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

Chapter 3

Part 2 : Permission to use Land held under any Reconnaissance Permission, Exploration, Prospecting or Mining Authorisation or Permission for Airports, Consultation with Interested Parties, Trespass, Nuisance and Responsibility for Damage

8. Trespass, nuisance, responsibility for damage and insurance for damage or loss by registered owners and operators of aircraft

 

(1) No action lies in respect of trespass or in respect of nuisance, by reason only of the flight of aircraft over any property at a height, which, having regard to wind, weather and other circumstances of the case, is reasonable, or the ordinary incidents of such flight, so long as this Act, the Convention and the Transit Agreement are duly complied with.

 

(2) Where material damage or loss is caused by—
(a) an aircraft in flight, taking off or landing;
(b) any person in any such aircraft; or
(c) any article falling from any such aircraft,
(d) to any person or property on land or water, damages may be recovered from the registered owner of the aircraft in respect of such damage or loss, without proof of negligence or intention or other cause of action as though such damage or loss had been caused by his or her wilful act, neglect or default.

 

(3) Subsection (2) does not apply where the damage or loss was caused by or contributed to by the negligence or wilful act of the person by whom it was suffered.

 

(4) Where any damages recovered from or paid by the registered owner of an aircraft under this section arose from damage or loss caused by the wrongful or negligent action or omission of any person other than the registered owner or some person in his or her employment, the registered owner is entitled to recover from that person the amount of such damages.

 

(5) A registered owner or operator of an aircraft must have insurance as prescribed for any damage or loss that is caused by an aircraft to any person or property on land or water.