Employment Equity Act, 1998
R 385
Civil Aviation Act, 2009 (Act No. 13 of 2009)Chapter 9 : Procedures for Identifying and Notifying of Differences, Issuance of Exemptions and Interception Orders130. Issuance of exemptions by Minister |
[Section 130 heading substituted by section 48(a) of the Civil Aviation Amendment Act, 2021, Notice No. 956, GG46205, dated 6 April 2022, by Commencement Proclamation Notice 354, GG55536, dated 12 October 2026]
| (1) | The Minister may on good cause shown exempt partially or entirely any person or body from compliance with this Act on the conditions as the Minister may direct. |
[Section 130(1) substituted by section 48(b) of the Civil Aviation Amendment Act, 2021, Notice No. 956, GG46205, dated 6 April 2022, by Commencement Proclamation Notice 354, GG55536, dated 12 October 2026]
| (2) | In exempting a person or body contemplated in subsection (1) the Minister must have regard to— |
[Words preceding Section 130(2)(a) substituted by section 48(c) of the Civil Aviation Amendment Act, 2021, Notice No. 956, GG46205, dated 6 April 2022, by Commencement Proclamation Notice 354, GG55536, dated 12 October 2026]
| (a) | the reasons for the required exemption; |
| (b) | any serious and imminent risk to aviation safety; security or environment; |
| (c) | the existence of an alternative means of compliance; |
| (d) | any imminent danger to persons or property if the person or body is exempted; and |
| (e) | any information at his or her disposal. |
[Section 130(2)(b)(c) substituted by section 48(d) of the Civil Aviation Amendment Act, 2021, Notice No. 956, GG46205, dated 6 April 2022, by Commencement Proclamation Notice 354, GG55536, dated 12 October 2026]
| (3) | The Minister may not grant any exemption under subsection (1) for a period longer than 180 days, which period the Minister may on application in writing extend for a further period not exceeding 180 days. |
[Section 130(3) substituted by section 48(e) of the Civil Aviation Amendment Act, 2021, Notice No. 956, GG46205, dated 6 April 2022, by Commencement Proclamation Notice 354, GG55536, dated 12 October 2026]
| (4) | The procedure for the application for the issuance of exemption is as prescribed. |
[Section 130(4) substituted by section 48(e) of the Civil Aviation Amendment Act, 2021, Notice No. 956, GG46205, dated 6 April 2022, by Commencement Proclamation Notice 354, GG55536, dated 12 October 2026]
