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

Chapter 8

Part 1 : Internal Appeal Against Decisions of Inspectors, Authorised Officers and Director

118. Appeal against decisions of authorised officers, authorised persons and inspectors

 

(1) Any aggrieved person or entity whose rights have been detrimentally affected as contemplated in section 117(2) may appeal against a decision of an inspector, authorised officer or authorised person to—
(a) refuse such person's or entity's application for registration, licence, certificate, approval or authorisation in terms of this Act;
(b) issue, subject to any condition or restriction, such person's or entity's, registration, licence, certificate, approval or authorisation in terms of this Act;
(c) suspend, cancel, endorse or vary such person's or entity's registration, licence, certificate, approval or authorisation in terms of this Act;
(d) issue a compliance notice or a refusal to issue a compliance certificate in terms of section 114(1) and (2);
(e) ground an aircraft or close an aviation related facility in terms section 115(1); or
(f) prohibit the exercising of certain privileges of any aviation certificate, permit or authorisation in terms of section 116(1).

 

(2) An appeal in terms of subsection (1) must be lodged with the Director within days after the furnishing of reasons for the decision.

 

(3) The Director must within three days of receiving such appeal in writing confirm, amend or withdraw the decision and make a new decision.

 

(4) The Director must within 14 days furnish written reasons to the appellant for any decision taken in terms of subsection (3).

 

(5) Any person aggrieved by a decision taken in terms of subsection (3) may appeal against such decision within five days of receipt of the reasons referred to in subsection (3) to an appeal committee contemplated under section 122.

 

(6) In adjudicating the appeal contemplated in subsection (3) the Director may afford the appellant—
(a) a reasonable opportunity to make representations;
(b) the opportunity to present and dispute information and arguments; and
(c) the opportunity to appear in person.

 

(7) The Director may on good cause shown condone any non-compliance with the time period contemplated in subsection (1).

 

(8)
(a) If the Director sets aside any decision of an authorised officer, authorized person or inspector, the fees referred to in section 121 must be refunded to the appellant.
(b) If the Director varies any such decision, he or she may direct that the whole or any part of such fees be refunded to the appellant.

 

(9) An appeal lodged in terms of this section does not suspend the decision of the authorised officer, authorised person or inspector.