Hessequa
South Africa
South Africa
Aerodrome By-law, 2008
- Published in Western Cape Provincial Gazette 6588 on 19 December 2008
- Commenced on 19 December 2008
- [This is the version of this document from 19 December 2008 and includes any amendments published up to 9 June 2023.]
1. Interpretation
In this by-law, unless the context otherwise indicates –“Act” means the Aviation Act, Act 74 of 1962;“Air Navigation Regulations” means the Civil Aviation Regulations, 1997, published under Government Notice R. 1219, dated 26th September, 1997, as amended from time to time, or any regulations by which the same have been duly replaced;“aerodrome” has the meaning assigned to it in the Aviation Act. 1962 (Act 74 of 1962), and in this by-law refers to the Hessequa Municipal Aerodrome;“Council” means the Hessequa Municipal Council;“manager” means the person for the time being in charge of the aerodrome and includes any other person who is authorised to act on his or her behalf;“municipality” means the Municipality of Hessequa, established in terms of Section 12 of the Municipal Structures Act, 117 of 1998, and includes any political structure, political office bearer, councillor, duly authorised agent or any employee acting in connection with this by-law by virtue of a power vested in the municipality and delegated or sub-delegated to such political structure, political office bearer, councillor, agent or employee;“landing field” means the area comprising the runways and other prepared ways for the passage of aircraft on the ground, aprons and all the land surrounding that area enclosed by a fence;“public enclosures” means demarcated areas within the aerodrome set aside by the Council from time to time for use by members of the public other than persons flying in aircraft, and for the parking of vehicles;“runway” means a defined rectangular area prepared or constructed for the landing and take-off run of aircraft along its length;“taxiway” means a defined path on the aerodrome for the use of taxi-ing aircraft whether such path is constructed or not.2. Purpose of by-laws
The purpose of this by-law is to provide for the control of all aerodromes within the municipal area of Hessequa Municipality.3. Regulations of Aviation Act, Act 74 of 1962 and agreements applicable
This by-law must be read with, and the application thereof is subject to the Aviation Act, 1962 (Act 74 of 1962), as amended, any regulations made there-under, and any agreement entered into between the municipality and any holder of an operator’s licence and nothing in this by-law must be taken as purporting to contradict or derogate from the control of the aerodrome in accordance with the Aviation Act, Act 74 of 1962, the regulations or any such agreement.4. Agreements
The municipality may enter into a written agreement with any party regarding the use of any aerodrome of which it is the licence holder.5. Aerodrome hours
The municipality may determine the hours during which the aerodrome may be used.6. Arrivals and departure of aircraft
The pilot and every other person for the time being in charge or control of an aircraft must ensure that adequate precautions have been taken to keep unauthorized persons at a safe distance from all aircraft before any of its engines is started and while any engine is running.7. Tariffs
Subject to any agreement referred to in section 3 the municipality may levy tariffs for the use of any aerodrome.8. Access to landing field
9. Regulation or prohibition of vehicular traffic and pedestrians
10. General Conduct of Persons
11. Removal of damaged or disabled aircraft
12. Supply of fuel to Aircraft.
13. Boarding or tampering with aircraft
14. Use of buildings and hangars
15. Trading
16. Appeal
A person whose rights are affected by a decision of the municipality may appeal against that decision by giving written notice of the appeal and the reasons therefore in terms of section 62 of the Local Government: Municipal Systems Act, Act 32 of 2000 to the municipal manager within 21 days of the date of the notification of the decision.17. Penalties
A person who has committed an offence in terms of this by-law is, on conviction, liable to a fine, or in default of payment, to imprisonment, or to such imprisonment without the option of a fine, or to both such fine and such imprisonment, and in the case of a successive or continuing offence, to a fine for every day such offence continues, or in default of payment thereof, to imprisonment.18. Revocation of by-laws
The provisions of any by-laws previously promulgated by the municipality or by any of the disestablished municipalities now incorporated in the municipality, are hereby repealed as far as they relate to matters provided for in this by-law, and insofar as it has been made applicable to the municipality by the authorisation for the execution of powers and functions in terms of section 84(3) of the Local Government: Municipal Structures Act, Act 117 of 1998.19. Short title and commencement
This by-law is known as the Aerodrome By-law, and commences on the date of publication thereof in the Provincial Gazette.Cited documents 2
Legislation 2
1. | Local Government: Municipal Systems Act, 2000 | 4368 citations |
2. | Constitution of the Republic of South Africa, 1996 | 585 citations |