographical area consisting of the flight information regions of Johannesburg, Cape Town and Johannesburg Oceanic;


''South African Maritime and Aeronautical Search and Rescue Act"

means the South African Maritime and Aeronautical Search and Rescue Act, 2002 (Act No. 44 of 2002);


"Standard Terms and Conditions"

are the terms and conditions of payment set out on the invoice;


"State aircraft"

means aircraft used in military customs and police services;


"Terminal control area"

means a control area normally established at the confluence of air traffic service routes in the vicinity of one or more ACSA airports as published in an AlP, AIC or NOTAM and designated as a terminal control area;



means terminal control area; and



means variable cost.