South African Maritime and Aeronautical Search and Rescue Bill: finalisation

Meeting report

TRANSPORT PORTFOLIO COMMITTEE
19 June 2002
SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE BILL: FINALISATION

Chairperson: Mr J Cronin (ANC)

Documents handed out:
Amendments Proposed by Transport Legal Services (Appendix)
South African Maritime and Aeronautical Search and Rescue Bill [B23-2002]

SUMMARY
The Committee formally considered the South African Maritime and Aeronautical Search and Rescue Bill and unanimously accepted the Bill, as amended.

MINUTES
The Committee had previously requested clarification on certain clauses: Clauses 13, 14, 17 and 19 in the Bill and the Department's legal advisors attempted to clarify these clauses. The Department also proposed certain amendments, which were accepted by the Committee. The legal team read through the document (attached as an Appendix).

The Committee then formally considered the Bill and it was unanimously adopted by the Committee as amended and will be sent to the National Assembly for approval into law.

The meeting was adjourned.

Appendix:
Amendments proposed by the Department of Transport (Legal Services)
The Department of Transport proposes the following changes;

1. Clause 13

I To clarify the following we therefore propose the following wording;

13. (1) (c) instruct any holder of a South African aircraft flight crew license or the Master of a vessel to assist in the operation.

13 (2)In a case where the Minister contemplates requisitioning a
civilian aircraft or vessel or instructing a holder of a South
African aircraft flight crew license or Master of a vessel, the
Minister may do so only if-

2. Reasoning

2.1 We are of the view that we distinguish between the holder of a South African flight crew license which includes a pilot, from a Master of a vessel since for aircrafts, there is a license holder in terms of part 64 of the Civil Aviation authority regulations.

3. Clause 14

3.1 A query from NSRI was whether they would be able to claim in terms of this clause for any damage to their assets. We are of the view that NSRI and any other person who suffers any loss as contemplated should be entitled to claim.
3.2 The Minister must be able to re-imburse any person who suffers loss after recovering the expenses.

We suggest the following wording;

A new Clause 14 (2)

The Minister, may after recovering expenses contemplated in sub section (1) compensate any other person who has incurred loss or damages in connection with that operation.

2. Clause 17

We propose the following;

2.1 17(1) The owner of any aircraft or vessel registered or licensed in the Republic and required to carry emergency locator beacons in terms of the Merchant shipping Act and the Civil Aviation Authority Act, must register the emergency locator beacons of such aircraft or vessel as the case may be, with the organisations or institutions designated in terms of section 11 (1) (d).

2.2 (2) Any aircraft or vessel registered or licensed in the Republic carrying emergency locator beacons of its (own volition/voluntarily), must register the emergency locator beacons of such aircraft or vessel as the case may be, with the organisations or institutions designated in terms of section 11 (1) (d).

3. Reasoning

3.1 We are of the view that those ships or aircraft required to carry locator beacons in terms of legislation must register them and that is covered by the new clause 17(1).

2
3.2 We are of the view that, although it is the regulations under the Merchant Shipping Act and those under the Civil Aviation Authority Act, it is enough to cite the Acts and not the regulations as any definition of legislation refers to 'Act and regulations made thereunder'.


3.2 We are of the view that those vessel aircraft carrying beacons, although not required by any legislation, should also register their beacons as it assists in search and rescue if a beacon is registered (as it reveals the details of the owner and size of craft owned.). That is covered by the new clause 17 (2)

4. Clause 19

We propose the following;

4.1 A deletion of clause 19 (3).

4.2 Ad Clause 19 (1), insert 'Any person who knows or has reason to believe'

5. Reasoning

5.1 We are of the view that if we say "reason to believe", we are making the test subjective; we are encouraging members of the Public to report any occurrence, which they think appropriately, falls within this clause.

5.2 They will use their discretion and judgement on whether or not to report.

5.3 Since the one of the purposes of Annex 12 of the ICAO Convention is to encourage people to report, we agree that this clause should not be made punitive, hence the deletion of sub clause 3.